DR.B.R AMBEDKAR MEDICAL COLLEGE Vs U.O.I
Bench: K.S. RADHAKRISHNAN,A.K. SIKRI
Case number: W.P.(C) No.-000580-000580 / 2013
Diary number: 22750 / 2013
Advocates: KUSH CHATURVEDI Vs
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 580 OF 2013
Dr. B. R. Ambedkar Medical College & Ors. ..
Petitioners
Versus
Union of India & Another .. Respondents
WITH
SLP (CIVIL) NO. 24693 OF 2013
J U D G M E N T
K. S. RADHAKRISHNAN, J.
1. Petitioners have approached this Court invoking the
extraordinary jurisdiction of this Court under Article 32 of the
Constitution of India seeking a Writ of Certiorari to quash the
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Corrigendum Notification No. 37(1)2013/One Time
Permission/Med./19355, in so far as it confines the benefits of -
the “Enhancement of Annual Intake Capacity in Undergraduate
Courses in Medical College for the Academic Session 2013-14
only Regulations 2013” (in short “Regulations 2013”), issued
vide notification dated 8.7.2013, to the Government Medical
Colleges only, as unconstitutional, being ultra vires of Article 14
of the Constitution of India.
2. Petitioners in all these petitions submit that they are all
well established private unaided medical institutions in the
country running for more than 10 years with an annual intake
of 100 MBBS students, over and above, they are conducting PG
Degree and Diploma courses as well. Regulations 2013 was
issued on 8.7.2013 by the Medical Council of India (for short
“MCI”) with the intention of granting one-time permission to all
Government and Non-Government Medical Colleges with the
objective of enhancing the intake capacity of all the medical
colleges in the country, which was framed with the intention to
augment the human resources in medicine for attaining
optimum Doctor-Population ratio in the nation, without
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compromising on the prescribed minimum standards of medical
education.
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3. Petitioners have satisfied all the eligibility criteria laid
down in the above mentioned Regulations 2013, and after
having satisfied the eligibility criteria laid down, few of them
submitted an application to the MCI for enhancement of annual
intake of students, reference was made to one of such
applications dated 15.7.2013. While so, they came across a
Corrigendum issued by the Board of Governors of the MCI, on
the direction given by the Central Government, stating that
Regulations 2013 would be confined only to Government
medical colleges for the academic year 2013-14.
4. Learned senior counsel appearing for the writ petitioners
submitted that such corrigendum cannot override the statutory
Regulations 2013. Learned senior counsel submitted that the
object of the Regulations would be achieved only if the same is
made applicable uniformly to the Government as well as Non-
Government medical colleges in the country and that confining
the Regulations only to the Government medical colleges is
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discriminatory and violative of Article 14 of the Constitution of
India. In support of this contention, reference was made to the
judgments of this Court in Suraj Mall Mohta and Co. v. A. V.
-
Vishvanath Sastri (1955) 1 SCR 448 and State of West
Bengal v. Anwar Ali Sarkar 1952 SCR 284.
5. Shri Amit Kumar, learned counsel appearing for MCI
defended the issue of corrigendum stating that the same was
issued in public interest and also in the peculiar facts and
circumstances of the present case since the time limit fixed in
the Schedule to 2013 Regulations got expired. Learned counsel
also submitted that corrigendum was issued by the MCI on the
direction given by the Central Government under Section 3(c)
of the Indian Medical Council (Amendment) Act, 2010, which
enables the Central Government to give proper directions to
the MCI and the MCI is bound to give effect to those directions.
Learned counsel also explained the circumstances which led
the Central Government in issuing the letter dated 18.7.2013 to
the MCI. Learned counsel also submitted that, due to the
extreme necessity of completing the admission process, the
Board of Governors of the MCI could not have received
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applications from the private medical colleges for enhancing
the intake capacity during the academic year 2013-14. It is
under such circumstances, the Central Government had
directed the MCI to apply the modified time schedule for the
receipt of application -
and grant permission only to the Government medical colleges
for the academic year 2013-14. Learned counsel also pointed
out that MCI and the Central Government have to comply with
the time schedule fixed by this Court in various judgments for
admission of students as well. Reference was made to the
judgments of this Court in Mridul Dhar (Minor) and Another
v. Union of India and Others (2005) 2 SCC 65 and Priya
Gupta v. State of Chhattisgarh and Others (2012) 7 SCC
433.
6. Shri Sidharth Luthra, Additional Solicitor General
appearing on behalf of the Union of India, made available the
original files leading to the issue of the letter dated 18.7.2013
by the Central Government to the MCI and explaining the
circumstances under which it was decided to confine the
Regulations 2013 only to the Government medical colleges,
that too, taking into consideration the larger public interest.
