LexMEDICAL COUNCIL OF INDIA versus RAMA MEDICAL COLLEGE HOSPITAL & RESEARCH CENTRE, KANPUR & ANR.
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[2012] 6 S.C.R. 449 MEDICAL COUNCIL OF INDIA v. RAMA MEDICAL COLLEGE HOSPITAL & RESEARCH CENTRE, KANPUR & ANR. (Civil Appeal No. 4911 of 2012 etc.) JULY 4, 2012 [ALTAMAS KABIR AND J. CHELAMESWAR, JJ.] IND/AN MEDICAL COUNCIL ACT, 1956: ss. 10A, 108(3) and 11 read with Regulations of 1999 and Regulations of 2000 - MBBS Course - Increase in admission capacity - Held: In view of sub-s. (3) of s. 10-8, where any medical college increases its admission capacity A B c in (;'lny course of study or training, except with the previous 0 permission of the Central Government in accordance with the provisions of s. 1 OA, no medical qualification granted to any student of such medical college on the basis of the increase in its admission capacity, shall be a recognised medical qualification for the purposes of the Act - s. 1 OA speaks of E . permission and not recognition on a year to year basis - Recognition follows once the newly-established medical colleges/institutions satisfac(ori/y complete five years with the graduation of the first batch of students admitted to the institution when initial permission is granted -It is the .Central Government which is empowered to grant recognition to a medical college or institution on the recommendation made F by the Medical Council of India - Single Judge and Division Bench of High Court erred in arriving at the finding that once permission had been granted u/s 10A of the Act, it would amount to grant of recognition and, thereafter, the medic(;'!/ G college/institution was free to enhance the number of seats without· the permission either of the Council or the Central Government - Judgments of Single Judge and Division Bench of High Court and the directions given to increase the 449 H 450 SUPREME COURT REPORTS [2012) 6 S.C.R. A number of seats from 100 to 150 in the MBBS course run by the Institutions concerned are set aside - Establishment of Medical College Regulations, 1999 - The Opening of a New or Higher Course of Study or Training (including Post- Graduate Course of Study or Training) and Increase of B Admission Capacity in any Course of Study or Training (including a Post-Graduate Course of Study or Training) Regulations, 2000. In the instant appeals and the writ petitions the question for consideration before the Court was: whether C the medical colleges/institutions were entitled to increase the number of seats without the prior permission of the Central Government? D Disposing of the matters, the Court HELD: 1.1 Section 10-A of the Indian Medical Council Act, 1956 provides that no person would be entitled to establish a Medical College except in the manner provided in the Section and that no medical college shall E open a new or higher course of study or training, including a post-graduate course of training, which would enable a student of such course or training to qualify himself for the award of recognised medical qualification, except with the previous permission of the Central Government. The said prohibition also extends to F the increase in admission capacity in any course of study or training, including post-graduate study or training, except with such previous permission of the Central Government. [para 4] [462-B-D] G 1.2 Sub-s. (3) of s.1 OB in no uncertain terms, provides that where any medical college increases its admission capacity in any course of study or training, except with the previous permission of the Central Government in accordance with the provisions of s. 10A, no medical H qualification granted to any student of such medical MEDICAL COUNCIL OF INDIA v. RAMA MEDICAL COLLEGE 451 HOSPITAL & RES. CENT., KANPUR college on the basis of· the increase in its admission A capacity, shall be a recognised medical qualification for the purposes of the Act. Thus, without the previous permission of the Central Government within the scheme, as prescribed u/s 10A, i.e., without the recommendation of the Medical Council, any degree granted would not be B recognised as a medical degree which would entitle such degree holder to function as a medical practitioner. [para 45] [484-G-H; 485-A-B] K. S. Bhoir Vs. State of Maharashtra & Ors. 2001 (5) C Suppl. SCR 593 = (2001) 10 SCC 264 - referred to. 1.3 Section 1 QA lays down the criteria for grant of permission for establishment of a new medical college and s.1 OB supplements the same by making it clear that even while increasing
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