MEDICAL COUNCIL OF INDIA versus RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND ORS.

Citation: [2004] 3 S.C.R. 1119 · Decided: 12-04-2004 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Disposed off

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

MEDICAL COUNCIL OF INDIA 
v. 
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND ORS. 
APRIL 12, 2004 
[S. RAJENDRA BABU, DR. AR. LAKSHMANAN AND 
G.P. MATHUR, JJ.] 
Higher Education: 
A 
B 
Medical college-Permission to start-Delay in granting of-MBB.S seats C 
of medical college were riot included in the seat matrix due to delay in granting 
of permission-High Court, by an interim order, directed Central Government 
·to include the seats of the medical college in the seat matrix subject to the 
condition that the students should not claim equities in the event of the 
Government declining to grant permission-Correctness of-Held: Interim D 
orders should not be granted as a matter of course-High Courts should b.e 
very cautious in the matter of issuing interim orders especially when such 
permission is subject to the Medical Council Act-When for the earlier academic 
year itself permission was not granted High Court should not have issued 
interim order directing admission of students-High Court should not grant 
permission to the college year after year and instead direct Medical Council E 
to take prompt action in the matter of grant of permission-Medical Council 
Act, 1956, S. JO-A. 
Respondent No. 1 had established a Medical college and hospital. The 
college was granted permission as provided under Section 10-A of the 
• ) 
Medical Council Act, 1956 and also renewed from time to time. However, F 
the permission was not renewed in time for the academic year 2002-03 as 
a result of which MBBS seats of the college were not included in the seat 
matrix. 
Being aggrieved the respondents filed a writ petition before the High G 
Court. The High Court, by an interim order, directed the Central 
Government to include the seats of the respondent's institution in the seat 
matrix and to allocate the same to the deserving students in accordance 
with the rules subject to the condition that the students should not claim 
equities in the event the Central Government declined to grant permission. 
1119 
H 
1120 
SUPREME COURT REPORTS 
(2004) 3 S.C.R. 
A Hence the appeal by Special Leave. 
Disposing of the SLPs, the Court 
HELD: I. Interim order should not be granted as a matter of course, 
particularly in relation to matters where standards of institutions are 
B involved and the permission to be granted to such institutions is subject 
to certain provisions of law and regulations applicable to the same, unless 
the same are complied with. Even ifthe High Court gives certain directions 
in relation to consideration of the applications filed by the concerned 
educational institutions for grant of permission or manner in which the 
C same should be processed should not form a basis to direct the admission 
of students in these institutions which are yet to get approval from the 
concerned authorities or permission has not been granted by the Council. 
11125-C-DI 
D 
Union of India v. Era Educational Trust, 120001 5 SCC 57, relied on. 
2. Section IO-A of the Medical Council Act, 1956 which provides for 
terms and conditions to be fulfilled before starting or establishing a 
medical college or starting higher courses making it clear that what is 
postulated thereunder is evaluation of application made by the institution 
concerned, by the Central Government in the first instance and then 
E forwarding the same to the Medical Council of India for its further 
examination. There are various steps envisaged under the Scheme such 
as (a) issuance of letter of recommendation of the Council; (b) issuance 
of letter of permission by the Central Government on the recommendation 
of the Council for starting admissions; (c) issuance of annual renewal to 
be granted by the Central Government on the recommendation of the 
F Council; (d) at the stage of lst batch of students admitted in MBBS course 
go for final year examination, grant of formal recognition by the Central 
Government on the recommendation of the Council; (e) if at any stage 
after the grant of initial permission entitling permission of 1st batch of 
students any college fails to fulfill the minimum norms in any successive 
G year, as per the statutory regulations, further admissions are liable to be 
stopped at any stage. 11128-C-FI 
3. In the normal circumstances, the High Court ought not to issue 
an interim order when for the earlier year itself permission had not been 
granted by the Council. Indeed, by grant of such interim orders students 
H who have been admitted in Stich i

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