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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.195 OF 2016

(Arising out of SLP(C) No.9228 of 2012)

MEDICAL COUNCIL OF INDIA                    APPELLANT(s)                           VERSUS JSS MEDICAL COLLEGE & ANR. RESPONDENT(s)

O R D E R

Leave granted.  We have heard learned counsel for the parties as well as learned counsel for the students (interveners).  After hearing all the parties, we are of the opinion that  in  the  interest  of  the  students  as  well  as  the Medical  Council  of  India  and  also  to  send  a  message across  to  the  JSS  Medical  College  and  other  medical colleges, the following directions are passed: (i) Since the students have completed 4½ years of their MBBS Course and are likely to complete their course some time in June this year, notwithstanding the decision of this Court in Medical Council of India Vs. JSS Medical College and Another [(2012) 5 SCC 628], the students may be allowed to complete their course and obtain a degree in  case  they  successfully  complete  the  course.   This

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order  is  being  passed  only  on  peculiar  facts  of  this case. (ii) Since the College has also not complied with the orders passed by this Court in the above cited case and has permitted the students to continue their studies, to send a message to the College and other medical colleges, we are of the view that it would be appropriate if the JSS Medical College is directed to deposit an amount of Rs.5,00,00,000/-(Rupees five crores only) in the Registry of this Court within four weeks from today.  We order accordingly  and  observe  that  the  conduct  of  the  JSS Medical  College  is  most  unfortunate.   The  amount  of Rs.5,00,00,000/-(Rupees  five  crores  only)  so  deposited towards costs shall not be recovered in any manner from any student or adjusted against the fees or provision of facilities for students of subsequent batches. (iii) Again,  to  send  a  strong  message  to  the  JSS Medical  College  and  other  medical  colleges,  we  direct that for the next academic year, i.e., 2016-17, the JSS Medical  College  shall  be  permitted  to  admit  only  150 students as against the sanctioned strength of 200.

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With the above directions, the appeal stands disposed of.  Pending application, if any, also stands disposed of.

.............................J.   (MADAN B. LOKUR)

.............................J.   (R.K. AGRAWAL)

NEW DELHI JANUARY 12, 2016