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CaseMinister › Judgments › Supreme Court › 1998 › Medical Council of India v. State of Karnataka

Medical Council of India v. State of Karnataka

Supreme Court of India · 16 July 1998 · [1998] 3 S.C.R. 740

Court
Supreme Court of India
Decided
16 July 1998
Case no.
C.A. No. 3275 of 1998
Reported as
[1998] 3 S.C.R. 740
Result
Disposed of
Bench
K.T. Thomas, D.P. Wadhwa
Length
27 pages
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PETITIONER:
MEDICAL COUNCIL OF INDIA
Vs.
RESPONDENT:
STATE OF KARNATAKA AND OTHERS
DATE OF JUDGMENT: 16/07/1998
BENCH:
K.T. THOMAS, D.P. WADHWA

ACT

HEADNOTE

JUDGMENT

JUDGEMENTD.P. WADHWA, J.

Leave granted.

A Division Bench of the Karnataka High Court has put a question mark on the authority of the Medical Council of India ( for short, the ’ Medical Council’) - the appellant - in its judgement dated July 16, 1997 to fix intake for admission of students to various medical colleges in the State of Karnataka. Medical Council is aggrieved by that part of the impugned judgement where the Division Bench held that prior to insertion of Sections 10A, 10B, and 10C in the Indian Medical Council Act, 1956 (for short, the Medical Council Act’) by the Amending Act 31 of 1993 neither the Central Government nor the Medical Council could fix the admission capacity in the medical colleges in the State and that this authority to determine the admission capacity in the medical colleges vested in State by virtue of tow State enactments, namely, Karnataka State Universities Act, 1976 (for short, ’Karnataka Universities Act’) and Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (for short, ’Karnataka Capitation Fee Act’). The Division Bench, however, held that after the amendment of the Indian Medical council Act by insertion of Sections 10A, 10B and 10C, the two State enactments would yield to the extent of repugnancy and that now the power to fix admission capacity rests with the Medical Council. The Division Bench said that admission capacity for purpose of increase or decrease in each of the college, has got to be determined as on or before June 1, 1992 with reference to what had been fixed by the State Government or that foxed by the medical colleges and not with reference to the minimum standard of education regulations prescribed under Section 19A, of the Medical Council Act by the Medical Council which it said were only "recommendatory" as held in State of Madhya Pradesh and anr. v. Kumari Nivedita Jain and ors.(1981 (4) SCC 296). Thus, according to the Division Bench future admission will, however, have to be regulated on the basis of the capacity fixed or determined by the Medical Council as provisions of Sections 10A, 10B and 10C are prospective.

State of Karnataka has also filed appeal. It felt aggrieved by that part of the impugned judgment of the Division Bench where it scuttled the powers of the State to fix admission capacity to the medical colleges. Stand of the State is that Section 10A is applicable only when it comes to increase the existing admission capacity in the colleges and that the intake capacity already fixed by the State under its statutory powers could not be reduced.

In the third appeal filed by the Rajiv Gandhi Dental College and which pertains to Dental Colleges under the provisions of the Dentists Act, 1948, there is similar challenge to the authority of the Dental Council of India to fix the intake of admission of students to Dental Colleges. The provisions of this Act are in peri materia to that of the Indian Medical Council Act and decision in the appeal filed by the Medical Council of India would be applicable to the appeal filed by Rajiv Gandhi Dental College.

Impugned Division Bench decision was rendered in an appeal against the judgment dated September 20, 1996 of a single judge (G.C. Bharuka, J.) of the High Court in a writ petition filed as a Public Interest Litigation. Learned Single Judge considered the whole spectrum of law relating to admission in Medical Colleges in the State and held as under:

"I s.53(10) of the State

Universities Act and Sec.4(1)(b) of

the State Capitation Fee Act

empowering the universities and/or

the State Government to fix or

increase intakes of the medical

colleges being repugnant to

Sections 10A, 10B and 10C of the

Central Act, are held as void and

inoperative.

II. The power in relation to

fixation and/or increase of the

admission capacities of the medical

colleges has to be governed

strictly and exclusively under the

provisions of Sec.10A/10C of the

Central Act.

III. No medical college can admit

any student in excess of its

admission capacity fixed by the

Council subject to any increase

thereof as approved by the Central

Government under and in accordance

with the provisions of Sec.10A or

Sec.10C of the Central Act.

IV. The regulations framed on the

aspects of medical education

referred to in Secs.19A and 33 of

the Central Act are mandatory in

nature."

The State of Karnataka went in appeal against the judgment of the single Judge which, as noted above, was partly allowed. In the appeal , the Divisions Bench took the view that Sections 10A, 10B and 10C of the Act have only prospective operation. While the Medical Council and the Central Government contend that learned single Judge was correct in this approach to the matter in controversy, the State of Karnataka says that introduction of Sections 10A, 10B and 10C in the Act made no difference to its authority to regulate admission to Medical Colleges in view of the judgement of this Court in A.K. Singh vs. State of Bihar [(1994) 4 SCC 401] and that power under Section 10A of the Medical Council Act was confined only to increasing the existing admission capacity and the intake capacity already fixed by the State under its statutory powers could not be reduced.

When the matter came up before this Court in special leave petition (SLP No.14839/97) filed by the Medical Council, this Court, while issuing notice, stayed the impugned judgment of the Division Bench. In the appeal filed by the Rajiv Gandhi Dental College, it was also directed that the State would confine the admissions to the dental colleges to the intake capacity as fixed by the Dental Council.

Before we consider the rival contentions, we may set out the relevant provisions of law but even before that we take note of the observations of this Court in State of Kerala vs. Kumari T.P. Roshana & Anr. [(1979) 1 SCC 572] where the Court said as under :-

"The Indian Medical Council Act,

1956 has constituted the Medical

Council of India as an expert body

to control the minimum standards of

medical education and to regulate

their observance. Obviously, this

high-powered Council has power to

prescribe the minimum standards of

medical education. It has implicit

power to supervise the

qualifications or eligibility

standards for admission into

medical institutions. Thus there is

an overall invigilation by the

Medical Council to prevent sub-

standard entrance qualifications

for medical courses."

