Holding

Mid‑stream admissions to medical courses are impermissible as they violate the statutory time‑schedule and admission capacity provisions of the Indian Medical Council Act and MCI regulations.

Summary

The State Board conducted a combined entrance exam for MBBS and BDS seats for the 1997‑98 session. Respondent No. I, not selected for MBBS, opted for BDS and was admitted. After some MBBS seats became vacant, petitioners sought mid‑stream admission to those seats; the Patna High Court directed the Controller of Examination to admit them. The Medical Council of India (MCI) opposed, stating that such admissions would increase the intake capacity and contravene the Indian Medical Council Act, 1956 and its regulations. The Controller cancelled the admissions and shifted the students back to BDS. The High Court later allowed a writ petition, directing that respondent No. I be permitted to continue MBBS. MCI appealed to the Supreme Court, which held that admitting students after the commencement of the course violates the statutory time‑schedule, increases admission capacity, and is contrary to the spirit of the Act and MCI regulations. Consequently, the High Court’s order directing mid‑stream admission was set aside, though the specific admission of respondent No. I was not affected. The appeal was allowed.

Issues considered

Whether admission of students to MBBS/BDS courses after the commencement of the academic session is permissible under the Indian Medical Council Act, 1956 and MCI regulations.
Whether vacant seats can be filled mid‑stream without violating the prescribed admission capacity.
Whether the High Court can direct admissions that are contrary to the statutory scheme governing medical education.

Legislation cited

Indian Medical Council Act, 1956s. 10-A, s. 10-B, s. 19, s. 1OA

Subjects

medical educationmid‑stream admissionIndian Medical Council Actadmission capacityvacant seatsregulatory complianceSupreme Courtwrit petition

Judgment

A MEDICAL COUNCIL OF INDIA
v.
MAOHU SINGH AND ORS.

SEPTEMBER 11, 2002

B [RUMA PAL AND ARIJIT PASA YAT, JJ.]

Education-Higher Education-Admission to medical colleges-Mid
stream admission-Per111issibility of-High Court directing 111id stream
C admissions-On appeal held, mid stream admission not to be permiued as it
would be against the spirit ofstatutes governing medical education-Statutorily
prescribed time schedule would get affected-Thus High Court erred in granting
111id stream admission-Indian Medical Council Act 1956-Medical Council
of India Regulations on Graduate Medical Education, 1997-Medical Council
of India Establishment of Medical College Regulations, 1999.
D
State Board conducted examinations for admission into MBBS
course for 1997-1998 session. Combined merit list for MBBS and BOS
course was published. Respondent No.I was not selected for MBBS course,
but option was given to join BDS Course. She accepted the option and
joined BDS course. After the first counseling some seats in MBBS course
E fell vacant. Two students admitted to BDS Course filed petition praying
for a direction to the Controller of Examination to admit them against
the vacant seats in MBBS course. The petition was allowed. Five more
students admitted to BDS course filed a Writ Petition making identical
prayer which was allowed. In appeal Division Bench of High Court upheld
F the order with the direction that if any objection was taken by appellants-
Council(MCI) to the admissions in MBBS course, such decision should be
given binding effect. MCI refused admission on the ground that it would
amount to increasing the intake capacity and would be contrary to the
provisions of the Indian Medical Council Act, 1956. Controller of
Examination cancelled the admissions of four students including that of
G respondent No.I and they were shifted back to BDS course. Aggrieved,
respondent No.I filed a Writ Application which was allowed on the ground
that the vacancies remained unfilled due to lapse on the part of Controller
of Examination or MCI and it was directed that respondent No.I should
be allowed to complete MBBS course to which she was admitted. Hence
H the present appeal.
228
MEDICAL COUNCIL OF INDIA 1·. MAOHU SINGH 229
MCI contended that the directions given by High Court .are contrary A
to the scheme of the Act since it would mean that a candidate would be
permitted to take admission to a course of a fixed duration just before
completion thereof. It was further contended that by admitting students
mid-stream, the statutorily prescribed time schedules get affected and it
is not fair either to the students getting admission or to the institution.
B
Respondent No.I contended that there was nothing wrong in mid-
stream admissions and even if there was fixed time schedule, extra classes
can be taken by the teachers to meet the deficiency in attendance. Also
leaving seats unfilled is not good for the country as eligible candidates
would be deprived of pursuing the medical studies and it will be a loss to C
the national exchequer.

