# MEDICAL COUNCIL OF INDIA v. RAMA MEDICAL COLLEGE HOSPITAL & RESEARCH CENTRE, KANPUR & ANR

- **Citation:** [2012] 6 S.C.R. 449
- **Court:** Supreme Court of India
- **Decided:** 2012-07-04
- **Case number:** Civil Appeal No. 4911 of 2012
- **Bench:** Altamas Kabir, J. Chelameswar
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/medical-council-of-india-v-rama-medical-college-hospital-research-centre-kanpur-28194
- **Pages:** 40

## Headnote

IND/AN MEDICAL COUNCIL ACT, 1956:
ss. 10A, 108(3) and 11 read with Regulations of 1999
and Regulations of 2000 - MBBS Course - Increase in
admission capacity - Held: In view of sub-s. (3) of s. 10-8,
where any medical college increases its admission capacity
A
B
c
in (;'lny course of study or training, except with the previous
0
permission of the Central Government in accordance with the
provisions of s. 1 OA, no medical qualification granted to any
student of such medical college on the basis of the increase
in its admission capacity, shall be a recognised medical
qualification for the purposes of the Act - s. 1 OA speaks of E .
permission and not recognition on a year to year basis -
Recognition follows once the newly-established medical
colleges/institutions satisfac(ori/y complete five years with the
graduation of the first batch of students admitted to the
institution when initial permission is granted -It is the .Central
Government which is empowered to grant recognition to a
medical college or institution on the recommendation made
F
by the Medical Council of India - Single Judge and Division
Bench of High Court erred in arriving at the finding that once
permission had been granted u/s 10A of the Act, it would
amount to grant of recognition and, thereafter, the medic(;'!/
G
college/institution was free to enhance the number of seats
without· the permission either of the Council or the Central
Government - Judgments of Single Judge and Division
Bench of High Court and the directions given to increase the
449
H
450
SUPREME COURT REPORTS
[2012) 6 S.C.R.
A number of seats from 100 to 150 in the MBBS course run by
the Institutions concerned are set aside - Establishment of
Medical College Regulations, 1999 - The Opening of a New
or Higher Course of Study or Training (including PostGraduate Course of Study or Training) and Increase of
B Admission Capacity in any Course of Study or Training
(including a Post-Graduate Course of Study or Training)
Regulations, 2000.
In the instant appeals and the writ petitions the
question for consideration before the Court was: whether
C the medical colleges/institutions were entitled to increase
the number of seats without the prior permission of the
Central Government?
D
Disposing of the matters, the Court
HELD: 1.1 Section 10-A of the Indian Medical Council
Act, 1956 provides that no person would be entitled to
establish a Medical College except in the manner
provided in the Section and that no medical college shall
E open a new or higher course of study or training,
including a post-graduate course of training, which
would enable a student of such course or training to
qualify himself for the award of recognised medical
qualification, except with the previous permission of the
Central Government. The said prohibition also extends to
F the increase in admission capacity in any course of study
or training, including post-graduate study or training,
except with such previous permission of the Central
Government. [para 4] [462-B-D]
G
1.2 Sub-s. (3) of s.1 OB in no uncertain terms, provides
that where any medical college increases its admission
capacity in any course of study or training, except with
the previous permission of the Central Government in
accordance with the provisions of s. 10A, no medical
H qualification granted to any student of such medical
MEDICAL COUNCIL OF INDIA v. RAMA MEDICAL COLLEGE 451
HOSPITAL & RES. CENT., KANPUR
college on the basis of· the increase in its admission
A
capacity, shall be a recognised medical qualification for
the purposes of the Act. Thus, without the previous
permission of the Central Government within the scheme,
as prescribed u/s 10A, i.e., without the recommendation
of the Medical Council, any degree granted would not be
B
recognised as a medical degree which would entitle such
degree holder to function as a medical practitioner. [para
45] [484-G-H; 485-A-B]
K. S. Bhoir Vs. State of Maharashtra & Ors. 2001 (5)
C
Suppl. SCR 593 = (2001) 10 SCC 264

## Text

_Characters 0–39,588 of 78,572. This is a partial read: ask again with offset=39588 for what follows._

[2012] 6 S.C.R. 449
MEDICAL COUNCIL OF INDIA
v.
RAMA MEDICAL COLLEGE HOSPITAL & RESEARCH
CENTRE, KANPUR & ANR.
(Civil Appeal No. 4911 of 2012 etc.)
JULY 4, 2012
[ALTAMAS KABIR AND J. CHELAMESWAR, JJ.]
