P.C. KESAVAN KUTTYNAYAR ETC. ETC versus HARISH BHALLA AND ORS.

P.C. KESAVAN KUTTYNAYAR ETC. ETC versus HARISH BHALLA AND ORS.

Prima facie, the Central Government does not have power to issue such permissions for increase in intake or renewal when the college is not complying with the requirements of the Indian Medical Council Act, 1956 and the regulations framed by the Medical Council of India. Statutory procedure under Section 10A must be followed and permissions cannot be granted bypassing the Medical Council.

Parties
Appellants: P.C. Kuttynayar and others; Respondents: Harish Bhalla and others
Jurisdiction
India
Judgment Date
23 September 2003
Procedural Posture
Civil Appeals and Writ Petition / Interlocutory Application and Interim Orders in Pending Appeals and Writ Petition
Outcome
Interim relief granted; directions issued
Legal Topics
Medical Colleges Admissions, Government Permissions Under Indian Medical Council Act, Powers and Procedure for Increasing Student Intake, Compliance With Medical Council Regulations, Delegation of Powers Under Statute
Medical Education Law Administrative Law Medical Colleges Admissions Government Permissions Under Indian Medical Council Act Powers and Procedure for Increasing Student Intake Compliance With Medical Council Regulations Delegation of Powers Under Statute

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Parties

P.C. Kuttynayar and others

Appellants

Harish Bhalla and others

Respondents

Procedural Posture

Civil Appeals and Writ Petition / Interlocutory Application and Interim Orders in Pending Appeals and Writ Petition

Legal Issues

  1. 1 Whether the Central Government can permit increase in student strength or renewal of permission for medical colleges without compliance with requirements under the Indian Medical Council Act and Regulations?
  2. 2 Whether such permissions can be granted by bypassing the Medical Council of India?

Ratio Decidendi

Prima facie, the Central Government does not have power to issue such permissions for increase in intake or renewal when the college is not complying with the requirements of the Indian Medical Council Act, 1956 and the regulations framed by the Medical Council of India. Statutory procedure under Section 10A must be followed and permissions cannot be granted bypassing the Medical Council.

Court Disposition

Interim relief granted; directions issued

Orders

  • Medical Council of India to conduct inspections in relevant colleges within four weeks to verify compliance with the Act and regulations.
  • Central Government restrained from granting further permissions for increase of student strength/renewal without strict compliance with procedure under Section 10A.