The Indian Medical Council Act, 1956

Sections 2 of the Medical Council Act defines various terms used in the Act. "Approved institution" means a hospital, health centre or other such institution recognised by a University as an institution in which a person may undergo the training, if any, required by this course of study before the award of any medical qualification to him; "Council" means the Medical Council of India constituted under this Act; "medical institution" means any institution, within or without India, which grants degrees, diplomas or licences in medicine; "recognised medical qualification" means any of the medical qualifications included in the Schedules; "University" means any University in India established by law and having a medical faculty.

"Sec. 10-A. Permission for

establishment of new medical

college, new course of study, etc.-

(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

(b) no medical college shall-

(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 post-graduate

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 action, "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 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 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.

(3) On receipt of a scheme by the

Council under sub-section (2), the

Council may obtain such other

particulars as may be considered

necessary by it from the person or

the medical college concerned, and

thereafter, it may,-

(a) if the scheme is defective and

does not contain any 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;

(b) 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 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 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 Central

Government except after giving the

person or college concerned a

reasonable opportunity of being

heard.

Provided further that 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) ...

(6) ...

(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

education as prescribed by the

Council under 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

open a new or higher course of

study or training or to increase

its admission capacity has adequate

financial resources;

(c) whether necessary facilities in

respect of staff, equipment,

accommodation, training and other

facilities to ensure proper

functioning of the medical college

or conducting the new course of

study or training or accommodating

the increased admission capacity

have been provided or would be

provided within the time-limit

specified in the scheme;

(d) whether adequate hospital

facilities, having regard to the

number of 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 time-limit

specified in the scheme;

(e) 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;

(f) the requirement of manpower in

the field of practice of medicine;

and

(g) any other factors as may be

prescribed."

"Sec.10.B Non-recognition of

medical qualifications in certain

cases.-

(1) ...

(2) ...

(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 provisions of

section 10A, 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.

Sec.10-C. Time for seeking

permission for certain existing

medical colleges, etc.-

(1) If after 1st day of June, 1992

and on and before the commencement

of the Indian Medical Council

(Amendment) Act, 1993 any person

has established a medical college

or any medical college has opened a

new or higher course of study or

training or increase the admission

capacity, such person or medical

college, as the case may be, shall

seek, within a period of one year

from the commencement of the Indian

Medical Council (Amendment) Act,

1993, the permission of the Central

Government in accordance with the

provisions of section 10A.

(2) If any person or medical

college, as the case may be, fails

to seek the permission under sub-

section (1), the provisions of

section 10B shall apply, so far as

may be, as if, permission of the

Central Government under s10A has

been refused."

Under Section 11 of the Medical Council Act, 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 Medical Council Act. 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 consulting the Medical Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein. Under Section 16 every university or medical institution in India which grants a recognised medical qualification shall furnish such information as the Medical Council may, from time to time, require as to the courses of study and examinations to be undergone for the purpose of attaining qualification and other details requisite for obtaining such qualification. Under Section 17 of the Medical Council Act, the Executive Committee of the Medical Council shall appoint medical inspectors to inspect any medical institutions, college, hospital or other institution where medical education is given or to attend any examination held by any University or medical institution for the purpose of recommending to the Central Government recognition of medical institution. Similarly, the Medical Council is authorised to appoint visitors for the same purpose. The inspectors and the visitors are required to report on the adequacy of the standards of medical education including staff, equipment, accommodation, training and other facilities prescribed for giving medical education or on the sufficiency of every examination which they attend. Then come Sections 19 and 19A and which have been set out above providing for laying down minimum standards of medical education and withdrawal of recognition. These are as under :

"Sec.19.Withdrawal of recognition.-

(1) When upon report by the

Committee or the visitor, it

appears to the Council-

(a) that the course of study and

examination to be undergone in, or

the proficiency required from

candidates at any examination held

by, any University or medical

institution, or

(b) that the staff, equipment,

accommodation, training and other

facilities for instruction and

training provided in such

university or medical institution

or in any College or other

institution affiliated to that

University, do not conform to the

standards prescribed by the Council

the Council shall make a are

presentation to that effect to the

Central Government.

(2) After considering such

representation, the Central

Government may send it to the State

Government of the State in which

the University or medical

institution is situated and the

State Government shall forward it

along with such remarks as it may

choose to make to the University or

medical institution, with an

intimation of the period within

which the University or medical

institution may submit its

explanation to the State

Government.

(3) On the receipt of the

explanation or, where no

explanation is submitted within the

period fixed, then on the expiry of

that period, the State Government

shall make its recommendations to

the Central Government.

(4) The Central Government after

making such further inquiry, if

any, as it may think fit, may, by

notification in the Official

Gazette, direct that an entry shall

be made in the appropriate Schedule

against the said medical

qualification declaring that it

shall be a recognised medical

qualification only when granted

before a specified date, or that

the said medical qualification if

granted to students of a specified

college or institution affiliated

to any university shall be a

recognised medical qualification

only when granted before a

specified date or, as the case may

be, that the said medical

qualification shall be a recognised

medical qualification in relation

to a specified college or

institution affiliated to any

University only when granted after

a specified date.

Sec.19.A Minimum standards of

medical education.-(1) The Council

may prescribe the minimum standards

of medical education required for

granting recognised medical

qualifications (other than post-

graduate medical qualifications) by

Universities or medical

institutions in India.

(2) Copies of the draft regulations

and of all subsequent amendments

thereof shall be furnished by the

Council to all State Governments

and the Council shall, before

submitting the regulations or

amendment thereof, as the case may

be, to the Central Government for

sanction, take into consideration

the comments of any State

Government received within three

months from the furnishing of

copies aforesaid.

(3) The Committee shall from time

to time report to the Council on

the efficacy of the regulations and

may recommend to the Council such

amendments thereof as it may think

fit.

Sec.33. Power to make regulations.

The Council may, with the previous

sanction of the Central Government,

make regulations generally to carry

out the purposes of this Act, and,

without prejudice to the generality

of this power, such regulations may

provided for-

(a) to (f) ...

(fa) the form of the scheme, the

particulars to be given in such

scheme, the manner in which the

scheme is to be preferred and the

fee payable with the scheme under

clause (b) of sub-section (2) of

section 10A;

(fb) any other factors under clause

(g) of sub-section (7) of section

10A;

(fc) the criteria for identifying a

student who has been granted a

medical qualification referred to

in the Explanation to sub-section

(3) of section 10B;

(g) to (i) ...

