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Top court censures Odisha HC verdict

The apex court observed that the Justices Indrajit Mahanty and D P Choudhury of HC had “plainly exceeded their jurisdiction” and ventured into “seriously disputed factual issues”.

Written by Debabrata Mohanty | Bhubaneswar | Published: May 8, 2016 3:58:17 am

While imposing a penalty of Rs 5 crore on Bhubaneswar-based Kalinga Institute of Medical Sciences (KIMS) for disregarding Medical Council of India’s order and admitting additional students, the Supreme Court judgment Friday also had a few strong words for the way Odisha High Court adjudicated the matter.

Setting aside a March 2016 judgment of Odisha HC, the SC bench of Justices Madan B Lokur and N V Ramana had restrained education baron Achyut Samanta’s KIMS from admitting 50 additional students by raising its current intake of 100 for MBBS courses in 2016-17 and 2017-18.

The apex court observed that the Justices Indrajit Mahanty and D P Choudhury of HC, who in March had allowed admission to 50 more students despite MCI’s refusal, had “plainly exceeded their jurisdiction” and ventured into “seriously disputed factual issues”.

The court observed that medical education must be taken very seriously and when an expert body certifies that the facilities in a medical college are inadequate, courts are not equipped to take a different view, barring very cogent jurisdictional reasons, such as mala fide of the inspection team.

“Under no circumstance should the High Court examine the report as an appellate body — this is simply not the function of the High Court,” the top court ruled.

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