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 cou