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september 2018

Supreme Court of India · 2018-09-12

MEDICAL COUNCIL OF INDIA vs THE STATE OF KERALA

Citation / case number
SC 2018/7459
Court
Supreme Court of India
Petitioner
MEDICAL COUNCIL OF INDIA
Respondent
THE STATE OF KERALA
Author
HON'BLE MR. JUSTICE ARUN MISHRA
Bench
HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE ARUN MISHRA

Judgment text excerpt

The Supreme Court ruled that the Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017, is unconstitutional as it undermines the judiciary's authority by attempting to nullify prior judgments regarding illegal admissions in medical colleges. The Court emphasized that the State lacks the competence to legislate in a manner that contravenes the directives established in Sankalp Charitable Trust v. Union of India (2016) 7 SCC 487 and Modern Dental College & Research Centre v. State of M.P. (2016) 7 SCC 353. Consequently, the Ordinance was struck down, affirming the High Court's decision that upheld the illegality of the admissions in question.

MEDICAL COUNCIL OF INDIA vs THE STATE OF KERALA · Niyam