Interim Order For Provisional Admission To Medical Courses Should Not Be Given Unless There’s Cast-Iron Case: Kerala High Court
The Kerala High Court said that unless the institution can provide complete and comprehensive facilities for the training of each candidate admitted in various disciplines, medical education will be incomplete.
Justice Anil K. Narendran, Justice Muralee Krishna S., Kerala High Court
The Kerala High Court held that an interim order for provisional admission to Medical or Dental courses should not be given unless there is a cast-iron case which is bound to succeed or no other conclusion is possible.
The Court held thus in a Writ Appeal filed by Under Graduate Medical Education Board (UGMEB) and National Medical Commission (NMC) against the Interim Order passed by the Single Judge.
A Division Bench comprising Justice Anil K. Narendran and Justice Muralee Krishna S. observed, “In view of the law laid down in the decisions referred to supra, in a writ petition filed under Article 226 of the Constitution of India, interim order for provisional admission to Medical or Dental courses should not be given as a matter of course on the writ petition being admitted unless the court is fully satisfied that the petitioner has a cast-iron case which is bound to succeed or the error is so gross or apparent that no other conclusion is possible.”
The Bench added that unless the institution can provide complete and comprehensive facilities for the training of each candidate admitted in various disciplines, medical education will be incomplete, and Universities would be turning out doctors who are not fully qualified, which would adversely affect the health of the general public.
Additional Solicitor General (ASG) A.R.L. Sundaresan and Advocate (Standing Counsel) K.S. Prenjith Kumar appeared on behalf of the Appellants while Senior Advocate P. Sreekumar appeared on behalf of the Respondents.
Facts of the Case
A Writ Petition was filed by the Respondents namely V.N. Public Health and Educational Trust and its Managing Trustee, seeking a Writ of Certiorari to quash the order of the Appellant-NMC in an Appeal filed by Palakkad Institute of Medical Sciences, Walayar, under Section 22(3) of the National Medical Commission Act, 2019 (NMC Act), read with Section 9 of the Maintenance of Standards of Medical Education Regulations, 2023. The Petition also sought to quash the order of the Appellant-UGMEB, whereby the Board decided to reduce 50 seats in Palakkad Institute, and granted conditional renewal of only 100 MBBS seats, for the academic session 2025-26; a declaration that for the institutions granted Letter of Permission under the Establishment of Medical College Regulations, 1999, read with the Minimum Standard Requirements for 150 MBBS Admissions Annual Regulations, 1999, and the Minimum Requirements for Annual MBBS Admissions Regulations, 2020, yearly renewals till the grant of Letter of Recognition is governed by said norms.
Further, they sought a Writ of Mandamus commanding the Appellants and University to permit them to admit second batch of 150 MBBS students during the academic session 2025-26; commanding the Appellants to grant Letter of Permission for 150 MBBS seats during the academic session 2025-26; and commanding the Kerala University of Health Sciences to grant order of Continuation of Provisional Affiliation for 150 MBBS seats during the academic session 2025-26. The Single Judge by an interim order, directed the Appellants to permit the Respondents to admit the second batch of 150 MBBS students, during the academic session 2025-26. The University was directed to pass appropriate orders for that purpose, as early as possible. Thereafter, the Single Judge directed to get instructions as to why a Contempt of Court action should not be taken against the Appellants for not complying with the directions in the interim order. This was under the challenge in the Appeal.
Reasoning
The High Court after hearing the arguments from both sides, noted, “A reading of the interim order dated 27.08.2025 of the learned Single Judge, which is under challenge in this intra court appeal, would show that the said order is one issued without recording the satisfaction of the court that the petitioner has a cast-iron case which is bound to succeed or that the error in Exts.P1 and P13 orders is so gross or apparent that no other conclusion is possible. Therefore, in view of the law laid down by the Apex Court in the decisions referred to supra, the interim order dated 27.08.2025 of the learned Single Judge cannot be sustained.”
The Court was of the view that instead of passing the impugned interim order, the Single Judge ought to have considered the rival contentions and decided the question as to whether the Writ Petitioner is entitled to a writ of mandamus, as sought for in that Writ Petition.
“At any rate, by way of an interim order, respondents 1 to 3 in the writ petition cannot be directed to implement before the next posting of the writ petition, the recommendation made by the Hon’ble the Chief Justice in the letter dated 16.02.2021, failing which the Chief Secretary shall remain present before the Court on 10.01.2025 itself”, it added.
The Court remarked that such a course is legally impermissible, in view of the law laid down in the decisions referred.
Accordingly, the High Court allowed the Writ Appeal and set aside the impugned Interim Order.
Cause Title- Under Graduate Medical Education Board & Anr. v. V.N. Public Health and Educational Trust & Ors. (Neutral Citation: 2025:KER:69787)
Appearance:
Appellants: ASG A.R.L. Sundaresan and Advocate (Standing Counsel) K.S. Prenjith Kumar.
Respondents: Senior Advocate P. Sreekumar, Standing Counsel S. Ganesh, and Advocate S. Vinod Bhatt.
