The Supreme Court today stayed the operation of the Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017..A Bench of Justices Arun Mishra and UU Lalit passed the order while hearing a petition filed by the Medical Council of India (MCI) challenging the Ordinance..The Ordinance was resorted to by the State government after the Supreme Court barred admission to Kannur and Karuna Medical colleges following the finding by the Admissions Supervisory Committee that, during the academic year 2016-17, the medical colleges had admitted around 180 students in violation of rules..The Ordinance was then challenged by Medical Council of India (MCI) in Supreme court, which is currently being heard by the Court..The Bench today observed that the State cannot override the order of the Court by terming it as ineffective. It also noted that any violation of the Court’s order will be dealt with in a serious manner..During the course of hearing, Justice Lalit observed that no legislative act can override a Supreme Court judgement..The counsel appearing for the State of Kerala informed the Bench that a Bill is slated to be passed, at which point the Bench questioned him whether the Ordinance has lapsed or not..Senior Advocate Aryama Sundaram, appearing for the colleges, told the Bench that it is necessarily assumed that when a Bill is passed, the Ordinance ceases to operate, unless it is extended..In response, the Bench observed that even though the Act is enacted, it cannot come into force unless it is notified. It further stated that it would not go into the Bill, but would limit itself to the Ordinance, as the Bill may be modified by the Governor..While passing its order, the Bench also observed that the case appears to be prima facie violative of the order of the Court. It then proceeded to stay the operation of the Ordinance..Read the order below.
The Supreme Court today stayed the operation of the Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017..A Bench of Justices Arun Mishra and UU Lalit passed the order while hearing a petition filed by the Medical Council of India (MCI) challenging the Ordinance..The Ordinance was resorted to by the State government after the Supreme Court barred admission to Kannur and Karuna Medical colleges following the finding by the Admissions Supervisory Committee that, during the academic year 2016-17, the medical colleges had admitted around 180 students in violation of rules..The Ordinance was then challenged by Medical Council of India (MCI) in Supreme court, which is currently being heard by the Court..The Bench today observed that the State cannot override the order of the Court by terming it as ineffective. It also noted that any violation of the Court’s order will be dealt with in a serious manner..During the course of hearing, Justice Lalit observed that no legislative act can override a Supreme Court judgement..The counsel appearing for the State of Kerala informed the Bench that a Bill is slated to be passed, at which point the Bench questioned him whether the Ordinance has lapsed or not..Senior Advocate Aryama Sundaram, appearing for the colleges, told the Bench that it is necessarily assumed that when a Bill is passed, the Ordinance ceases to operate, unless it is extended..In response, the Bench observed that even though the Act is enacted, it cannot come into force unless it is notified. It further stated that it would not go into the Bill, but would limit itself to the Ordinance, as the Bill may be modified by the Governor..While passing its order, the Bench also observed that the case appears to be prima facie violative of the order of the Court. It then proceeded to stay the operation of the Ordinance..Read the order below.
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