(j) the courses and period of study

and of practical training to be

undertaken, the subjects of

examination and the standards of

proficiency therein to be obtained,

in Universities or medical

institutions for grant of

recognised medical qualifications;

(k) the standards of staff,

equipment, accommodation,

training and other facilities for

medical education;

(l) the conduct of professional

examinations, qualifications of

examiners and the conditions of

admission to such examinations;"

The Karnataka Educational Institutions

(Prohibition of Capitation Fee) Act, 1984.

This was enacted to prohibit the collection of capitation fee for admission to educational institutions in the State of karnataka. The preamble to the Act recited that collection of capitation fee for admission of students in educational institutions was wide spread in the State and this undesirable practice was not conducive to the maintenance of educational standards beside it was contributing to large scale of commercialisation of education. Educational institution has been defined in clauses (c) of Section 3, which means any institution by whatever name called, whether managed by Government, private body, local authority, trust, University or any other person carrying on the activity of imparting education in medicine or engineering leading to a degree conferred by a University established under the Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976) and any other educational institution, or class or classes of such institution, as the Government may, by notification specify.

Section 4 regulates the admission to educational institutions etc. and is as under :-

"4. Regulations of admission to

educational institutions etc. -

Subject to such rules, or general

or special orders, as may be made

by the Government in this behalf

and any other law for the time

being in force, -

(1) (a) the minimum qualification

for admission to any course of

study in an educational institution

shall be such as may be specified

by -

(i) the University, in the case of

any course study in an educational

institution maintained by or

affiliated to such University:

Provided that the Government may,

in the interest of excellence of

education, fix any higher minimum

qualification for any course of

study;

(ii) the Government, in the case of

other courses of study in any other

educational institution;

(b) the maximum number of students

that could be admitted to a course

of study in an educational

institution shall be such as may be

fixed by the Government from time

to time;

(2) in order to regulate the

capitation fee charged or collected

during the period specified under

the proviso to section 3, the

Government may, from time to time,

by general or special order,

specify in respect of each private

educational institution or call or

classes of such institution.

(a) the number of seats set apart

as Government seats:

(b) the number of seats that may be

filled up by the management of such

institution;

(i) from among Karnataka students

on the basis of merit, on payment

of such cash deposits refundable

after such number of years, with or

without interest as may be

specified therein, but without the

payment of capitation fee; or

(ii) at the discretion:

Provided that such number of seats

as may be specified by the

Government but not less than fifty

per cent of the total number of

seats referred to in clauses (a)

and (b) shall be filled from among

Karnataka students.

Explanation. - For the purposes of

this section Karnataka students

means persons who have studied in

such educational institutions in

the State of Karnataka run or

recognised by the Government and

for such number of years as the

Government may specify;

(3) an educational institution

required to fill seats in

accordance with item (i) of sub-

clause (b) of clause (2) form a

committee to select candidates for

such seats. A nominee each or the

Government and the University to

which such educational institution

is affiliated shall be included as

members in such committee."

KARNATAKA STATE UNIVERSITY ACT, 1976

"Section 53.

(1) Colleges within the University

area may, on satisfying the

conditions specified in this

section, be affiliated to the

University as affiliated Colleges

by the University on the

recommendations made by the State

Government.

(2) A college applying for

affiliation to the University shall

send an application to the

Registrar within the time limit

fixed by Ordinances and shall

satisfy the Syndicate and the

Academic Council.

(a) .....

(b) .....

(c) that the strength and

qualifications of the teaching

staff and the conditions governing

their tenure of office are such as

to make due provision for the

courses of instruction, teaching or

training to be undertaken by the

college.

(d) That the building in which the

college is to be located are

suitable and that provision will be

made in conformity with the

Ordinances for the residence in the

college or in lodgings approved by

the college, for students not

residing with their parents or

guardians and for the supervision

and welfare of students.

(e) That due provision has been

made or will be made for a library.

(f) Where affiliation is sought in

any branch of experimental science,

that arrangements have been or will

be made in conformity with the

Statutes, Ordinances and

Regulations for importing

instruction in the branch of

science in a properly equipped

laboratory or museum;

(g) ......

(h) That the financial resources of

the college are such as to make due

provision for its continued

maintenance and efficient working,

and

(i) ......

10.(a) No admission of students

shall be made by a new college

seeking affiliation to any

University or by an existing

college seeking affiliation to a

new course of study to such

course, unless, as the case may be,

affiliation has been granted to

such new college or to the existing

college in respect of such course

of study.

(b) The maximum number of students

to be admitted to a course of study

shall not exceed the intake fixed

by the University or the

Government, as the case may be and

any admission made after this

section came into force in excess

of the intake shall be invalid.

(c) No student whose admission has

become invalid under (b) shall be

eligible to appear not shall be

presented by the college to appear

at any examination conducted by the

University."

Section 33 of the Medical Council Act empowers the Medical Council to frame regulations with the previous sanction of the Central Government to carry out the purposes of the Medical Council Act. In exercise of this power Medical Council framed regulations after approval by the Central Government providing for minimum standard requirements for a medical college adopting admission on the basis of admitting 100 students annually as the base. The regulations are in three parts - Part-I deals with accommodation in the college and its associated teaching hospitals; Part-II deals with staff (both teaching and technical) and Part-III deals with equipment in the college departments and in the hospitals. These regulations are quite in detail. Again under Section 33, the Medical Council framed regulations prescribing qualifications for appointment of persons to the posts of teachers and visiting physicians/surgeons, etc. in medical colleges and attached hospitals for under-graduate and post-graduate teaching. These regulations are also framed after approval by the Central Government. The Medical Council then framed regulations in exercise of power conferred upon it by Section 10A read with Section 33 of the Medical Council Act and with the previous approval of the Central Government. These regulations relate to the establishment of new medical colleges, opening of higher posts of studies and increase of admission capacity of the medical colleges. The regulations came into force w.e.f. September 20, 1993. These regulations provide that maximum number of admission in MBBS course should not exceed 150 annually. It is the Central Government which permits the increase in admission capacity on the recommendation of the Medical Council.

Till January 3, 1977 education was a State subject under Entry 11 in List II (Entry 11 - "education including universities, subject to the provisions of entries 63, 64, 65 and 66 of List I and Entry 25 of List III"). By the 42nd Constitutional Amendment Act 1976 Entry 11 was deleted and it was placed in the Concurrent List by enlarging the existing Entry 25. Relevant entries 63 to 66 of List I (Union List) and entries 25 and 26 of List III (Concurrent List) in the Seventh are as under :-

List I (Union List)

"63. The institutions known at the

commencement of this Constitution

as the Benares Hindu University,

the Aligarh Muslim University and

the [Delhi University; the

University established in pursuance

of article 371E] any other

institution declared by Parliament

by law to be an institution of

national importance.

