5 crore cost imposed on KIMS for increasing the intake of students from 100 to 150

Supreme Court: The bench comprising of Madan B. Lokur and N.V. Ramana JJ came down heavily on Kalinga Institute of Medical Sciences (KIMS) for venturing adventurist litigation has directed the Medical Council of India to restrain it from increasing the intake of students from 100 students to 150 students for the course for the academic year 2016-17 and 2017-2018.

The Court while imposing costs of Rs. 5 crores on KIMS for playing with the future of its students said that there is something rotten in the state of medical colleges unless the concerned Ministries in the Government of India take a far more proactive role in ensuring that medical colleges have all the necessary facilities. The Court also quoted that “Quality in medical education is equally important, if not more, than quantity.”

The Court further observed that the High Court should have been more circumspect in passing interim orders directing the admission of students by its order directing Central Government to grant provisional permission to KIMS to conduct the course for the additional 50 students in the academic year 2015-16. The Supreme Court quashing the order of High Court said that under no circumstance High Court should examine the report as an appellate body. In the present case there was no ground made out at law for setting aside the report of the Inspection Team.

While disposing off the appeal, the Court issued certain directions for KIMS on observation that for the fault of the KIMS, students should not suffer but KIMS should not get away Scot Free.

  • The admission granted to the 50 students pursuant to the order of the High Court and the provisional permission granted by the Central Government shall not be disturbed.
  • The MCI or the Central Government will proceed to take action against KIMS under Clause 8(3) of the Medical Council of India Establishment of Medical College Regulations, 1999 (as amended).

Observing that there is no fixed procedure prepared by the MCI for conducting an inspection, the Court further directed MCI and Central Government as follows:

  • MCI should in consultation with the Central Government prepare a Standard Operating Procedure for conducting an inspection.
  • To introduce transparency and accountability in the medical colleges, the report of the Inspection Team should be put up on the website of the concerned medical college as also on the website of the MCI. [Medical Council of India vs Kalinga Institute of Medical Sciences (KIMS) 2016 SCC OnLine SC 439, decided on 06-5-2016]

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