SC: Admissions to Medical Colleges cannot be permitted to be made beyond sanctioned capacity

The Hon’ble Supreme Court, on 07.12.2020, in the matter of National Medical Commission v. Mothukuru Sriyah Koumudi & Ors. pronounced that admissions to Medical Colleges cannot be permitted to be made beyond the sanctioned annual intake capacity of a medical college. Directions cannot be issued for increasing annual intake capacity and to create seats.

The Hon’ble Supreme Court observed that:

The Managements of the Medical Colleges are not expected to indulge in such illegalities in making admissions to Medical Courses. (Para 8)

Directions cannot be issued for increasing annual intake capacity and to create seats. The annual intake capacity is fixed by the Medical Council of India (now National Medical Commission) which has to be strictly adhered. Admissions to Medical Colleges cannot be permitted to be made beyond the sanctioned annual intake capacity of a medical college. (Para 9)

The last date for admissions has to be strictly followed except in very rare and exceptional cases of unequivocal discrimination or arbitrariness or pressing emergency. In such cases, admission can be granted by courts even after the last date. (Para 10)

Copy of judgement: Judgement_07-Dec-2020

-Adv. Tushar Kaushik

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