64. Institutions for scientific or

technical education financed by the

Government of India wholly or in

part and declared by Parliament by

law to be institutions of national

importance.

65. Union agencies and institutions

for -

(a) professional, vocational or

technical training, including the

training of police officers; or

(b) the promotion of special

studies or research; or

(c) scientific or technical

assistance in the investigation or

detection of crime.

66. Co-ordination and determination

of standards in institutions for

higher education or research and

scientific and technical

institutions."

List III (Concurrent List)

"25. Education, including technical

education, medical education and

universities, subject to the

provisions of entries 63, 64, 65

and 66 of List I; vocational and

technical training or labour.

26. Legal, medical and other

professions."

Scope of Entry 66 of list I was construed by 6 Judge Bench judgment of this Court in The Gujarat University, Ahmedabad vs. Krishna Ranganath Madholkar and others (1963 Supp. (1) SCR 112). The question for determination before the Court was (1) whether the Gujarat University had the power under the Gujarat University Act to prescribe Gujarati or Hindi or both as exclusive medium or media of instructions and examination and (2) whether legislation authorising the University to impose such media was constitutionally valid in view of Entry 66 of List I of the Seventh Schedule to the Constitution. The controversy raised in that case would, however, not survive after the 42nd Amendment when Entry 11 of List II has been deleted. Reading Entry 11 List II as it existed the Court said that power of the State to legislate in respect of education including Universities must to the extent to which it is entrusted to the Union Parliament, whether such power is exercised or not, is deemed to be restricted. If a subject of legislation is covered by entries 63 to 66 even if it otherwise falls within the larger field of "education including Universities" power to legislate on that subject must lie with the Parliament. Entry 11 of List II and Entry 66 of List I must be harmoniously construed. The two entries undoubtedly overlap: but to the extent of overlapping, the power conferred by Entry 66 of List I must prevail over the power of the State under Entry 11 of List II. It is manifest that excluded heads deal primarily with education in institutions of national or special importance and institutions of higher education including research, science, technology and vocational training of labour. The Court held as under :-

"The State has the power to

prescribe the syllabi and courses

of study in the institutions named

in Entry 66 (but not falling within

entries 63 to 65) and as an

incident thereof it has the power

to indicate the medium in which

instruction should be imparted. But

the Union Parliament has an

overriding legislative power to

ensure that the syllabi and courses

of study prescribed and the medium

selected do not impair standards of

education or render the co-

ordination of such standards either

on an All India or other basis

impossible or even difficult. Thus,

though the powers of the Union and

of the State are in the Exclusive

Lists, a degree of overlapping is

inevitable. It is no t possible to

lay down any general test which

would afford a solution for every

question which might arise on this

head. On the one hand, it is

certainly within the province of

the State Legislature to prescribe

syllabi and courses of study and,

of course, to indicate the medium

or media of instruction. On the

other hand, it is also within the

power of the Union to legislate in

respect of media of instruction so

as to ensure co-ordination and

determination of standards, that is

to ensure maintenance or

improvement of standards. The fact

that the Union has not legislated,

or refrained from legislating to

the full extent of its powers does

not invest the State with the power

to legislate in respect of a matter

assigned by the Constitution to the

union. It does not, however, follow

that even within the permitted

relative fields there might not be

legislative provisions in

enactments made each in pursuance

of separate exclusive and distinct

powers which may conflict. Then

would arise the question of

repugnancy and paramountcy which

may have to be resolved on the

application of the "doctrine of

pith and substance" of the impugned

enactment. The validity of the

State legislation on University

education and as regards the

education in technical and

scientific institutions not falling

within Entry 64 of List I would

have to be judged having regard to

whether it impinges on the files

reserved for the Union under Entry

66. In other words, the validity of

State legislation would depend upon

whether it prejudicially affects

co-ordination and determination of

standards, but not upon the

existence of some definite Union

legislation directed to achieve

that purpose. If there be Union

legislation in respect of co-

ordination and determination of

standards, that would have

paramountcy over the State law by

virtue of the first part of Art.

254(1); even if that power be not

exercised by the Union Parliament

the relevant legislative entries

being in the exclusive lists, a

State law trenching upon the Union

field would still be invalid."

It further held :-

"Item No.66 is a legislative head

and in interpreting it, unless it

is expressly or of necessity found

conditioned by the words used

therein, a narrow or restricted

interpretation will not be put upon

the generality of the words. Power

to legislate on a subject should

normally be held to extend to all

ancillary or subsidiary matters

which can fairly and reasonably be

said to be comprehended in that

subject. Again there is nothing

either in item 66 or elsewhere in

the Constitution which supports the

submission that the expression "co-

ordination" must mean in the

context in which it is used merely

evaluation, co-ordination in its

normal connotation means

harmonising or bringing into proper

relation in which all the things

co-ordinated participate in a

common pattern of action. The power

to co-ordinate, therefore, is not

merely power to evaluate, it is a

power to harmonise or secure

relationship for concerted action.

The power conferred by item 66 List

I is not conditioned by the

existence of a state of emergency

or unequal standards calling for

the exercise of the power.

There is nothing in the entry which

indicates that the power to

legislate on co-ordination of

standards in institutions of higher

education, does not include the

power to legislate for preventing

the occurrence of or for removal of

disparities in standards. This

power is not conditioned to be

exercised merely upon the existence

of a condition of disparity nor is

it a power merely to evaluate

standards but not to take steps to

rectify or to prevent disparity. By

express pronouncement of the

Constitution makers, it is a power

to co-ordinate, and of necessity,

implied therein is the power to

prevent what would make co-

ordination impossible or difficult.

The power is absolute and

unconditional, and in the absence

of any controlling reasons it must

be given full effect according to

its plain and expressed intention."

Mr. Dave appearing for the Medical Council submitted that this Court in Nivedita Jain’s case did not say that all the Regulations framed by the Medical Council under Section 33 of the Medical Council Act were directory. He said that the Court in that case was considering Regulations 1 and 2 only and it had held that while Regulation 1 was mandatory, Regulation 2 was of directory character, i.e., it was recommendatory. Mr. Dave is correct in his submission. The Division Bench in the impugned fell into basic error in holding that this Court in Nivedita Jain’s case said as if all the Regulations were directory in nature. We may now examine that judgment and a few others cited at Bar.