IND/AN MEDICAL COUNCIL ACT, 1956:
ss. 10A, 108(3) and 11 read with Regulations of 1999
and Regulations of 2000 - MBBS Course - Increase in
admission capacity - Held: In view of sub-s. (3) of s. 10-8,
where any medical college increases its admission capacity
A
B
c
in (;'lny course of study or training, except with the previous
0
permission of the Central Government in accordance with the
provisions of s. 1 OA, no medical qualification granted to any
student of such medical college on the basis of the increase
in its admission capacity, shall be a recognised medical
qualification for the purposes of the Act - s. 1 OA speaks of E .
permission and not recognition on a year to year basis -
Recognition follows once the newly-established medical
colleges/institutions satisfac(ori/y complete five years with the
graduation of the first batch of students admitted to the
institution when initial permission is granted -It is the .Central
Government which is empowered to grant recognition to a
medical college or institution on the recommendation made
F
by the Medical Council of India - Single Judge and Division
Bench of High Court erred in arriving at the finding that once
permission had been granted u/s 10A of the Act, it would
amount to grant of recognition and, thereafter, the medic(;'!/
G
college/institution was free to enhance the number of seats
without· the permission either of the Council or the Central
Government - Judgments of Single Judge and Division
Bench of High Court and the directions given to increase the
449
H
450
SUPREME COURT REPORTS
[2012) 6 S.C.R.
A number of seats from 100 to 150 in the MBBS course run by
the Institutions concerned are set aside - Establishment of
Medical College Regulations, 1999 - The Opening of a New
or Higher Course of Study or Training (including PostGraduate Course of Study or Training) and Increase of
B Admission Capacity in any Course of Study or Training
(including a Post-Graduate Course of Study or Training)
Regulations, 2000.
In the instant appeals and the writ petitions the
question for consideration before the Court was: whether
C the medical colleges/institutions were entitled to increase
the number of seats without the prior permission of the
Central Government?
D
Disposing of the matters, the Court
HELD: 1.1 Section 10-A of the Indian Medical Council
Act, 1956 provides that no person would be entitled to
establish a Medical College except in the manner
provided in the Section and that no medical college shall
E open a new or higher course of study or training,
including a post-graduate course of training, which
would enable a student of such course or training to
qualify himself for the award of recognised medical
qualification, except with the previous permission of the
Central Government. The said prohibition also extends to
F the increase in admission capacity in any course of study
or training, including post-graduate study or training,
except with such previous permission of the Central
Government. [para 4] [462-B-D]
G
1.2 Sub-s. (3) of s.1 OB in no uncertain terms, provides
that where any medical college increases its admission
capacity in any course of study or training, except with
the previous permission of the Central Government in
accordance with the provisions of s. 10A, no medical
H qualification granted to any student of such medical
MEDICAL COUNCIL OF INDIA v. RAMA MEDICAL COLLEGE 451
HOSPITAL & RES. CENT., KANPUR
college on the basis of· the increase in its admission
A
capacity, shall be a recognised medical qualification for
the purposes of the Act. Thus, without the previous
permission of the Central Government within the scheme,
as prescribed u/s 10A, i.e., without the recommendation
of the Medical Council, any degree granted would not be
B
recognised as a medical degree which would entitle such
degree holder to function as a medical practitioner. [para
45] [484-G-H; 485-A-B]
K. S. Bhoir Vs. State of Maharashtra & Ors. 2001 (5)
C
Suppl. SCR 593 = (2001) 10 SCC 264 - referred to.
1.3 Section 1 QA lays down the criteria for grant of
permission for establishment of a new medical college
and s.1 OB supplements the same by making it clear that
even while increasing the number of seats in a medical
D
college/institution, the procedure indicated in s.10A, and
in particular s.10A(2), would have to be followed. At every
stage, it is the Council which plays a very important role
in either the grant of permission to establish a new
medical college or to increase the number of seats. [para
E
46] [485-C-D]
1.4 Furthermore, the norms relating to eligibility
criteria, as set out in the 1999 Regulations as also in the
2000 Regulations, have to be complied with, either for the
purpose of grant of permission for establishing a new
medical college or for introducing a new course of study
along with the intention of increasing the number of
students in the medical institution. [para 46] [485-E]
F
1.5 In Part II of the 2000 Regulations, which deals with
G
the scheme for obtaining the permission of the Central
Government to increase the admission capacity in any
course of study or training, including Post Graduat~
course of study or training, in the existing medical
colleges/ institutions, another set of "qualification criteria"
H
452
SUPREME COURT REPORTS
[2012] 6 S.C.R.
