P.C. KESAVAN KUTTYNAYAR ETC. ETC versus HARSH BHALLA AND ORS.

Citation: [2003] SUPP. 3 S.C.R. 1067 · Decided: 23-09-2003 · Supreme Court of India · Bench: M.B. SHAH
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Judgment (excerpt)

P.C. KESA VAN KUTTYNA YAR ETC. ETC .. 
v. 
HA~ 
BHALLA AND ORS. 
SEPTEMBER 23, 2003 
[M.B. SHAH AND ASHOK BHAN, JJ.] 
Indian Medical Council Act, 1956: 
Ss. 10-A and 10-B-Medical Colleges-Admissions to-Central 
Government granting permission to increase strength of students or renewal 
A 
B 
of permission to certain Medical Colleges-I.As. filed in pending appeals C 
before Supreme Court seeking relief on the ground that Central Government 
granted permission in violation of provisions of the Act and Regulations 
framed by Medical Council of India-Ad-hoc Committee appointed by 
Supreme Court to work in cooperation with Executive Committee of the 
Council-Held, prima facie, it cannot be said that Central Government has 
power to issue such permission when the College is not complying with the D 
requirements of the regulations framed by the Medical Council of India or 
the requirements of the Act-As regards the permission already granted, 
since the respective Colleges might have given admission on the basis of the 
so called increase in the strength/renewal of permission, the Medical Council 
of India would carry out further inspection to find out whether there is E 
compliance of the requirement of the Act and the Rules in all the Colleges 
where increase of strength/renewal of permission for a college is permitted 
by Central Government by its various orders issued in August, 2003-
Meanwhile, the Central Government is directed not to grant any further 
permission without following the procedure prescribed under ss. IOA(i), 
~~~~. 
F 
A.P. Christians Medical Educational Society v. Government of A.P., 
(1986) 2 SCC 667; State of Punjab v. Renuka Sing/a, (1994) 1SCC175; 
Medical Council of India v. State of Karnataka, (1998] 6 SCC 13 land K.S. 
Bhoir v. State of Maharashtra & Ors., [2001) IO SCC 264, referred to. 
Medical Council of India: 
Code of Ethics-Directions given to Medical Council of India to take 
appropriate steps for inclusion in the Code of Ethics of similar provisions, 
G 
as indicated in the order, for deciding complaint against a delinquent 
physician and provision for appeal against decision of State Medical Council. H 
1063 
1064 
SUPREME COURT REPORTS (2003] SUPP. 3 S.C.R. 
A 
CIVIL APPELLATE JURISDICTION : I.A. Nos. 5-6 and 7-14. 
IN 
Civil Appeal Nos. 599-600 of 2002. 
B 
From the Judgment and Order dated 23.11.2001 of the Delhi High 
c 
Court in L.P.A. Nos. 299 and 301 of 200 I. 
WITH 
W.P. (C) No. 317 of 2000. 
Soli J. Sorabjee, Attorney General, Raju Ramachandran, Additional 
Solicitor General, Harish N. Salve (A.C.). K.K. Venugopal, M.N. 
Krishnamani, Madan Bhatia, Rakesh Dwivedi, Manish, Singhvi, Prateek 
Jalan, Amit Mahajan, D.S. Mahra, A. Mariarputham, Ms. Aruna Mathur, 
D Maninder Singh, Ms. Pratibha, M. Singh, Angad Mirdha, Ankur Talwar, 
Annam, D.N. Rao, Avik Dutta, Santanu Ghosh, V.K. Monga, Nageshwar 
Pandey, Anup Sinha, Pramod Dayal, Raju Subramaniam, Ms. Jayamala 
Godbole, Sanand Ramakrishnan, Ms. Sweety Manchanda, P.IJ. Parekh, 
Ms. Indu Malhotra, Ms. J.S. Wad, G.S. Chatterjee, Raja Chatterjee, I. 
Nageswara Rao, Rajeev Sharma, Pawan, Ms. Sunita Sharma, Ms. Rekha 
E Pandey, Ms. Krishna Sarma, V.K. Siddharthan, Anil Srivastava, Jyoti Dutt, 
Ms. Sunita, R. Singh, B.B. Singh, Ms. Kamini Jaiswal, Ms. Shomila . 
Bakshi, Ms. Geetanjali Mohan, Prakash Shrivastava, Ms. A. Subhashini, 
Ms. Monika Bapna, J.S. Attri, Anis Suhrawardy, B.S. Banthia, W.A. 
Nomani, Ravindra, K. Adsure for Mukesh K. Giri, K.H. Nobin Singh, M. 
F Gireesh Kumar, Ranjan Mukherjee, Ms. Sumita Hazarika, U. Hazarika, 
Kamal Shankar, Ms. Sunita Sharma, D.N. Ray, J.R. Das, Ms. Swetaketa 
Mishra, Gourang Biswal, Ms. Moushumi Gahlot, Ms. Naresh Bakshi, R.S. 
Suri, V.G. Pragasam, Anurag, D. Mathur, P.N. Ramalingam, V. Balaji, 
Gopal Singh, Sandeep Singh, Ashok K. Srivastava, Ms. Rachna Srivastava, 
G Rohit Singh, Tara Chandra Sharma, Ms. Neelam Sharma, Fiaz Maqbool, 
Dinesh Kumar Garg, Yakesh Anand, Sanjeev Anand, S. Srinivasan, M.B. 
Rama Subba Raju, Ms. S. Sunita, V. Sudeer, Ms. Ruby Singh Ahuja, Badri 
Prasad Singh, Udai Umesh Lalit, Sushi! Kumar Jain, D.N. Ray, Ms. Sumita 
Ray, S.N. Bhat, Vipul Maheshwari, P.K. Chakravarti, D. Stephen K. 
H Yanthan and Ms. Hemantika Wahi for the appearing parties. 
... 
..... 
P.C. KUTTYNA Y AR v. HARISH BHALLA 
1065 
The folllowing Order of the Court was delivered : 
A 
Heard the learned Amicus Curiae and the counsel for the parties . 
In pending Appeals learned Amicus Curiae is required
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