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Shri Luthra also submitted that the direction given by the
Central Government vide letter dated 18.7.2013 is in
consonance with the Regulations and issued in exercise of the
powers conferred on it under Section 3(c) of the Indian Medical
Council Act, 1956.
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7. We have heard learned senior counsel on either side at
length. We need not reiterate the imperative need to follow the
time limit fixed by this Court in the matter of admission to
MBBS/BDS courses in Mridul Dhar case (supra) which was
done in the interest of students’ community, for admission to
the Post Graduate and Super Speciality courses. Timely
admission of the students to these courses is of utmost
importance so that the students would get quality and timely
education. In Mridul Dhar case (supra), this Court clearly
indicated that the time schedule for establishment of new
college or to increase intake in existing college shall be adhered
to strictly by all concerned, failing which defaulting party would
be liable to be personally proceeded with.
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8. In Priya Gupta v. State of Chhattisgarh and Others
(2012) 7 SCC 433, this Court has reiterated the necessity to
follow the time limit fixed by this Court. This Court went even to
the extent of indicating that failure to conform with the time
limit fixed by this Court shall be liable for action under the
provisions of the Contempt of Courts Act, 1971 read with Article
129 of the Constitution of India.
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9. In the light of the above mentioned judgments and the
various directions issued by this Court, we have to judge
whether the decision taken by the Central Government as well
as the MCI confining the Regulations 2013 only to the
Government medical colleges is arbitrary, illegal or
discriminatory in the peculiar circumstances of this case.
Regulations 2013 was issued by the MCI in exercise of its
powers conferred under Section 33(fa) of the Indian Medical
Council Act, 1956 with the previous sanction of the Central
Government. The object of the notification was to enhance the
intake capacity in the existing medical colleges so as to
augment human resources in medicine for attaining optimum
Doctor-Population ratio in the Nation, without compromising the
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prescribed minimum standards of medical education.
Regulation 3 deals with the eligibility to make an application,
which reads as under:
“3. Eligibility to make application.- (1) The application for enhancement of annual intake capacity in the existing Medical Colleges may be made by the organizations that have established the Medical College to the Board of Governors in Supersession of the Medical Council of India. The format of application for Government and non- governmental owned Medical College is prescribed in Schedule I appended to these Regulations. (2) Only such existing Medical Colleges shall be eligible to apply under these Regulations that enjoy minimum - ten years of standing from the date of grant of initial letter of permission by the Central Government and the MBBS qualification awarded by them stands included in the First Schedule of the Indian Medical Council Act, 1956 [Act No. 102 of 1956].
(3) The Medical Colleges with an annual intake of 50 or more but below 100 MBBS seats shall be eligible to apply for enhancement for annual intake capacity to 100, as one-time measure.
(4) The Medical Colleges with an annual intake of 100 or more but below 150 MBBS seats shall be eligible to apply for enhancement for annual intake capacity to 150, as one-time measure.
(5) Such Medical Colleges that have not been granted letter of permission by the Board of Governors in Super-session of the Medical Council of India in accordance with clause 8(1)(3)(d) of the Establishment of Medical College Regulations, 1999 [notified in the Official Gazette on 16.04.2010] and/or the person who has established the Medical College
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has been convicted by a Court of Competent jurisdiction in a criminal investigation initiated by the Central Bureau of Investigation or Police.”
10. Regulation 4 deals with the procedure to make application.
The time-schedule for receipt of application for enhancement of
annual intake capacity in under-graduate courses, is provided in
Schedule II appended to the Regulations, which reads as
follows:
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“SCHEDULE II
TIME-SCHEDULE FOR RECEIPT OF APPLICATION FOR ENHANCEMENT OF ANNUAL INTAKE CAPACITY IN
UNDERGRADUATE COURSES
S. No. Stage of Processing Last date
1. Receipt of applications by the Board of Governors in Super- session of the Medical Council of India
15.07.2013
2. Return of Incomplete application
20.07.2013
3. Grant of Letter of Permission by the Board of Governors in Supersession of the Medical Council of India
31.07.2013
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11. Schedule I of Regulations 2013 deals with the format of
application for Government and Non-government medical
colleges for making an application for enhancement of annual
intake capacity. Para 4 of the Form (Schedule I) as well as the
note attached to the said format also has relevance and the
same is as follows:
“SCHEDULE I FORM
(Suggested format for Applicants)
PROPOSED FORMAT OF UNDERTAKING TO BE OBTAINED FROM THE APPLICANT FOR ENHANCEMENT OF MBBS SEATS FROM ________ (Please specify existing intake capacity} to ________ (Please specify enhanced intake capacity)
- xxx xxx xxx xxx xxx xxx
4. The applicant assures that the compliance with the relevant Minimum Standard Requirement Regulations is mandatory for continuation of the batch of students and is in the interest of students. In case of any failure to meet the requirements of the Regulations the Central Government / Board of Governors in super-session of the Medical Council of India would be entitled in law to withdraw/revoke/cancel such permission.
