Interim Orders and the Impact on Medical Colleges: A Case for Restitution of Lost Resources.


07 November 2024 Civil Appeals >> Civil & Consumer Law   |   Education >> Miscellaneous  

The case involves of Ramkrishna Medical College Hospital & Research Centre & Another v/s State Of Madhya Pradesh & Others, two medical colleges that faced adverse financial consequences due to a High Court interim order directing that one MBBS seat in each college be kept vacant during the 2023-24 academic year. The seats were kept vacant as a result of Writ Petitions filed by students challenging certain government schemes. However, the interim order, which was not based on a full assessment of the merits of the case, resulted in the colleges being unable to fill these seats before the cut-off date for admissions.


 

 

In both cases, the interim order was issued without adequately considering the balance of convenience or the financial impact on the colleges. By the time the Writ Petitions were dismissed, the admissions deadline had passed, and the seats remained vacant for the entire duration of the course, causing significant financial loss to the colleges.

The colleges sought compensatory relief in the form of an additional seat in the subsequent academic year, arguing that the vacant seat led to underutilization of resources and a loss of fees. However, the Court ruled that creating an additional seat in the following year was not feasible, based on prior judgments. The Court emphasized that vacant medical seats cannot be carried forward to the next academic year. Instead, it granted the colleges the option to make a representation to the state's Fee Fixation Authority. The Fee Fixation Committee was directed to consider the financial loss due to the vacant seat when fixing the fees for future batches, thereby providing some compensation to the colleges.