The National Medical Commission (NMC) lost a recent appeal before the Supreme Court of India, highlighting the NMC’s duty to operate responsibly and fairly as a governmental agency. The issue concerned the NMC’s decision to revoke permission for a Keralan medical college to add 250 seats to its existing 150 for the 2023–2024 academic year. The court emphasized that the NMC’s actions appeared to be intended to harass the college, citing the institution’s eighteen years of operation.
A bench led by Justices B.R. Gavai and K.V. Viswanathan emphasized that the NMC ought to act as an exemplary litigant in its capacity as a state entity. The medical college was required to obtain approval from many courts due to a series of legal objections, which the court deemed to be unreasonable. The NMC’s acts were declared an abuse of the legal process by the Supreme Court, which also fined them ₹10 lakh, which they had to pay back in four weeks.
The case started on August 13, 2023, when the Kerala High Court ordered the college to provide an undertaking about the increase in seats. The High Court ordered the NMC to grant the college’s plea after learning of this. However, the NMC then retracted its consent through another letter dated April 5, 2023, despite a favorable letter from the Medical Assessment and Rating Board (MARB) on February 27, 2023, which allowed the seat expansion.
After examining the case, the Supreme Court concluded that the NMC had acted illegally in withdrawing the approval on the grounds that the matter was under court order. The court made it clear that the NMC should not have arbitrarily withheld its permission if it had reasonable doubts; rather, it should have asked the relevant court for advice or explanation.
The court maintained the Kerala High Court’s judgment, concluding that the NMC’s actions were inconsistent with its duty to behave as a model litigant. The Supreme Court’s resolute position in this case serves as a reminder that state agencies, such as the NMC, should respect the values of justice and fairness in their interactions with institutions, instead of wasting time and resources on pointless litigation that annoys the courts and the parties involved.
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