Ramakrishna Medical College Hospital vs State Of Madhya Pradesh 2024 INSC 845 - Restitution - Interim Orders - Medical College Admission

Principle of restitution - If on account of an act of a party persuading the court to pass an order, which at the end has been held not sustainable and if in the process one party has gained an advantage which it would not have otherwise earned or the other party had suffered an impoverishment, restitution can be made. This principle is not excluded from its application to interim orders- Court should be mindful to neutralize the effect of wrong interim orders which they have been persuaded to pass- the maxim actus curiae neminem gravabit will apply in such a scenario, and orders of restitution can be passed directing the party which obtained the advantage to compensate the party which suffered the disadvantage. (Para 27-29)

Medical College Admission -A medical seat has life only in the year it falls due and that too only till the cut-off date fixed. Even here, there are stringent regulations of the National Medical Commission providing that admission can only be made by the medical colleges within the sanctioned capacity for which permission/recognition has been granted. A seat falling vacant in a particular year cannot be carried forward or created in the succeeding year- In rare and exceptional circumstances, courts can direct increase in seats for the same academic year not exceeding one or two seats, if it finds that for no fault attributable to the candidate and for the fault on the part of the authorities, the candidate hassuffered. This Court has also held that if in the same year, the candidate cannot be accommodated, the Court can mould the relief and direct the admission to be granted in the next academic year.