UNION OF INDIA AND ORS. versus ALL INDIA CHILDREN CARE AND EDUCATIONAL DEVELOPMENT SOCIETY, AZAMGARH AND ANR.

Citation: [2002] 2 S.C.R. 363 · Decided: 11-03-2002 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Appeal(s) allowed
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Judgment (excerpt)

UNION OF INDIA AND ORS. 
v. 
ALL INDIA CHILDREN CARE AND EDUCATIONAL 
DEVELOPMENT SOCIETY, AZAMGARH AND ANR. 
MARCH 11, 2002 
[S. RAJENDRA BABU AND RUMA PAL, JJ.) 
Education: 
A 
B 
Indian Medical Council Act, 1956-Section JOA-Establishment of new C 
Medical College-Permission /or-Fulfilment of conditions to seek benefit of 
deemed approval by Central Government-Applicant-society submitted scheme 
under the Act to the Central Government for establishment of Medical Col/ege-
Also submitted application under the Act-However, failed to fulfil the 
requirement of owning and managing 300 bedded hospital, and also sufficient D 
staff and clinical facilities-Held, since there was failure of statutory and 
mandatory pre-conditions required under the Act there is no deemed approval 
by the Central Government. 
• 
Respondent-society submitted a scheme under the Indian Medical 
Council Act, 1956 regarding establishment of Medical College to Central E 
Government for approval. Respondent-society then filed a writ petition 
seeking direction of non-interference of Medical Council of India with the 
peaceful establishment and running of a Medical College. High Court holding 
that there is a deemed approval of the scheme submitted by the respondent 
by the Central Government, allowed the petition. Hence the present appeal 
F 
Allowing the appea~ the Court 
HELD: 1.1. It is evident from a perusal of the scheme contained in 
Section IOA of the Indian Medical Council Act, 1956 that an application 
submitted for establishment of a Medicai College in full compliance with the 
statutory and mandatory pre-conditions laid down under Section JOA of the G 
Act alone would be entitled to the benefit of deemed approval by the Central 
Government. (366-F] 
1.2. In the instant case, respondent-society had to fulfil the requirement 
of owning and managing 300 beds hospital The respondent has not till date 
· fulfilled all the requirements, which it is under an obligation to fulfil on the H 
363 
364 
SUPREME COURT REPORTS 
[2002) 2 S.C.R. 
A date of making of the application under Section IOA(2) of the Act to the 
Central Government. It even did not have sufficient staff and enough clinical 
facilities. The High Court lost sight of the fact that there was mere proposal 
from the respondent-society for grant of permission for establishing a new 
medical college. At !hat stage, examination of the claims for approval had 
not been made and the Central Government had asked for proof relating to 
B the ownership and management of 300 bedded hospitals as also the required 
land and there was no response to that by the respondents. 
[366-F-G-H; 367-A-B] 
1.3. Considering the fact that large number of students will be affected, 
C this Court ordered inspection by the Medical Council. Even thereafter, 
inspection was not allowed by the respondent-society on one specious reason 
or the other. In .the circumstances, when the respondent society has not fulfilled 
the requirements under the Indian Medical Council Act, 1956 nor has allowed 
the appellants the conduct the appropriate inspection, the order passed by 
the High Court is set aside. [367-D; 368-A-B] 
D 
E 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3237 of 
1999. 
From the Judgment and Order dated 11.11.98 of the Allahabad High 
Court in C.W.P. No. 26336 of the 1998. 
WITH 
C.A. No. 1992 of 2002. 
Altaf Ahmed, Additional Solicitor General, Dinesh Dwiyedi, N.N. 
Goswami, Tapas Ray, P.P. Rao, Subodh Markandeya, Rajiv Nanda, Y.P. 
F Mahajan, Ms. Varuna Bhandari, D.S. Mabra, Raj Kumar Gupta, Sheo Kumar 
Gupta, A.N. Bardiyar, Maninder Singh, A. Mariarnutham, Ms. Pratibha 
M. Singh, Ms. Kavita Wadia, Ms. Chitra Markandaya, Alok Gupta and Ms. 
Feroze Bano for the appearing parties. 
· 
' 
The Judgment of the Court was delivered by 
G 
RAJENDRA BABU, J. Leave granted in SLP (C) No. 1387611999. 
)-
This appeal is also heard along with Civil Appeal No; 3237/1999. 
...,., 
In Civil Appeal No. 3237/1999 the challenge is to an order made by the 
High Court in a writ petition filed assailing two orders dated 8.5.1998 and 
22.5.1998 and seeking for a direction not to interfere with the peaceful 
H establishment and running of a medical college at Azamgarh by the respondent 
U.0.1 v. ALL INDIA CHILD. CARE AND EDUCATIONAL DEVELOP. SOCIETY{RAJENDRA BABU, J.J365 
society. 
A 
The High Court took the view that there is a deemed approval of the 
Central Government in respect of the scheme submitted by the responden
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