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In the wake of the ongoing investigation into a judicial nexus in illegal medical college admissions, the Supreme Court The Supreme Court on Thursday struck down an Allahabad high court order that allowed a Lucknow-based medical college to admit 150 students for the 2017-18 session, and also asked the institute to pay Rs 10 lakh to each student as compensation, besides refunding their fees.
A three-judge bench headed by the Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud also imposed fine of Rs. 25 lakhs on the College, G.C.R.G. Memorial Trust, for illegally admitting the students and directed it to pay the money in Supreme Court registry in eight weeks, after observing that their conduct was “absolutely blameworthy”.
The Court was hearing a Special Leave Petition filed by the Medical Council of India (MCI), challenging an order passed by a Division Bench of the Allahabad High Court in September this year allowing the college to admit students. The apex court said the HC bench had virtually overruled the SC order, acting ultra vires to all the rules and regulations. "It is most unfortunate, which may cause an institutional problem," the bench said and hinted that it may address the issue on the administrative side.
Calling it “a most unfortunate situation” the Court further observed, “One cannot but say that the adjudication by the Division Bench tantamount to a state as if they dragged themselves to the realm of “willing suspension of disbelief”. Possibly, they assumed that they could do what they intended to do. A Judge cannot think in terms of “what pleases the Prince has the force of law”.
“Frankly speaking, the law does not allow so, for law has to be observed by requisite respect for law, the Division Bench had no reason to abandon the concept of judicial propriety and transgress the rules and further proceed on a path where it was not required to. Such things create institutional problems and we are sure that the learned Judges shall be guided by it.”
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