Allowing the appeal, the Court

HELD: 1.1. If any student is admitted after commencement of the
course it would be against the intended objects of fixing a time schedule. D
There would be increase in the number of seats for the next session to
accommodate the students who are admitted after commencement of the
course for the relevant session. Plea that with the object of preventing loss
of national exchequer such admissions should be permitted cannot be
accepted since that would be against the spirit of governing statutes. Also
the suggestion of taking of extra classes is not acceptable. Time schedule E
is fixed by taking into consideration the capacity of the student to study
and the appropriate spacing of classes. The students also need rest and
the continuous taking of classes with the object of fulfilling requisite
number of days would be harmful to the students' physical and mental
capacity to study. However, there is a necessity for specifically providing F
the time schedule for the course and fixing the period during which
admissions can take place, making it clear that no admission can be
granted after the scheduled date, which essentially should be the date for
commencement of the course. (244-G, H; 245-A, B, GI

1.2. In view of the above, there is no scope for admitting students G
mid-stream as that would be against the very spirit of statutes governing
medical education; even if seats are unfilled that cannot be a ground for
making mid session admissions; there cannot be telescoping of unfilled
seats of one year with permitted seats of the subsequent year; MCI shall
ensure that the examining bodies fix a time schedule specifying the
duration of course, date of commencement of course and last date for H
230 SUPREME COURT REPORTS [2002) SUPP. 2 S.C.R.

A admission; different modalities for admission can be worked out and
necessary steps like holding of examination if prescribed, counseling and
the like have to be complied within the specified time; no variation of the
schedule so far as admissions are concerned shall be allowed and in case
of any deviation by the concerned institution, action as prescribed shall
be taken by MCI. In the instant case, the High Court was in error in
B directing mid-session admission and the impugned order is set aside.
However, this would not affect the admission of respondent No. I.
[245-H; 246-A-EJ

Dr. Dinesh Kumar and Ors. v. Motilal Nehru Medical College, Allahabad
C and Ors., [1987) 4 SCC 122, relied on.

Dr. lndu Kant etc. etc. v. State of UP. and Ors., (1993) Supp. 2 SCC
71; Sharwan Kumar etc. etc. v. Director General of Health Services and Anr.,
[19931 3 SCC 332; Dr. Subodh Nautiyal v. State of UP. and Ors., [19931
Supp. I SCC 593; State of Uttar Pradesh and Ors. v. Dr. Anupam Gupta and
D Ors., [1993) Supp. I SCC 594; State of Punjab and Ors. v. Renuka Sing/a
and Ors., (1994) I SCC 175; Medical Council of India v. State of Karnataka
and Ors., [1998] 6 SCC 131; Dr. Dinesh Kumar and Ors. v. Motilal Nehru
Medical College, Allahabad and Ors., (1987) 4 SCC 459, referred to.

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5166 of
E 2001.
From the Judgment and Order dated 12.5.2000 of the Patna High
Court in C.W.J.C. No. 11100 of 1999.

Harish N. Salve, Soliciter General, A. Mariarputham, Maninder Singh,
F Ms. Pratibha, Ms. Kavita Wadia and Ms. Ankur Talwar for the Appellant.

A.K. Pandey, for the Respondent.

The Judgment of the Court was delivered by

G ARIJIT PASAYAT, J. This appeal filed by the Medical Council of
India (in short the 'MCI') raises important questions regarding desirability of
belated admissions to medical colleges in different courses, both pre-graduate
and post-graduate. The questions assume importance because filing a large
number of petitions before various High Courts and this Court has become
an annual feature. When time of admission to medical courses arrives,
H immediately comes to mind Shakespeares' Othello, where it was written
MEDICAL COUNCIL OF INDIA r. MADHU SINGH [ARIJIT PASAYAT, J.] 23 J
"Chaos is come again". Inevitable result is that considerable time is lost by A
candidates chasing vires instead of virus. This Court in Convenor, MBBSI
BDS Selection Board and Ors. v. Chandan Mishra and Ors., [1995] Supp.
3 sec 77 observed as follows:

