ROHILKHAND MEDICAL COLLEGE & HOSPITAL, BAREILLY versus MEDICAL COUNCIL OF INDIA & ANOTHER

Citation: [2013] 9 S.C.R. 692 · Decided: 06-09-2013 · Supreme Court of India · Bench: K.S. RADHAKRISHNAN · Disposal: Dismissed
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Judgment (excerpt)

[2013] 9 S.C.R. 692 
A 
ROHILKHAND MEDICAL COLLEGE & HOSPITAL, 
BAREILLY 
v. 
MEDICAL COUNCIL OF INDIA & ANOTHER 
(Writ Petition (Civil) No. 585 of 2012 
B 
SEPTEMBER 06, 2013 
c 
[K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] 
Medical Colleges Regulation (Amendment 2010 Part//): 
Clause 8(3)(1)(d) - Revocation of permission/recognition 
for award of MBBS degree - Approval for renewal of 
permission to Medical College for increased intake from 100 
to 150 seats for academic year 2013-2014 - Revoked by MCI 
0 
on receipt of information from CBI with _regard to conspiracy 
between the Chairman of the Medicai College on the one 
hand and public functionaries of Union Ministry and 
Government Hospital on the other, which Jed to issuance of 
order passed for additional intake of students for academic 
year 2008-2009 - Held: CBI, in its charge-sheet, pointed out 
E serious infirmities in the report submitted by the inspection 
team constituted by the Union Ministry- CBI investigation has 
revealed that fraud was practiced by the Central team as well 
as the college to get the sanction for the 3rd batch of MBBS 
students for the academic year 2008-09 - That was sufficient 
F for the MCI to take action, and revoke the Jetter of permission 
granted for academic year 2013-14 - The decision of MCI is 
in accordance with Regulations 8(3)(1)(d) -
Minimum 
Standard Requirements for the Medical College for 100 
Admissions Annually Regulations, 1999. 
G 
H 
Indian Medical Council Act, 1956: 
ss. 10A and 19A -
s. 10A, mandates that when a new 
medical college is to be established or the number of seats 
692 
ROHILKHAND MED. COLLEGE & HOSP., BAREILLY v. 
693 
MEDICAL COUNCIL OF INDIA 
to be increased, the permission of Central Government is a 
A 
pre-requisite -
s. 19A obliges MCI to prescribe minimum 
required standards for medical education and the 
recommendations made by MCI to Central Government carry 
considerable weight -
In the instant case, MCI constantly on 
all the occasions, recommended to Central Government not 
B 
to renew permission for admission of the third batch for the 
academic year 2008-09, but in spite of the same, a Central 
Team was appointed, a favourable report was got and 
permission was accorded by Central Government for the year 
2008-09, which was the subject matter of CBI investigation. 
c 
Education/Educational Institutions: 
Admission to medical courses -
Court took notice with 
concern, of unprecedented growth of Technical and Medical 
Institutions in the country which has resulted in widespread 
D 
prevalence of various unethical practices and emphasized 
that there is extreme necessity of a Parliamentary Legislation 
for curbing these unfair practices - Legislation - Judicial 
notice - Constitution of India, 1950 - Art. 21. 
The petitioner-Medical College and Hospital was 
established in the year 2005. It started the first M.B.B.S. 
course during the year 2006-07 with an annual intake of 
100 seats for which permission was granted by the 
Central Government uls 10A of the Indian Medical Council 
Act, 1956. The Medical Council of India (MCI) granted 
recognition to the College to award M.B.B.S. Degree by 
E 
F 
the University concerned. The College later submitted an 
application to the MCI for extension of renewal of 
permission for admission of 3rd batch of 100 seats of 
M.B.B.S. for the academic year 2008-09. The MCI after G 
getting inspections of the College conducted, and on 
receipt of reports of the inspection teams and compliance 
reports submitted by the College, intimated the Central 
Government by letters dated 16.04.2008, 14.6.2008 and 
H 
694 
SUPREME COURT REPORTS 
[2013] 9 S.C.R. 
A 4.9.2008 not to renew the permission for admission of the 
3rd batch of students for the academic session 2008-09. 
The Central Government on receipt of report of the 
inspection team constituted by it, also asked the College 
on 27.7.2008 not to admit any fresh batch of MBBS 
B students for the academic year 2008-09. However, on 
12.9.2008, the College requested the Central Government 
to accord permission for 50 students of MBBS for the 
academic session 2008-09. Thereupon the Union Ministry 
constituted another team of two doctors, who conducted 
c inspection of the College on 25.9.2009 and on the basis 
of its report, the Central Government issued the letter 
dated 26.9.2008 according sanction for renewal of 
permission for admission of 3rd batch of 100 students for 
the academic year 2008-09. 
D 
The MCI, b
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