ROYAL MEDICAL TRUST(REGD)ANDANOTHER. versus UNION OF INDIA AND ANOTHER.

Citation: [2015] 8 S.C.R. 530 · Decided: 20-08-2015 · Supreme Court of India · Bench: ANIL R. DAVE · Disposal: Disposed off

Judgment (excerpt)

[2015) 8 S.C.R. 530 
A 
ROYALMEDICAL TRUST(REGD)ANDANOTHER. 
B 
c 
v. 
UNION OF INDIAANDANOTHER. 
(Writ Petition (Civil) No.705 Of2014) 
AUGUST 20, 2015 
[ANIL R. DAVE, VIKRAMAJIT SEN AND 
UDAY UMESH LALIT, JJ.] 
Education/Educational Institutions - Denial of approval 
by Central Government (by order dated 15. 7.2014) (1) to new 
medical colleges seeking permission to admit students to 
the first year of MBBS course; (2) to increase in intake o; 
o seats in first year MBBS course to the already approved 
colleges; and (3) to renewal of permission - For the academic 
session 2014-15 - In view that the Medical Council of India 
(MCI) was not able to verify/assess the .compliance report of 
the colleges - Writ petitions by Medical Colleges - Before 
E Supreme Court as well as High Courts - Challenging the 
orders denying approval - Plea of MCI that verification of 
the compliance report could not be undertaken as it was 
impermissible to undertake. any inspection after 15th June 
in view of the decision in *Priya Gupta case - In some 
F petitions High Court directed the Central Government and 
MCI to undertake fresh inspection, against which MCI has 
come in appeal - In some petitions High Court refused to 
grant interim relief, against which applicants have come in 
appeal - Disposing of the writ petitions and appeals, Held: 
G Before taking any adverse decision as regards scheme u/ 
s. 1 OA of the Medical Council Act, the applicant must be 
afforded reasonable opportunity - Such opportunity is 
required to be granted not only at tl1e initial stage (for 
H 
530 
ROYAL MEDICAL TRUST (REGO) v. UNION OF INDIA 
531 
establishment of new college) but also in case of subsequent· A 
renewal - The timely assessment is integral to the scheme 
- MCI and Central Government are obliged to conduct 
renewal inspection every year so as to ensure that 
establishment and expansion of hospital facilities are 
completed in time as per the scheme - The schedule under B 
the Regulations, therefore, is required to accommodate and 
provide for adequate time limits for stage-wise consideration 
- The schedule as amended by notification dated 21.09.2012 
does not provide for stage-wise consideration, while the draft 
schedules submitted by the MCI do make provisions for the C 
same - Hence, the schedule provided by MCI is directed to 
be given statutory status - Central Government was expected 
to exercise its power under the Note to the Schedule of 
Regulations to modify the time limits in the scheduie, subject 0 
to observation of deadline for admission i.e. 30th September 
- Since the de1:1d!ine foiadmission is over, the cases where 
e~rmissions were sought for establishment of new colleges 
---~-- -or for increase in intake capacity, no relief can be granted to. 
- However, in the cases of the applicants seeking renewal of E 
permission, interim order (to the effect that they were granted 
permission to give fresh admission in first year of MBBS 
subject to their undertaking that there was no deficiency) is 
made absolute - Medical Council Act, 1956 - s.10A(7) -
Establishment of the Medical College Regulations, 1999 -
F 
Para 8, Schedule (as modified by the Notifications dated 28-
8-2009 and 21-9-2012)- Principle of Natural Justice. 
Establishment of New Medical College Regulations, 
1999 - Schedule - Modification of- Permissibility- Held: G 
Though in *Priya Gupta case, the schedule was require<:J to 
be observed strictly and scrupulously, but in view of the 
amendment of the Regulations thereafter, (incorporating a 
Note empowering the Central Government to modify the 
stages and time limits in the Schedule), the Central H 
532 
SUPREME COURT REPORTS 
(2015) 8 S.C.R. 
A 
Government is statutorily empowered to modify the schedule, 
subject to observation of deadline for admission to the MBBS 
course (i.e. 30th September). 
Disposing of the appeals and the writ petitions, the 
B Court. 
HELD : 1. While considering the Scheme uls. 1 OA of 
the Medical Council Act, the Medical Council of India (MCI) 
and the Central Government are required to have due 
regard to the factors referred to in sub-section (7) thereof. 
C If the initial Scheme itself is found to be defective or is to 
be disapproved, sub-section (3)(a) and proviso to sub-
section (4) of Section 1 OA oblige the Medical Council of 
India and the Central Government respectively to grant 
0 to the appHc;mt reasonable opportunity to rectify the 
defects and of being heard. The Statute 

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