NMC expected to act in fair manner, says Supreme Court; rejects pleas with costs of Rs 10 lakh

The apex court observed that making a party run from court to court to seek permission, specifically when the institute has been functional for 18 years, was only an attempt to harass the institution.

New Delhi: The Supreme Court on Wednesday dismissed a plea by the National Medical Commission (NMC) against a Kerala High Court order with Rs 10 lakh cost, saying the it is an organ of the State and is expected to act in a fair and reasonable manner.

A bench of Justices B R Gavai and K V Viswanathan said the court, prima facie, found that the attitude of the NMC was not of a model litigant.

The court was dealing with pleas filed by the NMC and others in a matter related to the withdrawal of approval granted to a medical college for increase of seats from 150 to 250 for the academic year 2023-24.

"Making a party run from court to court to seek permission, specifically when the institute has been functional for 18 years, was only an attempt to harass the institution," the bench said.

The matter related to KMCT Medical College of Kerala. The college was given approval for an increase of seats from 150 to 250 for the academic year 2023-24 by a letter dated February 27, 2023, issued by the Medical Assessment and Rating Board, which was later withdrawn by a subsequent letter on April 5, 2023.

The NMC had approached the Supreme Court challenging the Kerala High Court order, which directed the body to grant permission with an undertaking from the college.

Senior advocate Gaurav Sharma, appearing for the NMC, submitted that the grant of permission has to be considered on an annual basis. He further submitted that the earlier disapproval was for the academic year 2023-2024, and could not be held as valid for academic year 2024-25.

He submitted that there had been no inspection insofar as the academic year 2024-2025 was concerned and, therefore, the High Court was not justified in passing the order.

However, the apex court dismissed the plea.

The top court said that the cost of Rs 5 lakh should be deposited in the Supreme Court Advocates-on-Record Association, to be used for the library, while the remaining Rs 5 lakh should be submitted to the Supreme Court Bar Association Advocates Welfare Fund.