A has been set out in Regulation 3(1 ), which has created
some confusion in the minds of the Judges in the High
Court by use of the expression "recognised by the
Medical Council of India". What it seeks to indicate is that
for the purpose of applying for increase in the number
B of seats, the medical college must be one which, in the
·opinion of the Medical Council, was capable of running
the Bachelor of Medicine and Bachelor of Surgery/ Postgraduate Course. It also provides that the medical college/
institute which is not yet recognised by the Medical
c Council for the award of MBBS degree, may also apply
for increase of intake in Post Graduate Course in preclinical and para-clinical subjects such as Anatomy,
Physiology, Biochemistry, Pharmacology, Pathology,
Microbiology, Forensic Medicine and Community
0 Medicine, at the time of fourth renewal, i.e, along with the
admission of the fifth batch for the MBBS Course, which
are courses not connected with the regular course of
study. [para 47] [485-F-H; 486-A-C]
1.6 Regulation 8 of the 1999 Regulations makes it
E clear that irrespective of whether the applicant is the
Central Government or a State Government or a private
person, the Central Government may, on the
recommendation of the Medical Counc-il, issue a Letter of
Intent to set up a new medical college and formal
F permission may be granted initially for a period of one
year and may be renewed on yearly basis subject to
verification of the achievements of annual targets, once
the conditions and modifications indicated in the Letter
of Intent are accepted and after consulting the Medical
G Council of India. Sub-regulation (3) provides, without any
ambiguity, that the permission to establish a medical
college and to admit students may be granted initially for
a .period of one year and may be renewed on yearly basis
subject to verification of the achievement of annual
H targets. [para 11] [466-E-H; 467-A]
MEDICAL COUNCIL OF INDIA v. RAMA MEDICAL COLLEGE 453
HOSPITAL & RES. CENT, KANPUR
2.1 Section 10A of the 1956 Act speaks of permission· A
and not recognition on a year to year basis. Recognition
follows once the newly-established medical colleges/
institutions satisfactorily complete five years with the
graduation of the first batch of students admitted to the
institution when' initial permission is granted. It also s
provides with complete clarity that it shall be the
responsibility of the applicant to apply to the Medical
Council for renewal of permission six months before the
expiry of the initial permission and that the process of
renewal of permission will continue till all the required c
formalities are completed and a formal recognition of the
medical college is granted. [para 11) [467-A-C]
2.2 Thus, it is v.ery clear that recognition to a degree
awarded by a newly-established medical college can be
given only after all the requirements for the establishment D
of the medical college and expansion of the hospital
facilities are completed. It has also been stipulated that
further admissions shall not be made at any stage unless
the requirements of the Council are fulfilled. [para 12)
[467-D]
E
Medical Council of India Vs. State of Kamataka & Ors.
1998 (3) SCR 740 = (1998) 6 SCC 131; and Dr. Preeti
Srivastava & Anr. vs. State of M.P. & Ors. 1999 (1) Suppl.
SCR 249 = (1999) 7 sec. 120 - relied on.
F
State of M.P. Vs. Nivedita Jain 1982 (1) SCR 759 =
(1981) 4 sec 296 - stood overruled.
Minor P. Rajendran Vs. State of Madras 1968 SCR 786
=AIR 1968 SC 1012; Chitra Ghosh Vs. Union of India 1970
G
(1) SCR 413 = (1969) 2 SCC 228; Stat~ of A.P. Vs. Lavu
Narendranath (1971) 1 SCC 607; and Ambesh Kumar (Dr.)
Vs. Principal, L.L.R.M. Medical College 1987 SCR 661 =
(1986) Supp. SCC 543 - distinguished.
H
454
SUPREME COURT REPORTS
[2012] 6 S.C.R.
A
2.3 The expression "recognition by the Medical
Council of India" has to be read and understood as
meaning that the medical college/institution concerned
was recognised by the Medical Council of India as having
the capacity to run such an institution. It is amply clear
B from s.10A that what is contemplated thereunder is
permission for establishing a new medical college, which
is to be granted by the Central Government upon the
recommendation of the Council. The use of the
expression "recognition" in the Regulation does not
c affect or alter the intention of the legislature expressed
in unambiguous terms in s.10A as well as in ss. 10B and
11 of the 1956 Act. Both the 1956 Act and the Regulations
framed by the Medical Council make it very clear that
while the Central Government has the authority to
0
recognize the degree awarded by a newly-established
medical college/institution, it does so on the evaluation
made by the Medical Council and its subsequent
recommendation. [para 42) [482-0-H]
2.4 Section 33, which empowers the Medical Council
E to frame Regulations, provides in Sub-ss (fa) and (fb), the
right to the Medical Council to frame a scheme in terms
of Sub-s. (2) of s. 1 OA and also in regard to ,any other
factors under Clause (g) of Sub-s. (7) of s.10A: It is quite
clear that the legislature has given the Med~'cal Council
F of India wide authority to take all steps which are
necessary to ensure that a medical institution, either at
the time of establishment, or later at the time of applying
for increase in the number of seats, has the capacity and
the necessary infrastructure, not only to run the college,
G but also to sustain the increase in the number of seats
applied for. To that extent, since the Act is silent, the
Regulations which have statutory force will be applicable
to the scheme as contemplated under the Act. [para 44]
[484-B-D]
H
2.5 In view of the decision of the Constitution Bench
MEDICAL COUNCIL OF INDIA v. RAMA MEDICAL COLLEGE 455
HOSPITAL & RES. CENT., KANPUR
in Dr. Preeti Srivastava's case, the position is quite clear
A
that in terms of the scheme of the Act and the
Regulations framed by the Medical Council of India, it is
the Central Government which is empowered to grant
recognition to a medical college or institution on the
recommendation made by the Medical Council of India.
