Case Note & Summary
The petitioner, Mahatma Gandhi Mission's Medical College, established in 1989 with permission for 100 MBBS students, sought renewal of permission for the 4th batch of MBBS course for the academic year 2014-2015 with an increase in intake from 100 to 150 students. The Medical Council of India and the Government of India partly approved the scheme for 100 students but denied the additional 50 students, citing that the college was affiliated to a deemed university (MGM Institute of Health Sciences) and not to a university established by law, as required under the MCI regulations. The petitioner challenged the communications dated 10 July 2014 and 15 July 2014. The court examined the history of the college, which had been recognized by MCI in 1995 and had been affiliated to the University of Bombay and later to the Maharashtra University of Health Sciences. In 2006, the MGM Institute of Health Sciences was granted deemed university status, and the college became affiliated to it. The court noted that the MCI had previously approved the increase in seats for earlier batches and that the college had all necessary infrastructure and facilities. The court held that the MCI's objection was not sustainable as the college had been functioning for decades and the deemed university status did not affect its recognition. The court quashed the impugned communications and directed the respondents to approve the increase in seats from 100 to 150 for the academic year 2014-2015.
Headnote
A) Medical Education - Renewal of Permission for Increase in Seats - Section 10(c) of Indian Medical Council Act, 1956 - Petitioner medical college sought increase in MBBS seats from 100 to 150 for 4th batch - Respondents partly approved only 100 seats - Court held that the college, having been recognized by MCI and affiliated to a deemed university, is entitled to renewal of permission for increased intake - The MCI's objection based on affiliation to deemed university was not sustainable as the college had been functioning since 1989 and had all necessary approvals - Held that the impugned communications rejecting the increase were arbitrary and quashed (Paras 1-26).
Issue of Consideration
Whether the Medical Council of India and the Government of India can refuse to approve the increase in MBBS seats from 100 to 150 for the 4th batch of MBBS course for the academic year 2014-2015 on the ground that the petitioner college is affiliated to a deemed university and not to a university established by law.
Final Decision
The court allowed the writ petition, quashed the impugned communications dated 10 July 2014 and 15 July 2014, and directed Respondent Nos. 1 and 2 to approve the scheme for renewal of permission for the 4th batch of MBBS course for 100 to 150 students for the academic year 2014-2015.
Law Points
- Renewal of permission for increase in MBBS seats
- Medical Council of India regulations
- Deemed University status
- Affiliation requirements
- Section 10(c) of Indian Medical Council Act
- 1956