" ......... The learned Judges of the High Court, if we may say so in a
well-considered opinion expressed their anguish at the insensitivity B
of the authorities administering medical admission in the State to the
need to prevent occasions for repetitive grievances from the student
community and had . occasion to observe:

"Shakespeare in Othello has written "Chaos is come again''. This
Court has witnessed chaos almost annually when time for admission C
to MBBS/BDS courses came .... "

Factual position· leading to the appeal, which is almost undisputed,
needs to be noted in some detail.

For admission into the MBBS course relating to the session 1997-98, D
combined entrance competitive examination was held in the State of Bihar on
3.8.1997. The examination was conducted by the Bihar Combined Entrance
Competitive Examination Board (in short the 'Board'). A combined merit list
for the MBBS course and BDS course was published on 7.10.1997 for the
aforesaid session. Respondent No. I was one of the candidates who appeared E
at the said examination. She was, however, not selected for the MBBS course,
but she was given option to join the Dental Course. She accepted the option
given and she was admitted. Her serial number was 4 in the general category.
After the first counseling which was held between the period 26.12.1997 to
31.12.1997, certain seats fell vacant. The Board decided not to fill up such
vacancies, which primarily occurred on account of selected candidates F
abandoning the course or not taking admission. Accui'ding to the Board, the
approach was necessary to maintain the academic calendar and prevent mid-
stream admissions. The admissions for the session 1997-98 were completed
by the end of January 1998. Two students who were admitted to the Dental
Course like respondent No. I filed a Writ Petition before the High Court of G
Judicature at Patna (CWJC No. 5590/98), inter alia, praying for a direction
to the Controller of Examination to admit them against the vacant seats in
MBBS course. The petition was filed on .the ground that second counseling
was not done and seats were lying vacant after the first counseling. By order
dated 4.12.1998, the Patna High Court directed the Controller of Examination
to admit the writ petitioners as per the merit list and as per their choice H
232 SUPREME COURT REPORTS f2002) SUPP. 2 S.C.R.

A against the four vacancies existing due to non-joining of students, within a
period of fortnight from the date of the order. Five more students filed a Writ
Petition (CWJC No.11681/98) making identical prayers as were made in the -
other writ petition. By order dated 10.3.1999, the High Court directed that all
the vacant seats upto 4.12.1998 for the session 1997-98 should be filled up
B from amongst the eligible candidates as enlisted in the merit list.

In Letters Patent Appeal (LPA.439/99) filed by the Controller of
Examination, a Division Bench upheld the order dated I 0.3.1999. However,
certain modifications were made in the directions. It was observed that if any
objection was taken by the MCI to the admissions in MBBS course, such
C decision should be given binding effect.

It is of relevance to note that the MCI was not a party in the aforesaid
writ applications and LPA. The Controller of Examination vide its letter
dated 6.8.1999 communicated the directions and intimated the factual position
regarding admission of students against "stray vacancies" for the 1997-98
D session to MCI. A clarification application was filed in the LPA. By order
dated 30.8.1999 it was observed by the High Court that if any direction is
issued by the MCI, the parties will be at liberty to seek appropriate remedy.

The Executive Committee of the MCI in its meeting held on 14.9.1999
refused permission to students in respect of vacant seats of 1997-98 session
E after 18 months as that would amount to increasing the intake capacity and
would be contrary to the provisions of The Indian Medical Council Act, 1956
(in short the 'Act'). By letter dated 22.10.1999, the decision of the Executive
Committee was communicated to the Board.

The Controller of Examination of the Board cancelled the admissions
F of four students (including the respondent No. I) who had got admission.
They were shifted back to the BDS course to which they were originally
admitted.

