MEDICAL COUNCIL OF INDIA versus STATE OF KERALA & ORS.

MEDICAL COUNCIL OF INDIA versus STATE OF KERALA & ORS.

The impugned Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017 is ultra vires, as it sought to regularise admissions set aside by judicial orders, amounting to a clear entrenchment upon the field of judicial review, which is reserved exclusively for the judiciary. The doctrine of separation of powers and binding effect of judicial decisions prohibits State action in nullifying court judgments. Legislative attempts to regularise admissions in contravention of court orders are impermissible, arbitrary, and illegal.

Parties
Petitioner: Medical Council of India; Respondent: State of Kerala; Respondent: Kannur Medical College; Respondent: Karuna Medical College
Jurisdiction
India
Judgment Date
12 September 2018
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Writ petitions allowed. Ordinance declared ultra vires.
Legal Topics
Separation of Powers, Judicial Review, Ultra Vires Legislation, Admissions to Medical Colleges, Binding Effect of Supreme Court Judgments
Constitutional Law Education Law Separation of Powers Judicial Review Ultra Vires Legislation Admissions to Medical Colleges Binding Effect of Supreme Court Judgments

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Parties

Medical Council of India

Petitioner

State of Kerala

Respondent

Kannur Medical College

Respondent

Karuna Medical College

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether the State of Kerala was competent to promulgate an Ordinance intended to regularise admissions quashed by court orders and thereby nullify the judgments/orders of the courts.
  2. 2 Whether the Ordinance violated the doctrine of separation of powers and judicial independence.
  3. 3 Whether a legislation can be invalidated for entrenching on judicial review.

Ratio Decidendi

The impugned Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017 is ultra vires, as it sought to regularise admissions set aside by judicial orders, amounting to a clear entrenchment upon the field of judicial review, which is reserved exclusively for the judiciary. The doctrine of separation of powers and binding effect of judicial decisions prohibits State action in nullifying court judgments. Legislative attempts to regularise admissions in contravention of court orders are impermissible, arbitrary, and illegal.

Court Disposition

Writ petitions allowed. Ordinance declared ultra vires.

Orders

  • The Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017 is declared ultra vires and invalid.
  • No regularisation of admissions quashed by the Admission Supervisory Committee and courts is permissible under the Ordinance.