SREE BALAJI MEDICAL COLLEGE AND HOSPITAL AND ANOTHER versus UNION OF INDIA AND ANOTHER

Citation: [2015] 7 S.C.R. 566 · Decided: 06-08-2015 · Supreme Court of India · Bench: ANIL R. DAVE · Disposal: Case Allowed
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Judgment (excerpt)

[2015] 7 S.C.R. 566 
A 
SREE BALAJI MEDICALCOLLEGEAND HOSPITAL 
B 
c 
AND ANOTHER 
v. 
UNION OF INDIAANDANOTHER 
(Writ Petition (civil) No. 306 of 2015) 
AUGUST 6, 2015 
[ANIL R. DAVE AND KURIAN JOSEPH, JJ.] 
Education/Educational Institutions: 
Medical College - Admission capacity - Increase in 
- Whether needs recognition under Medical Council Act, 
0 
1956 - Held: Under the scheme of the Act, recognition is 
for the course and institution and for admission capacity 
only permission u!s. 1 OA is required - The Act does not 
provide for recognition of the admission capacity in a 
recognized college for a recognized course -
The 
E Regulations also do not contemplate such requirement -
Therefore, in the present case, denial of increase in 
admission capacity on the ground that existing capacity 
was not recognized, is without any legal basis - Medical 
Council Act, 1956 - ss. 11 and 10A - The Opening of a 
F New or Higher Course or Study or Training (Including a 
Post-Graduate Course of Study or Training) and Increase 
of Admission Capacity in any Course or Study or Training 
(Including a Post-Graduate Course of Study or Training) 
G 
H 
Regulations; 2000. 
Constitution of India, 1950 - Att. 32 - Writ petition 
challenging order of Medical Council denying increase in 
admission capacity of medical college - Maintainability of 
566 
SREE BALAJI MEDICALCOLLEGEAND HOSPITAL v. 567 
UNION OF INDIA 
- Held: In view of the fact that in previous litigation A 
between the parties, the Supreme Court had directed the 
Medical Council to take decision on the basis of the 
inspection report whereby the petitioner-College was found 
to satisfy all the requirements for the increase claimed, 
only Supreme Court could have entertained the petitioner B 
- Moreover, the case does not involve disputed questions 
of fact - Hence, the petition was maintainable. 
Allowing the writ petition, the Court 
HELD: 1.1 Recognition and permission are two 
different concepts. Under the scheme of the Act, 
permission is for the admission capacity and 
recognition is for the course and the institution. Once 
c 
a course and an institution is notified in the First o 
Schedule as per Section 11 of the Medical Council Act 
as a recognized course and a recognized institution, 
the admission capacity or its increase in any recognized 
course needs only the permission of the Central 
Government as per the scheme under Section 10A o.f E 
the Act. But there are three Exceptions to this, a~ 
provided under Section 108 of the Act. The third 
Exception is in respect of student (s) admitted in excess 
of the admission capacity provided under Section 10A 
of the Act by the Central Government. [Paras 5, 8, 9 and F 
11) [572-F; 573-G; 575-A-B] 
1.2 In the present case, in previous litigation for 
increase of admission capacity from 150 to 250, this 
Court directed to consider the application for increase G 
after completing the inspection of the petitioner-institute. 
Further, on the b~sis of the inspection report that the 
institute satisfied all the requirements for increase of 
admission capacity from 150 to 250, directed the Medical 
Council to take appropriate decision on the basis of the H 
568 
SUPREME COURT REPORTS 
[2015] 7 S.C.R. 
A Report. Despite all these developments, the Medical 
Council of India, in its Meeting held on 20.11.2014, 
decided that since the petitioner-College was not 
recognized for 150 admissions, it is not eligible for 
further increase from 150 to 250 as per the earlier 
B decision dated 14.03.2014. (Paras 14, 15 and 16] (576-
F; 578-C] 
1.3 The Act does not provide for recognition of the 
admission capacity in a recognized medical college for 
C a recognized course. The regulations, "The Opening of 
a New or Higher Course of Study or Training (including 
Post-graduate Course of Study or Training) and 
Increase of Admission Capacity in any Course or Study 
or Training (including a Post-graduate Course of Study 
o or Training) Regulations, 2000", also do not 
contemplate such a requirement. Therefore, there is no 
legal basis for the decision dated 14.03.2014, whereby 
decision was taken by the Committee not to increase 
the strength in any medical college unless the existing 
E strength is recognized by the Central Government. 
Therefore, there is no justification whatsoever in 
denying relief to the petitioner. [Paras 17 and 19] (578-
D-G; 579-A] 
F 
1.4 The respondents are directed to process and 
consider afresh the application fo
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