Aggrieved by the decision of the Board, which was taken pursuant to
G MCI's decision, respondent No. I filed a Writ Application (CW JC No. I I I00/
99) challenging the jurisdiction of MCI under the Act to guide the admission
in the colleges. For the first time, MCI was impl~aded in the proceedings. It
was, inter alia, pleaded by the writ petitioner that MCI had no power and
authority in deciding the question of admission of the students. Counter-
affidavit was filed by MCI taking the stand that mid-stream admissions would
H amount to increasing admission capacity which was fixed and that was not
MEDICAL COUNCIL OF INDIA r. MADHU SINGH [ARIJIT PASAYA TJ] 23 3
permissible. Originally, the matter was listed before a learned Single Judge. A
Since the earlier order dated 22.9.1999 was passed by a Division Bench in
LPA, it was directed that the writ petition should be placed before a Division
Bench. By impugned order dated 12.5.2000, writ application was allowed by
the Division Bench primarily on the ground that the vacancies remained
unfilled due to lapse on the part of the Controller of Examination or MCI and B
since earlier directions were given to admit the students, the order was to be
operative. It was directed that the respondent No. I should be allowed to
complete the MBBS course to which she was a.dmitted as per the directions
given in the earlier order.

Stand of MCI in this appeal essentially is that the directions given by C
the High Coun are contrary to the scheme of the Act. It would mean that a
candidate would be permitted to take admission into a course of a fixed
duration just before completion thereof. In reality, the candidate would be
pursuing the course with the students of subsequent academic session, and
essentially it means increase in the students' strength beyond the prescribed
maximum when there is a statutory bar on the increase of the students intake D
capacity. Directions cannot be given to act contrary to what is statutorily
prescribed. It is pointed out that directions for mid-stream admissions have
been dis-approved by this Court on several occasions. It was submitted that
by admitting students mid-stream, the statutorily prescribed time schedules
get affected and it is neither fair to the students getting admission nor the E
institution. At this juncture, it is to be noted that while issuing notice in this
case while granting leave, it was made clear that whatever be the result of the
petition, the admission of the first respondent will not be adversely affected.
Learned counsel for respondent No.I, therefore, submitted that the result of
the appeal would not affect his client. However, his submission was that
there was nothing wrong in mid-stream admissions and even if there was F
fixed time schedule, extra classes can be taken by the teachers to meet the
deficiency in attendance. It was funher submitted that leaving seats unfilled
is not good for the country as eligible candidates would be deprived of
pursuing the medical studies and it will be a loss to the national exchequer.

- In order to appreciate the rival stands, it is desirable to take note of few
provisions of the Act and Medical Council of India Regulations on Graduate
G

Medical Education, 1997 (in short the 'Regulation').

"Regulation 7(1)- Every student shall undergo a period of certified
study extending over 4 academic years divided into 9 semesters, (i.e. H
of 6 months each) from the date of commencement of his study for the
234 SUPREME COURT REPORTS [2002) SUPP. 2 S.C.R.

A subjects comprising the medical curriculum to the date of completion
of examination and followed by one year compulsory rotating
internship. Each semester will consist of approximately 120 teaching
days of 8 hours each college working time, including one hour of
lunch.

B 7(6) Universities shall organize admission timings ahd admission
process in such a way that teaching in first semester starts by I st of
August each year.

Section /OA - Permission for establishment of new medical college,
new course of study, etc.
c
(1) Notwithstanding anything contained in this Act or any other law
for the time being in force,-

(a) no person shall establish a medical college; or

D (b) no medical college shall-

(i) open a new or higher course of study or training ( including
a post-graduate course of study or training) which would
enable a student of such course or training to qualify himself
for the award of any recognized medical qualification; or
E
(ii) increase its admission capacity in any course of study or
training (including a post-graduate course of study or
training), except with the previous permission of the Central
Government obtained in accorda:ice with the provisions of
this section.
F
Explanation I- For the purposes of this section, "person" includes
any University or a trust but does not include the Central Government.

(2) (a)- Every person or medical college shall, for the purpose of
obtaining permission under sub-section (I), submit to the Central
G Government a scheme in accordance with the provisions of clause (b)
and the Central Government shall refer the scheme to the Council for
its recommendations .

