Judgment

D.P. Wadhwa, J.—Leave granted.

2. A Division Bench of the Karnataka High Court has put a question mark on the authority of the Medical Council of India (for short, the ‘Medical Council’) - the appellant —in its judgment dated July 16, 1997 to fix intake for admission of students to various medical colleges in the State of Karnataka. Medical Council is aggrieved by that part of the impugned judgment where the Division Bench held that prior to insertion of Sections 10A, 10B and 10C in the Indian Medical Council Act, 1956 (for short, the ‘Medical Council Act’) by the Amending Act 31 of 1993 neither the Central Government nor the Medical Council could fix the admission capacity in the medical colleges in the State and that this authority to determine the admission capacity in the medical colleges vested in State by virtue of two State enactments, namely, Karnataka State Universities Act, 1976 (for short, ‘Karnataka Universities Act’) and Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (for short, ‘Karnataka Capitation Fee Act’). The Division Bench, however, held that after the amendment of the Indian Medical Council Act by insertion of Sections 10A,