Case Note & Summary
The Supreme Court set aside an interim order of the Rajasthan High Court that directed the Medical Council of India (MCI) to conduct an inspection for enhancement of seats in M.S. (Orthopedics) and M.D. (Radio Diagnosis) at the National Institute of Medical Sciences and Research, Jaipur. The Respondent-Institute had been granted permission to start these PG courses in 2011, but after inspections, MCI found deficiencies and recommended barring admissions for five years from 2017. The Union of India issued a notification in June 2017 recognizing qualifications for students admitted in 2011-2014, but a corrigendum in April 2018 limited recognition to those three academic years only. The Institute filed a writ petition in Delhi High Court challenging the corrigendum, which was pending. Subsequently, the Institute filed another writ petition in Rajasthan High Court seeking inspection for seat enhancement for 2019-2020. The Rajasthan High Court, noting the urgency due to the February 28 deadline, directed MCI to conduct inspection and submit a report. The Supreme Court held that the Institute was guilty of forum shopping by approaching a different High Court while the earlier petition was pending. The Court set aside the interim order and directed the Rajasthan High Court to dispose of the writ petition in light of the observations, without expressing any opinion on the merits.
Headnote
A) Civil Procedure - Forum Shopping - Interim Orders - The High Court of Rajasthan erred in passing an interim order directing inspection for seat enhancement when a similar writ petition was pending before the Delhi High Court, amounting to forum shopping. (Paras 5-9) B) Medical Law - Recognition of Medical Qualifications - Indian Medical Council Act, 1956, Section 11(2) - Post Graduate Medical Education Regulations, 2000, Regulations 6(2) and (3) - The MCI's recommendation to bar admissions for five years was not accepted by the Union of India, but the High Court's direction to conduct inspection was set aside due to pending proceedings. (Paras 2-4, 9)
Issue of Consideration
Whether the High Court of Rajasthan was justified in directing the Medical Council of India to conduct an inspection for enhancement of seats in M.S. (Orthopedics) and M.D. (Radio Diagnosis) courses at the Respondent-Institute, pending a similar writ petition before the Delhi High Court.
Final Decision
The Supreme Court allowed the appeal, set aside the interim order of the Rajasthan High Court dated 21.02.2019, and directed the High Court to dispose of the writ petition in accordance with law, without expressing any opinion on the merits.
Law Points
- Forum shopping
- Interim orders
- Medical Council of India
- Recognition of medical qualifications
- Post Graduate Medical Education Regulations
- 2000