. (b) The scheme referred to in clause (a) shall be in such form and
contain such particulars and be preferred in such manner and be
H accompanied with such fee as may be prescribed.
MEDICAL COUNCIL OF !NOIA v. MAD HU SINGH [ARIJIT PASAYAT, J.] 235
I O(B}· Non-recognition of medical qualifications in certain cases: A
(I) Where any medical college is established except with the previous
permission of the Central Government in accordance with the
provisions of section I OA, no medical qualification granted to any
student of such medical college shall be a recognized medical
qualification for the purposes of this Act. B
(2) Where any medical college opens a new or higher course of study
or training (including a post-graduate course of study or training)
except with the previous permission of the Central Government in
accordance with the provisions of section IOA, no medical qualification
granted to any student of such medical college on the basis of such C
study or training shall be a recognized medical qualification for the
purposes of this Act.

(3) Where any medical college increases its admission capacity in
any course of study or training except with the previous permission
of the Central Government in accordance with the provisions of section D
1OA, no medical qualification granted to any student of such medical
college on the basis of the increase in its admission capacity shall be
·a recognized medical qualification for the purposes of this Act.

Explanation • For the purposes of this section, the criteria for
identifying a student who has been granted a medical qualification on E
the basis of such increase in the admission capacity shall be such as
may be prescribed.

Section 19- Withdrawal of recognition-

(I) When upon report by the Committee or the visitor, it appears to F
the Council-
(a) that the course of study and examination to be undergone in, or
the proficiency required from candidates at any examination,
held by, any University or medical institution, or
(b) that the staff. equipment, accommodation. training and other G
facilities for instruction and training provided in such University
or medical institution or in any college or other institution
affiliated to that University, do not conform to the standards
prescribed by the Council, the Council shall make a representation
to that effect to the Central Government. H
236 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A (2) After considering such representation, the Central Government
may. send it to the State Government of the State in which the
University or medical institution is situated and the State Government
shall forward it along with such remarks as it may choose to make
to the University or medical institution, with an intimation of the
period within which the University or medical institution may submit
B its explanation to the State Government.

(3) On the receipt of the explanation or, where no explanation is
submitted within the period fixed, then on the expiry of that period,
the State Government shall make its recommendations to the Central
Government.
c
(4) The Central Government, after making such further inquiry, if
any, as it may think fit, may, by notification in the Official Gazette,
direct that an entry shall be made in the appropriate Schedule against
the S3.i::l me::li:alq.ialifrati::n declaring that it shall be a recognized
medical qualification only when granted before a specified date (or
D that the said medical qualification if granted to students of a specified
college institution affiliated to any University shall be a recognized
medical qualification only when granted before a specified date, or,
as the case 111ay be, that the said 111edical qualification shall be a
recognized medical qualification in relation to a specified college or
E institution affiliated to any University only when granted after a
specified date.
(Underlined for emphasis)

It is important to note that in respect of certain subjects, the total time
for teaching is also fixed. For example, for bio-physics the time schedule is
F as follows:
(a) Goal and objectives: The broad goal of teaching Biophysics to
undergraduate students is that they should understand basic physical
principles involved in the functioning of body organs in normal and
diseased conditions. ....
G Total time for teaching Biophysics 5 hours ~

Out of which: 1. Didactic lectures 3 hours
2. Tutorial/Group
discussion hour
H '
~. Practical hour
MEDICAL COUNCIL OF INDIA 1·. MAOHU SINGH [ARl.llT PASA YAT, J] 23 7
It may also be noted that under the Medical Council of India A
Establishment of Medical College Regulations, 1999 (in short the
·'Establishment Regulations') ce11ain qualifying criteria have bee~ prescribed.
Regulation 2(7) reads as follows:

"Regulation 2(7) - that the person provides two performance bank
guarantees from a Scheduled Commercial Bank valid for a period of B
five years, in favour of the Medical Council of Jndia, New Delhi, one
for a sum of rupees one hundred lakhs (for 50 admissions), rupees
one hundred and fifty lakhs (for JOO admissions) and rupees two
1 hundred lakhs (for /50 annual admissions) for the establishment of
the medical college and its infrastructural facilities and the second C
bank guarantee for a sum of rupees 350 lakhs (for 400 beds), rupees
550 lakhs (for 500 beds) and rupees 750 lakhs (for 750 beds)
respectively for the establishment of the teaching hospital and its
infrastructural facilities:

Provided that the above conditions shall not apply to the persons D
who are State Governments/Union Territories if they give an
undertaking to provide funds in their plan budget regularly till the
requisite facilities are fully provided as per the time bound programme.

