The Supreme Court dismissed, with costs of Rs 10 lakh, pleas of the National Medical Commission (NMC) and others challenging a Kerala High Court order. This happened today, Wednesday, September 11.
The matter was in connection with an approval granted and then withdrawn to a medical college to increase their seat numbers from 150 to 250 for the academic year 2023-24. A bench of Justices BR Gavai and KV Viswanathan were listening to the pleas, stated a report by PTI.
"Prima facie, we find that the attitude of the NMC is not of a model litigant. The NMC is an organ of the State and is expected to act in a fair and reasonable manner," the bench said in its order passed on September 9.
"We are, therefore, of the view that the present special leave petitions are an abuse of the process of law and, therefore, dismissed with cost quantified at Rs 10,00,000 to be paid within four weeks from the date of this order," it said.
The high court had further directed that the commission, on receipt of such an undertaking, should grant permission to the institute.
The apex court noted that via a letter dated February 27, 2023, the Medical Assessment and Rating Board (MARB) green-signaled the increase and in a letter dated April 5, 2023, withdrew it.
"Making a party run from court to court to seek permission, specifically when the institute concerned is not a new institute and has been running for the last 18 years, in our view, is only an attempt to harass the institution," the bench said, while dismissing the pleas.