Yours faithfully, [Applicant]
Note :
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Kindly enclose :
(a) duly attested copy of initial Letter of Permission and of subsequent renewals granted by the Central Government u/s 10A of the Indian Medical Council Act, 1956; and
(b) duly attested copy of the Gazette notification/Order of the Central Government including the MBBS qualification awarded by the applicant’s Medical College in the First Schedule of the Indian Medical Council Act, 1956.
The Undertaking in case of Government of State/Union Territory should be signed by the Chief Secretary.
The Undertaking in case of non-Governmental application should be on non-judicial stamp paper of Rs. 100 and should be made by President / Chairman /Vice Chancellor/ Managing Trustee of the Society/Trust and Managing Director of the Company. The Undertaking should inter alia state that:
- (a) the College has not been subject to clause 8 (3) (1) (d) of the Establishment of Medical College Regulations, 1999; and
(b) the person establishing the Medical College has not been convicted by a Court of competent jurisdiction in a criminal investigation initiated by the Central Bureau of Investigation or Police. The Undertaking should be duly attested by a First Class Magistrate.”
12. MCI, in their counter affidavit, stated that the above
mentioned notification dated 8.7.2013 was received by the
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Council Office only on 16.7.2013. By that time, the last date
fixed for receipt of application by the Board of Governors was
over, which was on 15.7.2013. Under such circumstances, the
MCI wrote a letter dated 17.7.2013 to the Government of India,
stating as follows:
“ xxx xxx xxx
In light of Gazette notification received on 16.07.2013 the time of receipt of application has already lapsed. Therefore, as per provisions as under [in the Establishment of Medical College Regulations, 1999]:
“The time schedule indicated above may be modified by the Central Government, for reasons to be recorded in writing, in respect of any class or category of applications.
Keeping in light the above statutory provisions, whereby the Central Government is empowered to modify the time schedule, it is proposed in order to - achieve the objective of enhancing the intake capacity in existing Medical Colleges, so as to augment the human resources in medicine for attaining optimum Doctor-population ratio in the nation, the above schedule may be modified to the following:
S. No. Stage of Processing Last Date Modified Dates
1. Receipt of applications by the Board of Governors in Super- session of the Medical Council of India
15.07.2013 24.07.2013
2. Return of Incomplete 20.07.2013 31.07.2013
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application 3. Grant of Letter of
Permission by the Board of Governors in Supersession of the Medical Council of India
31.07.2013 31.07.2013
It is requested that permission of Central Government to modify the Schedule as proposed above be granted, so as to enable the Council to further expedite the process. This modification, with the approval of Central Government can be carried out by public notice and need not be notified in the Official Gazette.
It is also brought to your kind attention that as the time-schedule for grant of letter of permission for establishment of new Medical Colleges and renewal of permission for increase of seats in existing Medical Colleges was extended to 15 July 2013, by the Hon’ble Supreme Court for he academic year 2013- 14 pursuant to an application moved by the Council in Priya Gupta’s case, an appropriate application is also required to be filed by the Council seeking permission - of the Hon’ble Supreme Court. Necessary steps are being taken by the Council in this regard.
Kindly grant permission at the earliest which will enable the Council to do the needful at the earliest.”
13. The MCI, therefore, requested the Government of India to
modify the time schedule and extend the last date of receipt of
application to 24.7.2013, since they could not receive the
applications by the various medical colleges prior to 15.7.2013,
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as the very Regulations 2013 dated 8.7.2013 was received by
the MCI only on 16.7.2013.
14. The Central Government considered the request and
pointed out that it would not be possible for the Board of
Governors of MCI to process all the applications preferred by
the Non-government medical colleges within the time fixed,
therefore, it decided to issued a corrigendum which modified
that the date of 24.7.2013 would apply only to Government
medical colleges.
15. We find no serious error in the view taken by the Central
Government confining Regulations 2013 to Government
medical colleges alone in view of strict time limit fixed in the
Schedule for receipt of applications i.e. 15.7.2013 and the
preremptory directions given by this Court in judgments
referred to above. -
We may make it clear that the time limit fixed for starting a
medical college as well as for additional intake are of extreme
importance, or else it may collide with the time limit fixed for
starting the academic session. If the time limit fixed in the
notification dated 8.7.2013 was to be adhered to strictly, the
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majority of the Non-government medical colleges could not
have applied, since the Regulations 2013 was received by the
MCI only on 16.7.2013 beyond the last date fixed for the receipt
of application by the Board of Governors of MCI.
