IMPORTANT POINT
Recognition and permission – distinction.

Headnote:(a) Indian Medical Council Act, 1956 – Section 33 – Regulations framed under the Act are directory in nature – However these regulations have statutory force – Have to be followed by Medical colleges and Universities. (Paras 20 and 21)
        (1998) 6 SCC 131; (1999) 7 SCC 120; AIR 1968 SC 1012; (1969) 2 SCC 228; (1971) 1 SCC 607; (1986) Supp. SCC 543; (2001) 10 SCC 264; (2004) 1 SCC 86 – Relied upon
        (1981) 4 SCC 296 – Referred
        (b) Indian Medical Council Act, 1956 – Section 10A and 10B r/w Regulations – Medical Council of India has wide authority to take all steps necessary to ensure that a medical institution, either at the time of establishment, or later at the time of applying for increase in the number of seats, has the capacity and the necessary infrastructure, not only to run the college, but also to sustain the increase in the number of seats applied for – Non-compliance of the provisions by an institution renders any degree awarded by it void. (Paras 44 and 45)
        (1993) 3 SCC 161; (2005) 2 SCC 65 – Referred
        (c) The Opening of a New or Higher Course of Study or Training (including Post-Graduate Course of Study or Training) and Increase of Admission Capacity in any Course of Study or Training (including a Post- Graduate Course of Study Or Training) Regulations, 2000 – (Part II) – Regulation 3(1) – “Recognised by the Medical Council of India” – Power to grant recognition lies with the Central government and not MCI – Recognition and permission to increase courses or seats are two different things – Contention that once permission had been granted under Section 10A of the Act, it would amount to grant of recognition and, thereafter, the medical college/institution, was free to enhance the number of seats without the permission either of the Council or the Central Government is erroneous. (Paras 48 and 49)
        (1999) 7 SCC 120 – Relied upon
       Facts of the case:
        These matters are mainly concerned with the interpretation of Sections 10A and 11 of the Indian Medical Council Act, 1956.
       Finding of the Court:
        The Medical Council of India plays a very important role at every stage in either the grant of permission to establish a new medical college or to increase the number of seats.

JUDGMENT

Altamas Kabir, J.

1. Leave granted.

2. The Indian Medical Council Act, 1956, hereinafter referred to as the “1956 Act”, was enacted, inter alia, to provide for the reconstitution of the Medical Council of India and the maintenance of a Medical Register for India and for matters connected therewith. Section 3 of the Act empowered the Central Government to constitute a Council, which as per Section 4(1) means the Medical Council of India, hereinafter referred to as the “Medical Council”, constituted under the 1956 Act.

3. In these matters, we are mainly concerned with the interpretation of Sections 10A and 11 of the 1956 Act. Section 10A of the 1956 Act, which provides for permission for establishment of new medical colleges and new courses of study, is extracted hereinbelow :

“10A. Permission for establishment of new medical college, new course of study.- (1) Notwithstanding anything contained in this Act or any other law for the time being in force:-

a) no person shall establish a medical college; or

b) no medical college shall –

(i) open a new or higher course of study or training (including a post-graduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognised medical qualification; or

(ii) increase its admission capacity in any course of study or training (including a post-graduate course of study or training), except with the previous permission of the Central Government obtained in accordance with the provisions of this Section.

Explanation 1.-For the purposes of this Section, "person" includes any University or a trust but does not include the Central Government.

Explanation 2.- For the purposes of this Section "admission capacity" in relation to any course of study or training (including post-graduate course of study or training) in a medical college, means the maximum number of students that may be fixed by the Council from time to time for being admitted to such course or training.

(2) (a) Every person or medical college shall, for the purpose of obtaining permission under sub-Section (1), submit to the Central Government a scheme in accordance with the provisions of clause (b) and the Central Government shall refer the scheme to the Council for its recommendations.

(b) The scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed.

(3) On receipt of a scheme by the Council under sub-Section (2) the Council may obtain such other particulars as may be considered necessary by it from the person or the medical college concerned, and thereafter, it may, -

a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or college concerned for making a written representation and it shall be open to such person or medical college to rectify the defects, if any, specified by the Council;

b) consider the scheme, having regard to the factors referred to in sub-Section (7), and submit the scheme together with its recommendations thereon to the Central Government.

(4) The Central Government may, after considering the scheme and the recommendations of the Council under sub-Section (3) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or college concerned, and having regard to the factors referred to in sub-Section (7), either approve (with such conditions, if any, as it may consider necessary) or disapprove the scheme and any such approval shall be a permission under sub-Section (1):

Provided that no scheme shall be disapproved by the Central Government except after giving the person or college concerned a reasonable opportunity of being heard:

Provided further that nothing in this sub Section shall prevent any person or medical college whose scheme has not been approved by the Central Government to submit a fresh scheme and th

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2012 Supreme(SC) 432

IMPORTANT POINT Recognition and permission – distinction.

Cases Referred (9)

IMPORTANT POINT
Recognition and permission – distinction.