In State of Madhya Pradesh and another vs. Kumari Nivedita Jain and others (1981 (4) SCC 296) there was challenge to the validity of the executive order passed by the State Government relaxing the conditions relating to the minimum qualifying marks for selection of students to medical colleges of the State in respect of candidate belonging to Scheduled Castes and Scheduled Tribes categories being violative of the Regulations framed under Section 33 of the Indian Medical Council Act, 1956. The Court referred to the object of the Act and to its various provisions relevant being Sections 19 and 19A of the Medical Council Act. Nivedita Jain, who was a candidate for admission to the medical college in the State of Madhya Pradesh, contended that the order of the State Government, lowering the qualifying marks for Scheduled Castes and Scheduled Tribes candidates for admission to medical colleges, contravened Regulation II and would be hit by Section 19 of the Medical Council Act exposing the medical colleges to the risk of being recognised. High Court had struck down the Government’s order being violative of Regulation II which had the force of a statute. This Court considered Regulations I and II. While Regulation I provided for admission to medical course stating that no candidate shall be allowed to be admitted to the medical curriculum proper until he had attained certain age and had passed certain examination, Regulation II provided for selection of students and it said that selection of students to a medical college should be based solely on merit of the candidate and it laid certain criteria to be adopted uniformly throughout the country for the determination of merit. This Court observed as under :-

"Regulation I prescribed the

eligibility f a candidate for

admission to medical courses. For

maintaining proper standards in

Medical Colleges and Institutions

it comes within the competence of

the Council to prescribe the

necessary qualification of the

candidates who may seek admission

into the Medical Colleges. As this

Regulation is within the competence

of the Council, the Council has

framed this Regulation in a manner

which leaves no doubt that this

Regulation is mandatory. The

language of this Regulation, which

starts with the words "no candidate

shall be allowed to be admitted to

the medical curriculum until...",

make this position absolutely

clear. On the other hand the

language in Regulation II which

relates to s election of candidates

clearly goes to indicate that the

Council itself appears to have been

aware of the limitation on its

powers to frame any such regulation

regarding the procedure or process

of selection of candidates for

admission to the medical course out

of the candidates qualified or

eligible to seek such admission."

The Court said that it was of the opinion that the use of the words "should be" in Regulation II was deliberate and was intended to indicate the intention of the Medical Council that it was only in the nature of recommendation. Regulation I, which lays down conditions or qualifications for admission into medical course, comes within the competence of Medical Council under Section 33 of the Medical Council Act and it is mandatory and the Medical Council has used language to manifest the mandatory character clearly, whereas Regulation II, which deals with process or procedures for selection from amongst eligible candidates for admission, is merely in the nature of a recommendation and directory in nature, as laying down the process or procedure for selection or admission of candidates out of the candidates eligible or qualified for such admission under Regulation I. The Court said that from the provisions of the Medical Council Act it was apparent that the authority of the Medical Council extends to the sphere of maintaining proper medical standards in medical colleges or institutions necessary for obtaining recognised medical qualifications and by virtue of this authority it may be open to the Medical Council to lay down the minimum educational qualification required for the students seeking admission into medical colleges. Medical Council was authorized to prescribe minimum standards of medical education required for granting recognized medical qualification including standards of post-graduate medical education. The Medical Council Act envisages that if it appears to the Medical Council that the course of study and examination to be undergone in, or the proficiency required from students at any examination held by any university or medical institution do not conform to the standard prescribed by the Medical Council or that the staff, equipment, accommodation, training and other facilities for instructions and training provided in such university or medical institutions or in any college or other institution affiliated to that university do not conform to the standards prescribed by the Medical Council, it will make representation to that effect to the Central Government and on the consideration of the representation made by the Medical Council, the Central Government may take action in terms of the provisions contained in Section 19 of the Medical Council Act. The Medical Council Act also empowers the Medical Council to take various measures to enable it to judge whether proper medical standard is being maintained in particular institutions or not.

In Dr. Ambesh Kumar vs. Principal, L.L.R.M. Medical College, Meerut and others (1986 (Supp.) SCC 543) there were challenge to an order of the State Government laying down qualifications regarding eligibility of a candidate to be considered for admission to the post-graduate degree in M.D., M.S. and diploma course in M.D., M.S. etc. on the basis of merit in accordance with the Regulations made under the Indian Medical Council Act. It was contended that the order of the State was invalid as it encroached upon Entry 66 of List I of the Seventh Schedule to the Constitution. The State Government had issued a notice inviting applications for admission to various post-graduate courses in degree and diploma in different specialities of the medical colleges. In para 4 of the said notice it was specifically stated that the minimum eligibility qualification of the applicants would be according to the recommendations of Medical Council of India. Over and above what the Regulation of the Medical Council has prescribed the State Government laid the following provision :-

"No candidate shall be eligible for

admission to post-graduate degree

or diploma course, who has obtained

less than 55 per cent and 52 per

cent marks respectively, for the

two courses (degree & diploma) in

merit calculated in accordance with

para 2 of the said notice."

This Court considered the question so raised and upheld the Government’s order with the following observations:-

"20. The only question to be

considered is whether the impugned

order is repugnant to or encroaches

upon or it is in conflict with the

power of the Central legislature to

make laws in respect of matters

specified in Entry 66 of List I of

the Seventh Schedule to the

Constitution. The Indian Medical

Council pursuant to Section 33 of

the Indian Medical Council Act had

made certain recommendations which

have been embodied in the

Regulations made by the Central

Government laying down the criteria

or standards for admitting the

candidates to various post-graduate

disciplines in the Medical Colleges

of the State. These Regulations, as

has been quoted hereinbefore,

clearly prescribe that the

candidates should be selected

strictly on merit judged on the

basis of academic record in the

undergraduate courses i.e. MBBS

Course and this selection should be

conducted by the University. There

are also other eligibility

qualifications provided in the said

Regulations namely the candidates

must have obtained full

registration i.e. they must have

completed satisfactorily one year

of compulsory rotating internship

after passing the final MBBS

examination and also they must have

done one year’s housemanship prior

to admission to the post-graduate

degree or diploma course."