16. We indicate that the main argument raised by the learned
senior counsel appearing for the Petitioners was that 2013
Regulations should have been made applicable equally to the
Government Medical Colleges as well as non-Government
Medical Colleges and there cannot be any discrimination
between them, otherwise the object sought to be achieved by
the Regulations would have been defeated. In our view, in a
given case power is vested with the Central Government to
modify the time schedule, in respect of at least one class or
category of applicants. We may in this connection refer to
Establishment of Medical College Regulations, 1999, which was
issued in exercise of powers conferred under Section 10A read
with Section 3 of the Indian -
Medial Council Act, which has recognised five categories of
organisations which are eligible to apply for starting a Medical
College as well as eligible to apply for further intake of seats.
Following are the categories :-
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1. A State Government/Union Territory;
2. A University;
3. An autonomous body promoted by Central and State Government by or under a Statute for the purpose of medical education;
4. A society registered under the Societies Registration Act, 1860 (21 of 1860) or corresponding Acts in States; or
5. A public religious or charitable trust registered under the Trust Act, 1882 (2 of 1882) or the Wakfs Act, 1954 (29 of 1954).
17. State Government/Union Territory can also set up a
Medical College and take additional intake of seats, apart from
the other categories mentioned above. In a given case, the
Central Government, for reasons to be recorded in writing, can
modify the time schedule in respect of any class or category of
applicants mentioned hereinbefore. Such a power has been
conferred on Central Government by virtue of Establishment of
Medical College Regulations (Amendment), 2012.
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18. The Establishment of Medical College Regulations, 1999,
as amended by Establishment of Medical College Regulations
(Amendment), 2012, provides for time schedule for grant of
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letter of permission by the Medical Council of India for
establishment of a Medical College as well as increase in
admission capacity in MBBS course. Schedule to the above
mentioned Regulations reads as follows :-
SCHEDULE
SCHEDULE FOR RECEIPT OF APPLICATIONS FOR ESTABLISHMENT OF NEW MEDICAL COLLEGES AND PROCESSING OF THE APPLICATIONS BY THE MEDICAL COUNCIL OF INDIA.
S.No. Stage of processing Last Date 1. Receipt of applications by the
Council From 1st August to 30th September (both days inclusive) of the year.
2. Issue of Letter of Intent by the Council
Upto 30th April
3. Receipt of reply from the applicant by the Council for consideration for issue of Letter of Permission
Upto 31st May
4. Issue of Letter of Permission by the Council
15th June
Note : The time schedule indicated above may be modified by the Central Government, for reasons to be recorded in writing, in respect of any class or category of applications.
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19. The note specifically indicates that the time schedule
could be modified by Central Government for reasons to be
recorded in writing in respect of any category, class of
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applicants which, in our view, could also be invoked in the case
of increase of annual intake as well. Resultantly, the Central
Government has the power to modify the date from 15.7.2013
to 24.7.2013 in respect of any class or category of applications.
So far as the present case is concerned, it is in exercise of that
statutory power, the Corrigendum has been issued by the
Central Government modifying the time schedule to the
Government Medical College alone out of the five categories
mentioned hereinbefore. We are not prepared to say favouring
the Government Medical College alone in such circumstances is
violative of Article 14 of the Constitution.
20. Central Government is also empowered under Section 3(c)
of Indian Medical Council Act, as amended in 2010, to issue
various directions to the Board of Governor of the the MCI,
which reads as follows :-
“3C. (1) Without prejudice to the provisions of this Act, the Board of Governors or the Council after its reconstitution shall, in exercise of its powers and in the performance of its functions under this Act, be bound by such directions on questions of policy, other - than those relating to technical and administrative matters, as the Central Government may give in writing to it from time to time;
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Provided that the Board of Governors or the Council after its reconstitution shall, as far as practicable, be given an opportunity to express its views before any direction is given under this subsection.
(2) The decision of the Central Government whether a question is a matter of policy or not shall be final.”
Board of Governors of the MCI is, therefore, bound by the
Corrigendum issued by the Central Government.
21. We notice that the above corrigendum extending the last
date was made applicable only to the Government medical
colleges recording the reason that the time would be very short
so as to process the applications by the MCI received from the
non-government medical colleges. We cannot say that the
decision taken by the Central Government is perverse, arbitrary
or unreasonable, so as to strike down the corrigendum issued
under the extra-ordinary jurisdiction of this Court under Article
32 of the Constitution of India.
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22. The petitions, therefore, lack in merits and are accordingly
dismissed.
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………………………….…J. (K. S. Radhakrishnan)
…………………………….J. (A. K. Sikri)
New Delhi, September 18, 2013