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SUPREME COURT OF INDIA
ANIL R. DAVE, KURIAN JOSEPH, JJ.
Sree Balaji Medical and another College and Hospital – Petitioner
Versus
Union of India and another – Respondents
WRIT PETITION (CIVIL) NO. 306 OF 2015
Decided On : 06-08-2015
(b) Indian Medical Council Act, 1956 – Section 10A and 11 – A medical course and institution notified in First Schedule of section 11 – Admission capacity or its increase needs only permission of Central Government. (Para 11)
(c) Indian Medical Council Act, 1956 – Section 10A and 11 – MCA taking decision that because the institution is not recognised for 150 admissions, it is not eligible for further increase in capacity to 250 – Act not providing for recognition of the admission capacity in a recognized medical college for a recognized course – No legal basis for such decision – On the other hand, two medical institutions granted permission to increase admission capacity without recognition of the existing capacity – Decision discriminatory – Not sustainable. (Para 17, 18, 19)
(d) Constitution of India – Article 32 – Objection to entertaining present petition on ground that Supreme Court cannot go into question of facts – Repelled on two accounts – First only Supreme Court could decide the controversy – Second, there are no disputed questions of fact. (Para 20)
Facts of the case:
Once a medical qualification granted by a medical institution in India is recognized by the Central Government, whether recognition is also required for the admission capacity which is increased from time to time or whether permission of the Central Government alone is required for such an increase in the admission capacity in the recognized course, is the question of law arising for consideration in this case.
Finding of the Court:
Decision of the MCA is not tenable.
Result: Writ petition allowed.
JUDGMENT
KURIAN, J.:
1. The Indian Medical Council Act, 1956 (hereinafter referred to as “the Act” specifically provides for recognition of medical qualification granted by universities or medical institutions either in India or abroad. Once a medical qualification granted by a medical institution in India is recognized by the Central Government, whether recognition is also required for the admission capacity which is increased from time to time or whether permission of the Central Government alone is required for such an increase in the admission capacity in the recognized course, is the question of law arising for consideration in this case.
2. Recognition of medical qualification granted by universities or medical institutions in India is dealt with under Section 11 of the Act. The provision reads as follows:
“11. Recognition of medical qualifications granted by Universities of medical institutions of India.-(1) The medical qualifications granted by any University or medical institution in India which are included in the First Schedule shall be recognized medical qualifications for the purposes of this Act.
(2) Any University or medical institution in India which grants a medical qualification not included in the First Schedule may apply to the Central Government to have such qualification recognized, and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such medical qualification declaring that it shall be a recognised medical qualification only when granted after a specified date.”
3. Section 10A of the Act deals with the permission for establishment of new medical college, new course of study and admission capacity. To the extent relevant, Section 10A(1) of the Act reads as follows:
“10A. PERMISSION FOR ESTABLISHMENT OF NEW MEDICAL COLLEGE, NEW COURSE OF STUDY ETC.
1. Notwithstanding anything contained in this Act or any other law for the time being in force:-
1. no person shall establish a medical college; ( or )
2. no medical college shall-
(i). open a new or higher course of study or training (including a postgraduate 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 postgraduate 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 postgraduate 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.”
4. Section 10B of the Act deals with the non-recognition of the medical qualifications in certain cases. The provision reads as follows:
“10B. Non-recognition of medical qualifications in certain cases.-(1) Where any medical college is established except with the previous permission of the Central Government in accordance with the provisions of section 10A, no medical qualification granted to any student of such medical college shall a recognised medical qualification for the purposes of this Act.
(2) Where any medical college opens a new or higher course of study or training (including a postgraduate course of study or training) except with the previous permission of the Central Government in accorda
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