The Supreme Court Today (Aug 14) expressed strong surprise and criticism towards the Madhya Pradesh High Court for continuing hearings in a paramedical colleges recognition case, despite the top court’s stay order in the same matter.
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NEW DELHI: The Supreme Court of India on Thursday strongly criticised the Madhya Pradesh High Court for continuing to hear a case about alleged irregularities in the recognition and admissions of paramedical colleges, even though the top court had already stayed the High Court’s earlier order in this matter.
A Bench of Chief Justice of India BR Gavai and Justice Vinod K Chandran was hearing an appeal by the Madhya Pradesh Paramedical Council.
This appeal was against the July 16 order of the High Court in a petition filed by the Law Students Association.
The High Court had earlier stopped the recognition and admissions process for many paramedical colleges and told the concerned university to conduct inspections. The controversy started when allegations arose that the Council had given retrospective recognition to many paramedical colleges for 2023–24 and 2024–25, allowing them to admit students even before getting official recognition.
This issue came to light after a bigger “nursing college scam” investigation, in which hundreds of nursing institutions were found unfit. Despite this, paramedical colleges from the same premises were still functioning.
In an earlier stage of the case, on August 1, the Supreme Court had stayed the High Court’s order, allowed admissions to continue, and questioned how law students could file such a case without any direct interest in the matter.
During the latest hearing, Senior Advocate Mukul Rohatgi, appearing for the Council, told the Supreme Court that the High Court had completely ignored the stay order and was still passing fresh orders in the same case.
He said that the matter was being pushed by petitioners who had no real connection to it and that this behaviour showed disrespect to the authority of the Supreme Court.
“Your lordships stayed the main order by the high court still proceeds. It is passing fresh orders. The impugned order today is a new order in the same matter proceeding further and further. At the instance of these law students. They have no concern. This is disrespect to the honour of this Court. This is not how the high court should function,” argued Rohatgi.
Rohatgi further said that even though the High Court itself had written in its order that the Supreme Court had granted a stay, it still continued the hearing.
“They have recorded in the order that the Supreme Court has granted a stay. But they say “no harm in proceeding” and proceed. I am shocked. This is not the way…I am at a loss of words.”
The Supreme Court Bench noted that it was disturbed by the approach taken by the High Court.
“We are surprised at the manner in which the High Court has proceeded to pass the impugned order. Even after noticing that this Court is seized of the matter, and has stayed the order of the High Court in the said proceedings, the High Court has proceeded further to hear the matter,” the Court said.
The judges also explained that even though High Courts are not administratively below the Supreme Court, judicial discipline demands that they do not keep hearing a case when the top court is already dealing with it and has stayed its earlier order.
“Both the High Courts and the Supreme Court are organs of the Constitution. However, as a matter of judicial propriety it is expected of the High Court that when this Court is seized of a matter and has stayed an earlier order of the High Court, it should not have proceeded with the hearing of the matter,” the Court recorded.
The Supreme Court finally stayed not only the High Court’s latest order but also stopped further proceedings in the case. When the other side’s lawyer asked for time to file a counter affidavit, the Chief Justice questioned how such conduct by the High Court could be justified.
CASE TITLE:
Registrar, M. P. Paramedical Council Vs. Law Students Association.
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