Facts

1. Section 10A of the Indian Medical Council Act, 1956 (hereinafter referred to as “the IMC Act”), deals with grant of permission for establishment of a new medical college or a new course of study, and reads thus:

“10. A 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: –

(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 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 inc