Madras High Court Directs Pondicherry Institute Of Medical Sciences To Surrender 26 Seats For Failure To Comply With MCI Guidelines

Justice M. Dhandapani also directed the institute to pay Rs. 10 Lakh to the Spastics Society of Tamil Nadu and Rs. 10 Lakh to Adyar Cancer Institute within 2 weeks of the order. The court made it clear that no action would be taken against the students who had already been admitted and they shall be issued with the course completion certificate if not already issued.

The court was hearing a petition filed by the Institute against the order of the Medical Council of India and the consequential orders issued by the Government of Puducherry and the Pondicherry University against the institute. Through the orders, the institute was directed to discharge 26 students who were admitted to the MBBS course in 2017-18 on the ground that the admission was not in terms with the guidelines issued by the MCI.

Senior Advocate, appearing for the institute informed the court that during the pendency of the petition, the 26 students had successfully completed their MBBS course and were either pursuing higher studies or working. The institute thus pointed out that if the students were discharged after completing their studies, the knowledge acquired by them may go to waste and will not be of any use to the society.

The MCI, on the other hand, informed the court that it had decided to exempt the students from any punishment but wanted to initiate action against the institute in accordance with NMC regulation. MCI informed the court that it had decided to impose regulation as prescribed under Maintenance of Standards of Medical Education Regulations, 2023 and bar the college from taking admission against 26 seats for 2 subsequent years.

To this, the institute submitted that it was ready to surrender 13 seats each for 2 subsequent years from management quota to government quota and instead of barring the institute from taking admissions, it may be permitted to surrender the 13 seats. The MCI agreed to the arrangement but also pursued the court to impose some punishment of compensation payable to any orphanage.

Taking note of the submissions of the institute and the MCI, the court ordered accordingly.

Counsel for the Petitioner: Mr.Vijay Narayanan Senior Counsel for M/s.A.Jenasenan

Counsel for the Respondent: Mr.B.Rabu Manohar, Mrs.Shubharanjani Ananth, Mr.Ramasamy Meyyappan, Government Advocate (P) Mrs.A.V.Bharathi

Citation: 2024 LiveLaw (Mad) 427

Case Title: Pondicherry Institute Of Medical Sciences v The Government of India and Others

Case No: W.P.No.4525 of 2018