The role of the Medical Council of India in the grant of
recognition to a medical college/institution is
recommendatory and the Council has no power to grant
recognition to a medical institution. Such power lies with
B
the Central government. No provision is available under c
the Act relating to grant of recognition of a medical
college/ institution, since s.10A speaks only of permission
and not recognition. The same has been supplemented
by the provisions of the 1999 and 2000 Regulations for
the purpose of s.1 OA(7)(g) of the Act. [para 48] [486-E-H;
487-A]
Dr. Preeti Srivastava & Anr. vs. State of M.P. & Ors. 1999
(1) Suppl. SCR 249 = (1999) 7 sec 120 - relied on.
D
2.6 Therefore, the Single Judge and the Division
E
Bench of the High Court erred in arriving at the finding
that once permission had been granted u/s 10A of the
Act, it would amount to grant of recognition and,
thereafter, the medical college/ institution, was free to
enhance the number of seats without the permission
F
either of the Council or the Central Government. The
judgments of the Single Judge as also of the Division
Bench of the High Court, and the directions given to
increase the number of seats from 100 to 150 in the
MBBS course run by the writ petitioners are set aside.
G
[para 49-50] [487-B-D)
2.7 Since the 2000 Regulations provide for a newlyestablished medical college/ institution to seek
permission each year to continue with the MBBS course
till the first batch of the students graduated, the position
H
456
SUPREME COURT REPORTS
[2012] 6 S.C.R.
A is quite clear that the recognition referred to in ss.108
and 11 of the 1956 Act would have to relate to the grant
of recognition to a medical institution u/s 11 for the
purpose of recognition of its qualifications as a medical
degree, which would entitle the holder thereof to practise
B medicine. [para 50] [487-D-E]
2.8 It is made clear that this will not prevent the
medical colleges/institutions from applying for increase
in the number of students, provided such application
fulfils the conditions and criteria of s.1 OA and the
C Regulations framed thereunder by the Medical Council of
India. [para 51] [487-F-G]
Govt. of A.P. & Anr. Vs. Medwin Educational Society &
Ors. 2003 (5) Suppl. SCR 408 = (2004) 1 SCC 86; Shiv
D Kumar Chadha Vs. Municipal Corporation of Delhi 1993 (3)
SCR 522 = (1993) 3· SCC 161; and Mridhu/ Dhar Vs. Union
of India 2005 (1) SCR 380 =(2005) 2 SCC 65 - cited.
Case Law Reference:
E
1998 (3) SCR740
relied on
para 19
1982 (1) SCR 759
overrurled
para 20
1999 (1) Suppl. SCR 249
relied on
para 21
F
1968 SCR 786
distinguished para 21
1970 (1) SCR 413
distinguished para 21
(1971 > 1 sec 607
distinguished para 21
1987 SCR 661
distinguished para 21
G
2001 (5) Suppl. SCR 593
referred to
para 23
2003 (5) Suppl. SCR 408
referred to
para 24
1993 (3) SCR 522
referred to
para 34
H
MEDICAL COUNCIL OF INDIA v. RAMA MEDICAL COLLEGE 457
HOSPITAL & RES. CENT, KANPUR
2005 (1) SCR 380
referred to
para 37
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
4911 of 2012 etc.
A
From the Judgment & Order dated 13.10.2011 of the High
Court of Delhi in Letters Patent Appeal No. 820 of 2011.
B
WITH
SLP (C) Nos. 30332, 30338 of 2011 & 3732 of 2012.
W.P. (C) Nos. 457, 458 & 489 of 2011.
Nideshe Gupta, P.S. Narasimha, V. Giri, Dushyant Dave,
Dr. Abhishek Manu Singhvi, Pradip Ghosh, T.S. Doabia, Amit
Kumar, Ashish Kumar, Atul Kumar, Rekha Bakshi, Shilandra
K. Panday, Rajiv Agrawal, Kunal Cheema, Dhruv Kapur, Yash
c
Pal Dhingra, Ranjan Kr. Pandey, Kaushal P. Gautam, M.P.
D
Vinod, Ashok K. Jain, Dillip Pillai, Neeraj Shekar, Ashutosh
Thakur, Priya Ranjan Roi, Arun Monga, Gaurav Sharma, Ranjan
Kumar Pandey, Rekha Pandey, Rashmi Malhotra, D.S. Mahra,
Shalinder Saini for the appearing parties.
The Judgment of the Court was delivered by
E
ALTAMAS KABIR, J. 1. Leave granted.
2. The Indian Medical Council Act, 1956, hereinafter
referred to as the "1956 Act", was enacted, inter alia, to provide
F
for the reconstitution of the Medical Council of India and the
maintenance of a Medical. Register for India and for matters
<:;onnected therewith. Section 3 of the Act empowered the
Central Government to constitute a Council, which as per
Section 4(1) means the Medical Council _of India, hereinafter
G
referred to as the "Medical Council", constituted under the 1956
Act.
