LexDR. B. R. AMBEDKAR MEDICAL COLLEGE & OTHERS versus UNION OF INDIA & ANOTHER
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2013) 9 S.C.R. 503 DR. B. R. AMBEDKAR MEDICAL COLLEGE & OTHERS v. UNION OF INDIA & ANOTHER (Writ Petition (Civil) No. 580 of 2013 etc.) SEPTEMBER 18, 2013 [K. S. RADHAKRISHNAN AND A. K. SIKRI, JJ.] Enhancement of Annual Intake Capacity in Undergraduate Courses in Medical College for the Academic A B Session 2013-14 only Regulations 2013: c Medical admissions - Enhancement of annual intake capacity in undergraduate medical courses - Corrigendum Notification issued by Central Government confining benefits of Regulations, 2013 to Government Colleges only - Held: The Corrigendum is not violative of Art. 14 - In a given case, D Central Government, in exercise of power confe"ed on it by virtue of Establishment of Medical College Regulations (Amendment), 2012, for reasons to be recorded in writing, can modify the time schedule in respect of any of five classes or categories of applicants mentioned in Regulation 1999 - E Central Government has power to modify the time schedule to Government Medical Colleges alone, out of the five categories -The corrigendum extending the last date was made applicable only to Government medical colleges recording the reason that the time would be very short so as F to process the applications by MCI received from non- government medical colleges - Therefore, it cannot be said that the decision taken by Central Government is perverse, arbitrary or unreasonable, so as to strike down the corrigendum, under the extra-ordinary jurisdiction of the Court G under Art. 32 of the Constitution - Establishment of Medical College Regulations, 1999 - Establishment of Medical College Regulations (Amendment), 2012 - Constitution of India, 1950 - Art. 14 read with Art. 32 503 H • 504 SUPREME COURT REPORTS [2013] 9 S.C.R. A The petitioners-Private unaided Medical Colleges challenged the corrigendum Notification No. 37(1) 2013/ One Time Permission/Med./1935, in so far as it confined the benefits of the "Enhancement of Annual Intake Capacity in Undergraduate Courses in Medical College 8 for the Academic Session 2013-14 only Regulations 2013" ( "Regulations 2013"), to the Government Medical C_olleges only, as ultra vires Art. 14 of the Constitution of India, 1950. c Dismissing the writ petition, the Court HELD: 1.1 There is imperative need to follow the time limit fixed by this Court in the matter of admission to MBBS/BDS courses in Mridul Dhar* which was done in the interest of student-community, for admission to the Post Graduate and Super Speciality courses. Timely D admission of students to these courses is of utmost importance so that the students would get quality and timely education. In Mridul Dhar, this Court clearly indicated that the time schedule for establishment of new college or to increase intake in existing college shall be E adhered to strictly by all concerned, failing which defaulting party would be liable to be personally proceeded with. In Priya Gupta, this Court while reiterating the necessity to follow the time limit fixed by this Court, went even to the extent that failure to conform F with the time limit fixed by this Court shall be liable for action under the provisions of the Contempt of Courts Act, 1971 read with Art. 129 of the Constitution of India. [para 7-8] [510-C-G] *Mridul Dhar (Minor) and Another v. Union of India and G Others 2005 (1) SCR 380 = (2005) 2 SCC 65; Priya Gupta v. State of Chhattisgarh and Others 2012 (5) SCR 768 = (2012) 7 sec 433 - relied on. 1.2. The object of the Regulations 2013 was to H enhance the intake capacity in the existing medical DR. B. R. AMBEDKAR MEDICAL COLLEGE v. 505 UNION OF INDIA colleges so as to augment human resources in medicine A for attaining optimum Doctor-Population ratio in the Nation, without compromising the prescribed minimum standards of medical education. Regulation 3 deals with the eligibility to make an application. Regulation 4 deals with the procedure to make application. The time- B schedule for receipt of application for enhancement of annual intake capacity in under-graduate courses, is provided in Schedule II appended to the Regulations. [para 9-1 O] [511-B-C; 512-C] 2.1. MCI, in the counter affidavit, stated that the c notification dated 8. 7 .2013 containing the Regulations, 2013 was received by the Council Offi.ce only on 16.7.2013. By that time, the last date fixed for receipt of application by the Board of Governors w
Excerpt shown. Read the full judgment & AI analysis in Lexace.