"22. In the instant case the number

of seats for admission to various

post-graduate courses both degree

and diploma in Medical Colleges is

limited and a large number of

candidates undoubtedly apply for

admission to these courses of

study. In such circumstances the

impugned order laying down the

qualification for a candidate to be

eligible for being considered for

selection for admission to the said

courses on the basis of the merit

as specified by Regulations made

under the Indian Medical Council

Act, cannot be said to be in

conflict with the said Regulations

or in any way repugnant to the said

Regulations. It does not in any way

encroach upon the standards

prescribed by the said Regulations.

On the other hand by laying down a

further qualification of

eligibility it promotes and

furthers the standards in an

institution."

In Osmania University Teachers’ Association vs. State of Andhra Pradesh and another (1987 (4) SCC 671) the question for consideration before the Court was if the Andhra Pradesh Commissionerate of Higher Education Act, 1966 was constitutionally valid being violative of Entry 66 List I or Entry 25 List III of the Seventh Schedule to the Constitution. The Court examined the relevant entries in List I and List III and said that the field to which impugned Act applied was already occupied by the University Grants Commission Act, passed by the Union Parliament. The impugned Act had established a Commissionerate which the Court said had practically taken over the academic programmes and activities of the Universities and Universities had been rendered irrelevant if not nonentities. The Court observed as under :-

"14. Entry 25 List III relating to

education including technical

education, medical education and

universities has been made subject

to the power of Parliament to

legislate under Entries 63 to 66 of

List I. Entry 66 List I and Entry

25 List III should, therefore, be

read together. Entry 66 gives power

to Union to see that a required

standard of higher education in the

country is maintained. The standard

of Higher Education including

scientific and technical should not

be lowered at the hands of any

particular State or States.

Secondly, it is the exclusive

responsibility of the Central

Government to co-ordinate and

determine the standards for higher

education. That power includes the

power to evaluate, harmonise and

secure proper relationship to any

project of national importance. It

is needless to state that such a

co-ordinate action in higher

education with proper standards, is

of paramount importance to national

progress. It is in this national

interest, the legislative field in

regard to ’education’ has been

distributed between List I and List

III of the Seventh Schedule.

15. The Parliament has exclusive

power to legislate with respect to

matters included in List I. The

State has no power at all in regard

to such matters. If the State

legislates on the subject falling

within List I that will be void,

inoperative and unenforceable.

xxx xxx xxx xxx

25. It is apparent from this

discussion that the Commissionerate

Act has been drawn by the large in

the same terms as those of the UGC

Act. The Commissionerate Act, as we

have earlier seen also contains

some more provisions. Both the

enactments, however, deal with the

same subject matter. Both deal with

the co-ordination and determination

of excellence in the standards of

teaching and examination in the

Universities. Here and there, some

of the words and sentences used in

the Commissionerate Act may be

different from those used in the

UGC Act, but nevertheless, they

convey the same meaning. It is just

like referring to the same person

with (sic by) different

descriptions and names. The

intention of the legislature has to

be gathered by reading the statute

as a whole. That is a rule which is

now firmly established for the

purpose of construction of

statutes. The High Court appears to

have gone on a tangent. The High

Court would not have fallen into an

error if it had perused the UGC Act

as a whole and compared it with the

Commissionerate Act or vice versa."

Mr. Reddy, appearing for the State of Karnataka, referred to a decision of this Court in Ajay Kumar Singh and others vs. State of Bihar and others (1994 (4) SCC 401). In this case the Court was considering the question of permissibility of providing reservations under clause (4) of Article 15 of the Constitution in post-graduate medical courses in the State of Bihar. The State Government had issued a prospectus relating to post-graduate medical admission test, 1992 providing reservation in favour of socially and educationally backward classes, Scheduled Castes, Scheduled Tribes and women. One of the contentions raised was that the Regulations made by the Medical Council prescribed reservation of seats in post-graduate medical courses on any grounds whatsoever and that the Regulation being statutory in nature prevailed over the executive orders made by the State of Bihar in exercise of executive powers. The Court again considered the relevant entries in Lists I and III of Seventh Schedule to the Constitution and the provisions of the Medical Council of India Act and the Regulations framed under Section 33 of that Act. The Court observed as under :-

"18. A review of the provisions of

the Act clearly shows that among

other things, the Act is concerned

with the determination and

coordination of standards of

education and training in medical

institutions. Sections 16, 17 18

and 19 all speak of "the courses of

study and examinations to be

undergone" to obtain the recognised

medical qualification. They do not

speak of admission to such courses.

Section 19-A expressly empowers the

council to "prescribe the minimum

standards of medical education"

required for granting undergraduate

medical qualification. So does

Section 20 empower the council to

prescribe standards of postgraduate

medical education but "for the

guidance of universities" only. It

further says that the council "may

also advise universities in the

matter of securing uniform

standards for postgraduate medical

education throughout India". (The

distinction between the language of

Section 19-A and Section 20 is also

a relevant factor, as would be

explained later.) Clause (j) of

Section 33 particularises the

subjects with respect to which

Regulations can be made by the

council. It speaks of the courses

and period of study and the

practical training to be undergone

by the students, the subjects of

examination which they must pass

and the standards of proficiency

they must attain to obtain the

recognised medical qualifications

but it does not speak of admission

to such courses of study. Indeed,

none of the sections aforementioned

empower the council to regulate or

prescribe qualifications or

conditions for admission to such

courses of study. No other

provision in the Act does. It is

thus clear that the Act does not

purport to deal with, regulate or

provide for admission to graduate

or postgraduate medical courses.

Indeed, insofar as postgraduate

courses are concerned, the power of

the Indian Medical Council to

"prescribe the minimum standards of

medical education" is only advisory

in nature and not of a binding

character. In such a situation, it

would be rather curious to say that

the Regulations made under the Act

are binding upon them. The

Regulations made under the Act

cannot also provide for or regulate

admission to postgraduate courses

in any event."

The Court then said that the Regulations made by the Medical Council speak generally of students for postgraduate training being selected "strictly on merit judged on the basis of academic record in the undergraduate course". This, the Court said, was more in the nature of advice and not in binding direction and went to observe as under :-

"The Regulation does not say that

no reservations can be provided

under Article 15(4). The power

conferred upon the State by clause

(4) of Article 15 is a

constitutional power. The said

power obviously could not have been

overridden or superseded by a

Regulation made by the Indian

Medical Council under the Act. The

Regulation must be read consistent

with Article 15(4) and if so read,

it means that the students shall be

admitted to postgraduate training

strictly on the basis of merit in

each of the relevant classes or

categories, as the case may be. Any

other construction seeking to give

an absolute meaning to the said

Regulation would render it invalid

both on the ground of travelling

beyond the Act. It may also fall

foul of Article 15(4)."