3. In these matters, we are mainly concerned with the
interpretation of Sections 1 OA and 11 of the 1956 Act. Section
H
458
SUPREME COURT REPORTS
[2012) 6 S.C.R.
A
1 OA of the 1956 Act, which provides for permission for
establishment of new medical colleges and new courses of
study, is extracted hereinbelow :
B
"10A. Permission for establishment of new medical
college, new course of study.- (1) Notwithstanding anything
contained in this Act or any other law for the time being in
force:-
a) no person shall establish a medical college; or
c
b) no medical college shall -
D
E
F
G
H
(i)
open a new or higher course of study or
training (including a post-graduate course of
study or training) which would enable a
student of such course or training to qualify
himself for the award of any recognised
medical qualification; or
(ii)
increase its admission capacity in any
course of study or training (including a postgraduate course of study or training), except
with the previous permission of the Central
Government obtained in accordance with the
provisions of this Section.
Explanation 1.-For the purposes of this Section,
"person" includes any University or a trust but does not
include the Central Government.
Explanation 2.- For the purposes of this Section
"admission capacity" in relation to any course of study or
training (including post-graduate course of study or training)
in a medical college, means the maximum number of
students that may be fixed by the Council from time to time
for being admitted to such course or training.
(2) (a) Every person or medical college shall, for the
MEDICAL COUNCIL OF INDIA v. RAMA MEDICAL COLLEGE 459
HOSPITAL & RES. CENT., KANPUR [ALTAMAS KABIR, J.]
purpose of obtaining permission under sub-Section (1),
A
submit to the Central Government a scheme in accordance
with the provisions of clause (b) and the Central
Government shall refer the scheme to the Council for its
recommendations.
(b} The scheme referred to in clause (a) shall be in
such form and contain such particulars and be preferred
in such manner and be accompanied with such fee as may.
be prescribed.
B
(3) On receipt of a scheme by the Council under subC
Section (2) the Council may obtain such other particulars
as may b~ considered necessary by it from the person or
the medical college concerned, and thereafter, it may, -
a)
b)
if the scheme is defective and does not contain any
D
necessary particulars, give a reasonable
opportunity to the person or college concerned for
making a written representation and it shall be open
to such person or medical college to rectify the
defects, if any, specified by the Council;
consider the scheme, having regard to the factors
referred to in sub-Section (7), and submit the
scheme together with its recommendations thereon
to the Central Government.
(4) The Central Government may, after considering
E
F
the scheme and the recommendations of the Council under
sub-Section (3) and after obtaining, where necessary, such
other particulars as may be considered necessary by it
from the person or college ·concerned, and having regard
G
to the factors referred to in sub-Section (7), either approve
(with such conditions, if any, as it may consider necessary)
or disapprove the scheme and any such approval shall be
a permission under sub-Section (1 ):
Provided that no scheme shall be disapproved by the
H
460
A
B
c
D
E
F
G
H
SUPREME COURT REPORTS
[2012] 6 S.C.R. -
Central Government except after giving the person or
college concerned a reasonable opportunity of being
heard:
Provided further !hat nothing in this sub Section shall
prevent any person or medical college whose scheme has
not been approved by the Central Government to submit
a fresh scheme and the provisions of this Section shall
apply to such scheme, as if such scheme has been
submitted for the first time under sub-Section (2).
(5) Where, within a period of one year from the date
of submission of the scheme to the Central Government
under sub-Section (2), no order passed t:iy the Central
Government has been communicated to the person or
college submitting the scheme, such scheme shall be
deemed to have been approved by the Central
Government in the form in which it had been submitted, and
accordingly, the permission of the Central Government
required under sub-Section (1) shall also be deemed to
have been granted.
(6) In computing the time-limit specified in subsection (5), the time taken by the person or college
concerned submitting the scheme, in furnishing any
particulars called for by the Council, or by the Central
Government, shall be excluded.
(7) The Council, while making its recommendations
under clause (b) of sub-Section (3) and the Central
Government, while passing an order, either approving or
disapproving the scheme under sub-Section (4), shall have
due regard to the following factors, namely:-
a)
whether the proposed medical college or the
existing medical college seeking to open a new or
higher course of study or training, would be in a
position to offer the minimum standards of medical
MEDICAL COUNCIL OF INDIA v. RAMA MEDICAL COLLEGE 461
HOSPITAL & RES. CENT, KANPUR [ALTAMAS KABIR, J.]
