In Brief
Kalinga Institute of Medical Sciences (KIMS) sought to increase MBBS intake from 100 to 150 students. The Medical Council of India's inspection team found serious deficiencies in facilities. Despite the Central Government's June 2015 direction to deny the increase, the Orissa High Court set aside the direction for lack of hearing, directed a fresh hearing, and ultimately granted interim permission for the increased intake in September 2015. The Supreme Court held that courts cannot minutely examine expert inspection reports as an appellate body. The High Court exceeded its jurisdiction by item-by-item scrutiny. The Court allowed the appeal, set aside the High Court's order, but allowed the already-admitted 50 students to continue studies. It imposed Rs. 5 crores costs on KIMS, barred increased intake for 2016-17 and 2017-18, and directed the MCI to prepare standard operating procedures for inspections and ensure transparency by publishing inspection reports.
The lawyer headnote and full judgment text are available to registered users.