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, 2015 SCC OnLine SC 692, decided on 06.08.2015