education as prescribed by the Council under
A
Section 19A or, as the case may be, under Section
20 in the case of post-graduate medical education;
b)
whether the person seeking to establish a medical
college or the existing medical college seeking to
8
open a new or higher course of study or training or
c)
d)
e)
to increase its admission capacity has adequate
financial resources;
whether necessary facilities in respect of staff,
equipment, accommodation, training and other
C
facilities to ensure proper functioning of the medical
college or conducting the new course or study or
training or accommodating the increased
admission capacity, have been provided or would
be provided within the time-limit specified in the
D
scheme;
whether adequate hospital facilities, having regard
to the number or students likely to attend such
medical college or course of study or training or as
a result of the increased admission capacity, have
been provided or would be provided within the timelimit specified in the scheme;
whether any arrangement has been made or
programme drawn to impart proper training to
students likely to attend such medical college or
course of study or training by persons having the
recognised medical qualifications;
E
F
f)
the requirement of manpower in the field of practice
G
of medicine; and
g)
any other factors as may be prescribed.
(8) Where the Central Government passes an order
either approving or disapproving a scheme under this
H
462
SUPREME COURT REPORTS
[2012] 6 S.C.R.
A
Section, a copy of the order shall be communicated to the
person or college concerned."
4. It would be seen from the above that after the
promulgation of the 1956 Act, no person would be entitled to
B establish a Medical College except in the manner provided in
Section 1 OA, which, in addition provides that no medical
college shall open a new or higher course of study or training,
including a post-graduate course of training, which would
enable a student of such course or training to qualify himself
C for the award of recognised medical qualification, except with
the previous permission of the Central Government. The said
prohibition also extends to the increase in admission capacity
in any course of study or training, including post-graduate study
or training, except with such previous permission of the Central
Government. Sub-Section (2) categorically provides that every
D person or medical college shall, for the purpose of obtaining
permission under Sub-Section (1 ), submit to the Central
Government a scheme in accordance with the provisions of
Clause (b) and the Central Government shall refer the scheme
to the Medical Council for its recommendations. The said
E Council has been authorized to scrutinize the scheme and
make such suggestions, as may be necessary, to rectify any
defect and, thereafter, to forward the same, together with its
recommendations, to the Central Government. Sub-Section (7)
provides that the Council while making its recommendations
F shall take into consideration the factors mentioned therein.
5. In other words, although, the Central Government is the
authority to grant sanction to the establishment of a medical
college, it is the Medical Council of India which plays a major
G role in deciding whether such sanction could be given by the
Central Government.
6. Section 11 of the 1956 Act deals with recognition of
medical qualifications granted by universities or medical
institutions in India. The same also being relevant to the facts
H of this case, is reproduced hereinbelow :
MEDICAL COUNCIL OF INDIA v. RAMA MEDICAL COLLEGE 463
HOSPITAL & RES. CENT, KANPUR [ALTAMAS KABIR, J.]
"11. Recognition of medical qualifications granted by A
Universities or medical institutions in India.- (1) The
medical qualifications granted by any University or medical
institution in India which are included in the First Schedule
shall be recognised medical qualifications for the purposes
of this Act.
B
(2) Any University or medical institution in India which grants
a medical qualification not included in the First Schedule
may apply to the Central Government to have such
qualification recognised, and the Central Government, after C
consulting the Council, may, by notification in the Official
Gazette, amend the First Schedule so as to include such
qualification therein, and any such notification may also
direct that an entry shall be made in the last column of the
First Schedule against such medical qualification declaring
0
that it shall be a recognised medical qualification only when
granted after a specified date."
7. In addition to the aforesaid provisions, Section 10-B of
the 1956 Act is also of significance as it deals with nonrecognition of medical qualifications in certain cases. For the
E
sake of reference, the same is also extracted hereinbelow :-
"10-8. Non-recognition of medical qualifications in certain
cases.- (1) Where any medical college is established
except with the previous permission of the Central
F
Government in accordance with .the provision of Section
1 OA, no medical qualification granted to any student of
such medical college shall be a recognised medical
qualification for the purposes of this Act.
(2) Where any medical college opens a new or higher G
course of study or training (including a post-graduate
course of study or training) except with the previous
permission of the Central Government in accordance with
the provisions of Section 1 OA, no medical qualification
granted to any student of such medical college on the basis
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of such study or training shall be a recognised medical
qualification for the purposes of this Act.
(3) Where any medical college increases its admission
capacity in any course of study or training except with the
previous permission of the Central Government in
accordance with the provision of Section 1 OA, no medical
qualification granted to any student of such medical college
on the basis of the increase in its admission capacity shall
be a recognised medical qualification for the purposes of
this Act.
Explanation - For the purposes of this Section, the criteria
for identifying a student who has been granted a medical
qualification on the basis of such increase in the admission
capacity shall be such as may be prescribed."
8. It is amply clear from Section 1 OB that if a Medical
College is established, ~xcept with the previous permission of
the Central Government, as provided under Section 10A, no
medical qualification granted to any student of such medical
E college shall be recognized as a medical qualification for the
purposes of the Act.
