Mon. Sep 28th, 2020

Central Government’s permission enough for increasing the capacity in the recognised medical institution

2 min read

Supreme Court: The
question that arose before the bench of A.R. Dave and Kurian Joseph was that whether
recognition is also required for the admission capacity which is increased from
time to time or whether permission of the Central Government alone is required for
such an increase in the admission capacity in the recognized course, Once a
medical qualification granted by a medical institution in India is recognized
by the Central Government. Stating that recognition and permission are two
different things, the Court held that under the scheme of the Medical Council
Act, 1956 (the Act) permission is for the admission capacity and recognition is
for the course and the institution. Once a course and an institution is
notified in the First Schedule as per Section 11 of the Act as a recognized
course and a recognized institution, the admission capacity or its increase in
any recognized course needs only the permission of the Central Government as
per the scheme under Section 10A of the Act.

In the present
case, the petitioner was given the permission to increase it’s seats from 100
to 150 for the academic year 2013-14. However, it’s application seeking
increase in seats from 150 to 250 for the academic year 2014-15 was rejected by
the Medical Council of India on the ground that the earlier increase from 100
to 150 was not recognized. The Court held that neither the Act nor the Opening
of a New or Higher Course of Study or Training (including Post-graduate Course
of Study or Training) and Increase of Admission Capacity in any Course or Study
or Training (including a Post-graduate Course of Study or Training)
Regulations, 2000 did not provide for recognition of the admission capacity in
a recognized medical college for a recognized course. [Sree Balaji Medical
College and Hospital v. Union of India, decided on 06.08.2015]
Source: Legal news India

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