The Court also referred to an earlier decision in Nivedita Jain’s case (1981 (4) SCC 296) where, as noted in that case, this Court said that Regulation II was directory and did not have any mandatory force. Whether a Regulation is directory or mandatory will depend upon the language used in the Regulation and the object of the Act it seeks to achieve.

Mr. Rama Jois, appearing for J.N. Medical College, Belgaum, respondent No. 16, submitted that if the State or the University has fixed intake for admission to medical college as on June 1, 1992 that would continue to hold good unless the medical college asks for increase. He said that even if the Medical Council had passed production of the seats existing on June 1, 1992 it could do so only after notice and after hearing the medical college. He submitted that in the letter of the Central Government to the Secretary, Medical Council, which is dated January 19, 1994, clarification was given as to the word "established" mentioned in Section 10-A of the Medical Council Act, as amended. In this letter the opinion of the Ministry of Law, Justice and Company Affairs (Department of Legal Affairs) was communicated, which was to the following effect :-

"The provisions of Section 10-A of

the IMC (Amendment) Act, 1993 will

not apply to those colleges who

have obtained all necessary

statutory/ administrative approvals

from the respective authorities and

where admission procedure was

commenced prior to 1st June, 1992.

This would imply that all those

Medical Colleges who have started

the admission procedure prior to

1.6.1992, after taking the

following permission, will be

outside the purview of ’Amendment’

Act;-

(i) Permission of the concerned

State Government.

(ii) Affiliation of the concerned

University.

This would also apply to cases of

increase in admission capacity in

Medical Colleges and starting of

new Post Graduate Medical Courses."

He said there were further answers to queries raised by the Medical Council in this letter, which showed that Section 10-A would not be applicable in case admission procedure was commenced prior to June 1, 1992. In support of his submission that such a clarification will be binding on the Medical Council Mr. Rama Jois referred to a decision of this Court in K.P. Varghese vs. Income Tax Officer, Ernakulam and another (1981 (4) SCC 173). In this case Central Board of Direct Taxes issued two circulars which were binding on the Tax Department in administering or executing a certain provision in the Act. The Court said that quite apart from the binding of the circulars "they are clearly in the nature of contemporanea expositio furnishing legitimate aid in the construction of sub-section (2). The rule of construction by reference to contemporanea expositio is a well established rule for interpreting a statute by reference to the exposition it has received from contemporary authority, though it must give way where the language of the statute is plain and unambiguous". We do not think that the aforesaid decision of the Supreme Court under the Income-tax Act, 1961 would be applicable to the clarification issued by the Central Government in its letter dated January 19, 1994. Section 119 of the Income-tax Act, 1961 empowers the Central Board of Direct Taxes to issue such orders, instructions and directions to other Income-tax authorities as it may deem fit for the proper administration of that Act. The powers which the Central Board of Direct Tax exercise under Section 119 of the Income-tax Act, 1961 are statutory in nature. A court is, however, not bound by any clarification that may be issued by the Central Government or any other authority interpreting a certain provision of law. We may, however, note that in the case of J.N. Medical College, we are told, that certain proceedings are pending either in the Karnataka High Court or before the Medical Council regarding the number of seats for admission to the College. It is not necessary for us to comment on those proceedings.

The Indian Medical Council Act is relatable to Entry 66 of List I (Union List). It prevails over any state enactment to the extent the State enactment is repugnant to the provision of the Act even though the State Acts may be relatable to Entries 25 or 26 of List III (Concurrent List). Regulations framed under Section 33 of the Medical Council Act with the previous sanctions of the Central Government are statutory. These regulations are framed to carry out the purposes of the Medical Council Act and for various purposes mentioned in Section 33. If a regulation falls within the purposes referred under Section 33 of the Medical Council At, it will have mandatory force. Regulations have been framed with reference to clauses (fa), (fb) and (fc) (which have been introduced by the Amendment Act of 1993 w.e.f. August 27, 1992) and clauses (j), (k) and (l) of Section 33.

Considering the law laid by this Court in aforementioned judgments and provisions of law, we do not think that the dispute raised by the State of Karnataka is any longer re integra.

Proceedings before the learned single Judge started on a complaint received through post wherein it was alleged that Medical Colleges in the State of Karnataka had been permitted by the State Government to admit students far in excess of the admission capacities fixed by the Medical Council and that this was so despite the directions issued by the Medical Council in its letter dated November 21, 1994 to the State Government, copied of which were also sent to the Director of Medical Education and to the Principals and Deans of the Medical colleges inviting their attention to the provisions of Sections 10A,10B, and 10c of the Medical Council Act which amendment came into effect from August 27, 1992. In this letter of the Medical colleges in the State of Karnataka were admitting students in excess of the number of students fixed by the Medical Council because of the orders of the Karnataka Government. The letter gave details of the admission capacity fixed by the Medical Council and their sanction by the State and yet the admission of students in some colleges was over and above the strength that was fixed by the State Government. A direction, therefore, was issued to take corrective steps and to reduce the excess number of admissions being made in the medical colleges in the State to the number as approved by the Medical Council. By letter dated August 24, 1995, the Central Government informed the State Government that if there was any proposal to increase the admission capacity in medical colleges, it was required to be submitted to the Central Government in the prescribed format. The State Government was, therefore, requested to submit the proposal to increase the admission capacity college-wise to the Central Government. Since there was no response to the request made by the Medical Council to reduce the admission capacity to that fixed by the Medical Council, it requested the Central Government by its letter dated August 20, 1996 for taking penal action under Section 19 of the Medical Council Act for the purpose of derecognising the medical qualifications granted by the universities in the State. Pleas of the State Government and colleges in the State were that the Medical Council had n statutory authority under the Medical Council Act or any other existing law to fix the admission capacity of the medical colleges in the State and that even Sections 10A, 10B and 10c did not vest any such power in the Medical Council and further that even after June 1, 1992 or for that matter August 27, 1992, the power to fix the admission capacity of a medical college could be traced only to the State Government under Section 53(10) of the Karnataka Universities Act, 1976 read with Section 4(1) (b) of the Capitation Fee Act. Learned single Judge did not find any merit in any of these pleas raised by the respondents and allowed the writ petition as aforesaid. As noted above on appeal by the State of karnataka, the Division Bench in its impugned judgment partly allowed the same.

