SC Imposes A Fine Of Rs. 5 Crore On Saraswati Medical College For Violation Of Regulations Issued By The Medical Council; 132 Students To Do Community Service

KEY TAKEAWAYS

• This ruling is in relation to Saraswati Educational Charitable Trust v. Union of India, where the Apex Court held that the college admitted students to the MBBS course, in violation to the regulations of the medical council.
• The Supreme Court fined the college an amount of ₹5 Crore, to be deposited in the Registry of the Court, for intentional violation of the regulations.
• 132 admitted students to do two years of community service after completion of course, as punishment for their awareness of such violation during the time of admission.
• NMC to create a Trust with the fine to assist needy students seeking admissions in medical colleges. 

INTRODUCTION

A bench of Justices L Nageswara Rao and S Ravindra Bhat observed that Saraswati Medical College accepted 132 students, acting on its own decisions without seeking any confirmation, or permission from Director General Medical Education (DGME), Uttar Pradesh. These 132 students are sentenced to two years of community service after the completion of their course, for the part they played by being aware of their violation of the regulations. The bench observed: "Being aware of the fact that admissions cannot be made from students not allotted by the third Respondent (MCI), the College admitted 132 students on its own. Thereafter, the college permitted the students to continue their studies in spite of the direction by the MCI to discharge the students not being stayed. Intentional violation of the regulations by the college while granting admission to 132 students in the first year MBBS course for the academic year 2017-2018 cannot be condoned. The college is directed to deposit an amount of Rs 5 crore in the Registry of this Court within a period of 8 weeks from today." This ruling came into force after the college refused to carry out the orders passed on to them by the Medical Council, asking the college to discharge 132 students out of 150 that were admitted in the first year of the MBBS course. 

BACKGROUND

The Supreme Court was hearing a plea filed by Saraswati Educational Charitable Trust, which challenged the notice issued by Medical Council of India, on September 29, 2017 that directed Saraswati Medical College to discharge 132 out of 150 students admitted in the first year MBBS course for the academic year 2017-2018. 71 students of the batch 2017-2018, who were admitted in the first year of the course- then filed a second petition, requesting the Court to allow them to continue their studies, and to direct the Registrar, Uttar Pradesh Medical Council to declare their results of the first year MBBS course. The college, despite getting the notice of discharging students, didn't carry out the orders, and continued the course, and the students wrote their first year course examination, with permission from the University. The students approached the Court to request a declaration of their results, which was granted to them. 

CURRENT SCENARIO

126 students have presently completed their second year of the course, and are seeking permission to take their course examination. The Bench stated that cutting off their education now won't serve any purpose, and therefore will let the students complete their education, after which these students will serve two years of community service, as a punishment for their part in the violation of the regulations of the medical council. It said- "The students who joined the College knowing fully well that their admissions are contrary to the Regulations are directed to do community service for a period of two years after completing their MBBS course." The Court also fined the college an amount of ₹5 crore for the violation of Medical Council Regulations on Graduate Medical Education, 1997, and the amount paid as fine will constitute as a Trust fund for helping students in need of financial help to seek admissions in the medical colleges of the State. 

CONCLUSION

The Court made it crystal clear that the college should not recover the amount from the students in any manner whatsoever. The Court directed the National Medical Commission (NMC) to create a Trust, which shall "include the Accountant General of the State of Uttar Pradesh, an eminent educationist and a representative of the State of Uttar Pradesh as Members of the Trust." This trust will contain the amount paid by the College as fine, and it will go towards helping the needy students financially, those who seek an admission in medical colleges in the State of Uttar Pradesh. The Court asked NMC to submit an Action Taken Report along with a copy of the trust deed, within 12 weeks of the order. The Court also allowed NMC to take care of the details and workings of the community service that the 132 students must perform. In this manner, the students who are in need of actual assistance can avail the help of this trust, and fulfill their dreams of education in a medical field.