New Delhi: The Supreme Court has ruled that
courts cannot increase seats in medical colleges through
interim orders as the power to hike the number of seats is
vested with the Medical Council of India`s (MCI) Board of
A bench of Justices H L Dattu and C K Prasad, in a
judgement, said any such order by courts will have a
disastrous effect on the rule of law as it amounts to
conferring legal sanctity to unrecognised seats held by
"We cannot imagine anything more destructive of the rule
of law than a direction by the court to allow continuance of
such students (on unrecognised seats), whose admissions is
found illegal in the ultimate analysis," Justice Prasad said
in his judgement.
"By virtue of such order students are admitted as in the
present case and though many of them had taken the risk
knowingly, but few may be ignorant. In most of such cases when
finally the issue is decided against the college, the welfare
and plight of the students are ultimately projected to arouse
sympathy of the court.
"It results in very awkward and difficult situation. If,
on ultimate analysis, it is found that the college`s claim for
increase of seats is untenable, in such an event the admission
of students with reference to the increased seats shall be
illegal," the court said.
The apex court passed the ruling upholding MCI`s appeal
challenging a Karnataka High Court`s direction permitting JSS
Medical College, to increase its MBBS course seats from 150 to
200 for the academic year 2011-2012.