9. At this juncture, reference may be made to the
"Establishment of Medical College Regulations, 1999", framed
by the Medical Council of India in exercise of powers conferred
F under Section 1 QA read with Section 33 of the 1956 Act, and ·
notified on 30th July, 1999. The same came into force on their
publication in the Official Gazette on 28th August, 1999, and
is hereinafter referred to as the "1999 Regulations".
G
10. Regulation 4 of the 1999 Regulations, inter alia,
provides that applications for permission to set up Medical
Colleges are to be submitted to the Secretary (Health), Ministry
of Health and Family Welfare, Government of India, along with
a non-refundable application fee of Rs.3.5 lakhs in the form of
H a demand draft/pay order in favour of the Medical Council of
MEDICAL COUNCIL OF INDIA v. RAMA MEDICAL COLLEGE 465
HOSPITAL & RES. CENT., KANPUR [ALTAMAS KABIR, J.]
India for Central and State Government Colleges and Rs.7
A
lakhs for private sector medical colleges and institutions.
Regulation 5 provides that applications received by the Ministry
of Health and Family Welfare are to be referred to the Medical
Council for registration and evaluation and recommendations.
Regulations 6 and 7 provide that after evaluation, the Council
B
shall send a factual report to the Central Government with its
recommendations to issue or not to issue Letters of Intent.
Regulation 8 of the 1999 Regulations is the provision for grant
of permission and since it is of considerable significance to the
issue involved in these proceedings, the same is reproduced c
hereinbelow :
"8. GRANT OF PERMISSION:
(1)
The Central Government on the recommendation of
the Council may issue a Letter of Intent to set up a
D
new medical college with such conditions or
modifications in the original proposal as may be
considered necessary. This letter of Intent will also
include a clear cut statement of preliminary
requirements to be met in respect of buildings,
E
infrastructural facilities, medical and allied
equipments, faculty and staff before admitting the
first batch of students. The formal permission may
be granted after the above conditions and
modifications are accepted and the performance
F
bank guarantees for the required sums are
furnished by the person and after consulting the
Medical Council of India.
(2)
The formal permission may include a time bound
programme for the establishment of the medical
G
college and expansion of the hospital facilities. The
permission may also define annual targets as may
be fixed by the Council to be achieved by the
person to commensurate with the intake of students
during the following years.
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(3)
The permission to establish a medical college and
admit students may be granted initially for a period
of one year and may be renewed on yearly basis
subject to verification of the achievements of annual
targets. It shall be the responsibility of the person
to apply to the Medical Council of India for purpose
of renewal six months prior to the expiry of the initial
permission. This process of renewal of permission
will continue till such time the establishment of the
medical college and expansion of the hospital
facilities are completed and a formal recognition of
the medical college is granted. Further admissions
shall not be made at any stage unless the
requirements of the Council are fulfilled. The
Central Government may at any stage convey the
deficiencies to the applicant and provide him an
opportunity and time to rectify the deficiencies.
(4)
The council may obtain any other information from
the proposed medical college as it deems fit and
necessary."
11. The above Regulation makes it clear that irrespective
of whether the applicant is the Central Government or a State
Government or a private person, the Central Government may,
on the recommendation of the Medical Council, issue a Letter
F of Intent to set up a new medical college and formal permission
may be granted initially for a period of one year and may be
renewed on yearly basis subject to verification of the
achievements of annual targets, once the conditions and
modifications indicated in the Letter of Intent are accepted and
G after consulting the Medical Council of India. Sub-regulation (3)
is important for our purpose as it also related to certain other
Regulations published by the Medical Council in 2000. It
provides, without any ambiguity that the provision to establish
a medical college and to admit students may be granted initially
for a period of one year and may be renewed on yearly basis
H
MEDICAL COUNCIL OF INDIA v. RAMA MEDICAL COLLEGE 467
HOSPITAL & RES. CENT, KANPUR [ALTAMAS KABIR, J.]
subject to verification of the achievement of annual targets. It
A
may be noted that Section 1 OA speaks of permission and not
recognition on a year to year basis. Recognition follows once
the newly-established medical colleges/institutions satisfactorily
complete five years with the graduation of the first batch of
students admitted to the institution when initial permission is
B
granted. It also provides with complete clarity that it shall be the
responsibility of the applicant to apply to the Medical Council
for renewal of permission six months before the expiry of the
initial permission and that the process of renewal of permission
will continue till all the required formalities are completed and c
a formal recognition of the medical college is granted.
12. From the aforesaid provisions it is very clear that
recognition to a degree awarded by a newly-established
medical college can be given only after all the requirements for
the establishment of the medical college and expansion of the
D
hospital facilities are completed. It has also been stipulated that
further admissions shall not be made at any stage unless the
requirements of the Council are fulfilled.
