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

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

Prima facie, the Central Government does not have the power to grant permission for increase in strength or renewal for medical colleges which do not comply with the requirements of the Indian Medical Council Act, 1956 and Regulations. Where permission was already granted and admissions made, the Medical Council is directed to inspect colleges to verify compliance, and no further permissions shall be granted without following prescribed procedures.

Parties
Appellant: P.C. Kuttyna Yar; Respondent: Harish Bhalla and Ors.
Jurisdiction
India
Judgment Date
23 September 2003
Procedural Posture
Civil Appeal and Writ Petition / Interlocutory Order in Pending Appeals and Writ Petition
Outcome
Interlocutory/ad interim order issued; matters pending.
Legal Topics
Medical College Admission, Statutory Compliance, Medical Council Regulations, Central Government Powers
Education Law Health Law Administrative Law Medical College Admission Statutory Compliance Medical Council Regulations Central Government Powers

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Parties

P.C. Kuttyna Yar

Appellant

Harish Bhalla and Ors.

Respondent

Procedural Posture

Civil Appeal and Writ Petition / Interlocutory Order in Pending Appeals and Writ Petition

Legal Issues

  1. 1 Whether the Central Government can grant permission to increase strength/renew permission for medical colleges without compliance with the Indian Medical Council Act, 1956 and Regulations
  2. 2 Whether admissions given by colleges based on such government permissions are valid

Ratio Decidendi

Prima facie, the Central Government does not have the power to grant permission for increase in strength or renewal for medical colleges which do not comply with the requirements of the Indian Medical Council Act, 1956 and Regulations. Where permission was already granted and admissions made, the Medical Council is directed to inspect colleges to verify compliance, and no further permissions shall be granted without following prescribed procedures.

Court Disposition

Interlocutory/ad interim order issued; matters pending.

Orders

  • Medical Council of India is directed to carry out inspections in colleges where increase of strength/renewal was permitted by Central Government orders of August 2003, within four weeks.
  • Central Government is restrained from granting any further permission for increase in strength or renewal of medical colleges without following the statutory procedure under Section 10A(i)(ii)(iii) and (vii).