The State Acts, namely, Karnataka Universities Act and Karnataka Capitation Fee Act must give way to the central Act, namely, the Indian Medical Council Act, 1956. Karnataka Capitation Fee Act was enacted for the sole purpose of regulation in collection of capitation is empowered to fix the maximum number of students that can be admitted but that number cannot be over and above that fixed by the Medial Council as per the Regulations. Chapter IX f the Karnataka Universities Act, which contains provision for affiliation of colleges and recognition of institutions, applies to all types of colleges and not necessarily to professional colleges like medical colleges. Sub-section (10) of Section 53, falling in Chapter IX of this Act, provides for maximum number of students to be admitted to course for studies in a college and that number shall not exceed the intake fixed by the University or the Government. But this provision has again to be read subject to the intake fixed by the Medical Council under its Regulations. It is the Medical Council which is primarily responsible for fixing standards of medical education and over-seeing that these standards are maintained. It is the Medical Council which is the principal body to lay down conditions for recognition of medical colleges which would include the fixing of intake for admission to a medical college. We have already seen in the beginning of this judgment various provisions of the Medical Council Act. It is, therefore, the Medical Council which in effect grants recognition and also withdraws the same. Regulations under Section 33 of the Medical Council Act, which were made in 1977, prescribe the accommodation in the College and its associated teaching hospitals and teaching and technical staff and equipment in various departments in the college and in the hospitals. These Regulations are in considerable details. Teacher-student ratio prescribed is 1 to 10 exclusive of the professor or head of the department. Regulations further prescribe, apart from other things, that number of teaching beds in the attached hospitals will have to be in the ratio of 7 beds per student admitted. Regulations of the Medical Council, which were approved by the Central Government in 1971, provide for the qualification requirements for appointments of persons to the posts of teachers and visiting Physician/Surgeons of medical colleges and attached hospitals.

In the colleges in the State of Karnataka, the Medical Council prescribed the number of admissions that these colleges could take annually on the basis of these regulations. Without permission of the Medical Council, the number of admissions could not be more than that prescribed at the time of granting recognition to the college. However, it appears that in violation of the provisions of the Medical Council Act, the universities and the State Government have been allowing increase in admission intake in the medical colleges in the State in total disregard of the regulations and rather in violation thereof. These medical colleges cannot admit students over and above the intake fixed by the Medical Council. These colleges have acted illegally in admitting more students than prescribed. Universities and the State Government had no authority to allow increase in the number of admissions in the medical colleges in the State. When regulations prescribed that number of teaching beds will have to be in the ratio of 7 beds per student admitted any increase in the number of admissions will have corresponding increase in the teaching beds in the attached hospital. These regulations have been over-looked by the universities and the State Government in allowing admissions over and above that fixed by the Medical Council. Respondents have not produced any document to show that increase in admission capacity to medical colleges over that fixed by the Medical Council has any relation to the existence of relevant infrastructure in their respective colleges and that there is also corresponding increase in number of beds for students in the attached hospitals. Standards have been laid by the Medical Council, an expert body, for the purpose of imparting proper medical education and for maintaining uniform standards of medical education through out the country. Seats in medical colleges cannot be increased indiscriminately without regard to proper infrastructure as per the Regulations of the Medical Council.

A medical student requires gruelling study and that can be done only if proper facilities are available in a medical college and hospital attached to it has to be well equipped and teaching faculty and doctors have to be competent enough that when a medical student comes out he is perfect in the science of treatment of human being and is not found wanting in any way. Country does not want half-baked medical professionals coming out of medical colleges when they did not have full facilities of teaching and were not exposed to the patients and their ailments during the course of their study. The Medical Council, in all fairness, does not wish to invalidate the admissions made in excess of that fixed by it and does not wish to take any action of withdrawing recognition of the medical colleges violating the regulation. Henceforth, however, these medical colleges must restrict the number of admissions fixed by the Medical Council. After the insertion of Sections 10A, 10B and 10C in the Medical Council Act, the Medical Council has framed regulations with the previous approval of the Central Government which were published in the Gazette of India dated September 29, 1993 (though the notification is dated September 20, 1993). Any medical college or institution which wishes to increase the admission capacity in MBBS/higher courses (including diploma/degree/higher specialities) has to apply to the Central Government for the permission along with the permission of the State Government and that of the university with which it is affiliated and in conformity with the regulations framed by the Medical Council. Only the medical college or institution which is recognised by the Medical Council can so apply.

Having thus held that it is the Medical Council which can prescribe the number of student to be admitted in medical courses in a medical college or institution it is the Central Government alone which can direct increase in the number of admissions but only on the recommendation of the Medical Council. In our opinion, the learned single Judge was right in his view that no medical college can admit any student in excess of its admission capacity fixed by the Medical Council subject to any increase thereof as approved by the Central Government and that Sections 10A, 10B and 10C will prevail over Section 53(10) of the State Universities Act and Section 41(b) of the State Capitation Fee Act. To say that the number of students as permitted by the State Government and or University before June 1, 1992 could continue would be allowing an illegality to perpetuate for all time to come. The Division Bench, in our opinion, in the impugned judgment was not correct in holding that admission capacity for the purpose of increase or decrease in each of the medical colleges/institutions has got to be determined as on or before June 1, 1992 with reference to what had been fixed by the State Government or the admission capacity fixed by the medical colleges and not with reference to the minimum standard of education prescribed under Section 19A of the Medical Council Act which the Division Bench said were only recommendatory. Nivedita Jain’s case does not say that all the regulations framed by the Medical Council with the previous approval of the Central Government are directory or more recommendatory. It is not that only future admission will have to be regulated on the basis of capacity fixed or determined by the Medical Council. Plea of the State Government that power to regulate admission to medical colleges is prerogative of the State has to be rejected.

What we have said about the authority of the Medical Council under the Indian Medical Council Act would equally apply to the Dental Council under the Dentists Act.

Accordingly, appeal by the Medical Council of India (SLP (C) No.14839/97) is allowed and the impugned judgment of the Division Bench is set aside and we restore the judgment of the learned single Judge. Other appeals by the State of Karnataka (SLP (C) No.20035/97) and Rajiv Gandhi Dental College (SLP (C) No.5471/98) are dismissed. Medical Council of India shall be entitled to costs.

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