PADMASHREE DR. D.Y. PATIL MEDICAL COLLEGE versus MEDICAL COUNCIL OF INDIA & ANR.

Citation: [2015] 9 S.C.R. 686 · Decided: 31-08-2015 · Supreme Court of India · Bench: M.Y. EQBAL · Disposal: Dismissed
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Judgment (excerpt)

[2015] 9 S.C.R. 686 
A 
PADMASHREE DR. D.Y. PATIL MEDICAL COLLEGE 
B 
v. 
MEDICAL COUNCIL OF INDIA&ANR. 
(Special Leave Petition (C) No.15043 of 2015) 
AUGUST 31,2015. 
[M.Y. EQBALANDARUN MISHRA, JJ.] 
Education/Educational Institutions: 
Medical College -Application for permission of Central 
C Government for increase of seats for MBBS course - For 
the academic session 2015-16 -
'Essentiality Certificate' 
which was required to be filed with the application, filed after 
due date-Application rejected on the ground that Essentiality 
D Certificate was not filed alongwith the application - Request 
of applicant for condonation of delay in filing the certificate -
rejected- Writ petition of applicant allovyed by Single Judge 
of High Court - In LPA, Division Bench bf High Court set 
aside the order of Single Judge - On appeal, held: The 
E statutory time schedule, as provided under 1999 
Regulations, is required to be strictly observed -
The 
Schedule has a purpose of bringing uniformity of 
commencement of academic session at the same time -All 
the dates fixed in the time schedule are already over for the 
F ongoing academic session 2015-16 - In the case of the 
applicant the inspection is yet to be made - There are various 
stages which are time consuming - It is the applicant who is 
to be blamed for the delay having submitted incomplete 
appl~cation - Therefore, it would not be appropriate to issue 
G any direction for considering the applicant's case for the 
academic session 2015-16- It is directed that the application 
shall be considered for the next academic session 2016-17 
- Medical Council Act, 1956 - s. 1 OA - The Opening of a 
New or Higher Course of Study or Training (including Post-
. H Graduate Course of Study or Training) and Increase of 
686 
PADMASHREE DR. D.Y. PATIL MEDICAL COLLEGE v. 
687 
MEDICAL COUNCIL OF INDIA 
Admission Capacity in Any Course of Study or Training A 
(Including a Postgraduate Course of Study or Training) 
Regulations, 2000- Regulations 1, 3, 4 and 6; Appendix-
Establishment of Medical College Regulations, 1999 ( as 
amended in 2012). 
Dismissing the petition, the Court 
HELD: 1. The Appendix to Format of application for 
permission of the Central Government to increase the 
B 
·admission capacity in medical colleges/institutions, 
makes it clear that an attested copy of essentiality C 
certificate is required to be enclosed with the application 
form, so as to make it complete. It is also apparent from 
Regulation 6 that the time schedule included in the 
Establishment of New Medical College Regulations, 1999 
is applicable for increase in the intake capacity also. D 
[Para 6] [699-E-F] 
2. As per the Schedule, the application is required 
to be submitted to the Central Government from 1•1 to 
31"1 August and thereafter the applications, which are in E 
order, are to be forwarded by the Central Government to 
the MCI, 
and the MCI, in turn, is required to send its 
recommendations and the Central Government has to 
issue a Letter of Intent by 301h of April next year. The 
applicant has to send reply to the Central Government F 
by 31"1 May. For issue of letter of permission by the 
Council last date was 15.6.2015. There are various 
stages which are time-consuming and the schedule has 
a purpose of bringing uniformity of commencement of 
academic session at the same time. [Paras 7 and 14] G 
[701-C-E; 716-E] 
3. In the instant case, the application was admittedly 
incomplete, when it was filed, as the essentiality 
certificate issued by the Government of Maharashtra was H 
not enclosed along with the application form ,due to 
688 
SUPREME COURT REPORTS 
[2015] 9 S.C.R. 
A which application came to be rejected and delay has 
taken place for which the petitioner has to blame itself. 
[Para 15] [716-F-G] 
4. The time schedule is required to be strictly 
B observed. Hence, it would not be appropriate to issue 
any direction for consideration of petitioner's case for 
the ongoing academic session 2015-16, in which 
inspection is yet to be made. It is too late in the day to 
direct inspection for the session 2015-16 as all the dates 
C fixed in the time schedule are over, and fixation of time 
schedule has a purpose behind it and from a particular 
date the session has to commence and part of seats to 
be filled by a competitive examination held on all-India 
basis. Any relaxation in the time schedule would make 
D holding of examinations on an all India basis a farce and 
several
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