13. Reference may also be made to the Regulations
E
framed by the Medical Council of India relating to opening of
higher courses of study and increase of admission capacity in
medical colleges and published by the Medical Council of India
under notification dated 14th August, 2000. The same are
known as "The Opening of a New or Higher Course of Study
F
or Training (including Post-Graduate Course of Study or
Training) and Increase of Admission Capacity in any Course
of Study or Training (including a Post-Graduate Course of Study
Or Training) Regulations, 2000", hereinafter referred to as "the
2000 Regulations", which came into force on 7th October,
G
2000. Thereafter, Regulation 3, which provides for permission
for establishment of a new or higher course of study, etc., reads
as follows :-
"(3) The permission for establishment of a new or higher
course of study, etc. -
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No medical college, shall -
(a)
open a new or higher course of study or training
(including a post-graduate course of study or
training) which would enable a student of such
course or training to qualify himself for the award
of any recognized medical qualification; or
(b)
increase admission capacity in any course of study
or training (including a post-graduate course of
study or training); except after obtaining the
previous permission of the Central Government by
submitting Scheme annexed to these regulations."
14. Regulation 3 of Part I of the said Regulations sets out
the "Qualifying Criteria" which provides as follows :
.
"QUALIFYING CRITERIA :
The medical college/institution shall qualify for
opening a New or Higher Course of Study or Training
(including a Post-graduate Course of Study or Training) in
the medical colleges/institutions if the following cond,itions
are fulfilled :
1. ( 1) The medical college/institution must be recognised
by the Medical Council of India for running Bachelor of
Medicine and Bachelor of Surgery/Post-graduate Course;
however, the medical college/Institute which is not yet
recognised by the Medical Council of India for the award
of MBBS Degree may apply for starting of a PostGraduate Course in pre-clinical and para-clinical subjects
of Anatomy, Physiology, Biochemistry, Pharmacology,
Pathology, Microbiology, Forensic Medicine and
Community Medicine at the time of third renewal - i.e. along
with the admission of fourth batch for the MBBS Course";
[Emphasis Supplied]
H ..
MEDICAL COUNCIL OF INDIA v. RAMA MEDICAL COLLEGE 469
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15. Regulation 3 of Part II of the Regulations, dealing with
A
Qualification Criteria initially provided that a medical college/
institution would qualify to apply for increasing the number of
admissions in MBBS/PG Diploma/Degree/Higher Speciality
Course in the existing medical college/institution, if it fulfilled
certain conditions, one of which was that the medical college/
B
Institution had been recognized by the Medical Council of India
as being capable of running such courses. The aforesaid
paragraph was, subsequently substituted by the following :
''The medical college/institution must be recognized by the
C
Medical Council of India for running Bachelor of Medicine
and Bachelor of Surgery/Post-Graduate Course; however,
the Medial College/Institute which is not yet recognized by
the Medical Council of India for the award of MBBS
Degree may apply for starting of a Post-Graduate Course
in pre-clinical and para-clinical subjects of Anatomy,
D
Physiology, Biochemistry, Pharmacology, Pathology,
Microbiology, Forensic Medicine and Community
Medicine at the time of fourth renewal- i.e. along with the
admission of fifth batch for the MB.BS Course."
[Emphasis Supplied]
16. It is in the aforesaid background that the Medical
Council of India filed Special Leave Petition (Civil) No.28996
of 2011, and two other Special Leave Petitions, which are
being heard along with three Writ Petitions filed by private
institutions claiming the right to increase their admission
capacity.
17. Appearing on behalf of the Medical Council of India,
E
F
Mr. Nidhesh Gupta, learned Senior Advocate, referred to the
G
relevant provisions of the 1956 Act, which have been referred
to and reproduced hereinabove. Mr. Gupta relied heavily on the
requirements to be fulfilled by the Applicant colleges for
obtaining Letter of Intent and Letter of Permission for
establishment of new medical colleges and yearly renewals
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A
under Section 1 QA of the Indian Medical Council Act, 1956,
published by the Medical Council of India and approved by the
Central Government in its Ministry of Health & Family Welfare
vide letter dated 13th October, 2QQ9. Laying stress on the
requirements to be fulfilled for yearly renewals under Section
B
1 QA of the 1956 Act, Mr. Gupta also referred to the 2QQQ
Regulations, with particular reference to Regulation 3 of Part I
of the Regulations dealing with QuaUfication Criteria as set out
hereinabove. Mr. Gupta submitted that it would be clear from
the substituted Sub-Regulation (1) of Regulation 3 that it was
c always the intention of the Central Government and the Medical
Council of India that for the purpose of .increase in the number
of admissions in the different courses, the medical college/
institution had to be recognized by the Medical Council of India
of being capable of running Bachelor of Medicine and Bachelor
0
of Surgery/Post-Graduate Courses. Mr. Gupta urged that the
said clause also provides that even in cases of medical
colleges and institutes, which were not yet recognized by the
Medical Council of India for the award of MBBS degree, they ·
could also apply for increase of intake in the Post-Graduate
Courses at the time of fourth renewal i.e. along with the
E admission of the fifth batch for the MBBS Course. Mr.