(underlined for emphasis)

Part II of Regulation 3 deals with educational programme and sub-parts 4 E
and 5 read as follows:

(4) Educational programme (a) proposed annual intake of students
(b) admissi.in criteria (c) method of admission (d) reservation/
preferential allocation of seats (e) department-wise and year-wise F
curriculum of studies.

(5) Education programme - (a) department-wise and service-wise
functional requirements, and (b) area distribution and room-wise
seating capability.

. (underlined for emphasis) G

Regulation 7 deals with Repo11 of the MCI which reads as follows:

"Regulation 7(a) - After examining the application and after
conducting necessary physical inspections, the Medical Council shall
st:nd to the Central Government a factual report stating - H
238 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A (I) That the applicant fulfils the eligibility and qualifying criteria.

(2) That the person has a feasible and time bound programme to set
up the proposed medical college along with required
infrastructural facilities including adequate hostels facilities
separate for boys and girls, and as prescribed by the Council,
B commensurate with the proposed intake of students, so as to
complete the medical college within a period of four years from
the date of grant of permission.
(3) That the person has a feasible and time bound expansion
programme to provide additional beds and infrastructural facilities,
C as prescribed by the Medical Council of India, by way of
upgradation of the existing hospital or by way of establishment
of new hospital or both and further that the existing hospital has
adequate clinical material for starting 1st year course.
(4) That the person has the necessary managerial and financial
D capabilities to establish and maintain the proposed medical college
and its ancillary facilities including a teaching hospital.
(5) That the applicant has a feasible and time bound programme for
recruitment of faculty and staff as per prescribed norms of the
Council and that the necessary posts stand created.
E (6) That the applicant has appointed staff for the I st year as per MCI
norms.
(7) That the applicant has not admitted any students.

(8) Deficiencies, if any, in the infrastructure or faculty shall be pointed
out indicating whether these are remediable or not.
F
(b) The recqmmendation of the Council whether letter of Intent should
be issued and if so, the number of seats per academic year sho~ld
also be recommended. The Council shall recommend a time bound
programme for the establishment of the medical college and expansion
of the hospital facilities. This recommendation will also include a
G clear cut statement of preliminary requirements to be met in respect
of buildings, inji-astructural facilities, medical and allied equipments,
faculty and staff before admitting the first batch of students. The
recommendation will also define annual targets to be achiev~d by the
person to commensurate with the intake of students during the
H following years.
MEDICAL CO)JNCIL OF INDIA"· MAD HU SINGH [ARIJIT PASAYAT. J] 239
(c) Where the Council recommends for not issuing of Letter of Intent, A
it shall furnish to the Central Government-

(i) its reasons for not granting the Central Governmerit permission:
(ii) documents/facts on the basis of which the Council recommends
the disapproval of the scheme.
B
(d) The recommendation of the Council shall be in Form-4.

(underlined for emphasis)

So far as Regulations are concerned, the highlighted aspects are relevant
for deciding the question as to the desirability of fixing a time limit for C
admission and stop any admission thereafter. For the MBBS course as noted
above, the total duration is 4V, years of 9 semesters.

Section 10-A, Explanation 2 defines 'admission capacity' which reads
as follows:
D
"Explanation 2- For the purposes of this section, 'admission capacity'
in relation to any course of study or training (including post-graduate
course of study or training) in a medical college, means the maximum
number of students that may be fixed by the Council from time to
time for being admitted to such course or training."
E
As the definition of "admission capacity" shows it is the maximum number
of students that may be fixed by the Council from time to time for being
admitted to the course and training. By carrying forward the unfilled seats
from one year to the subsequent year, there is necessarily increase in the
I
number of seats i.e. admission capacity. Section 10-B frowns upon such
admissions beyond the prescribed limit. In fact, there is a possibility of de- F,
recognition under Section 19.

At this juncture, few decisions of this Court dealing with somewhat
similar situations need to be noted.

In Dr. lndu Kant etc. etc. v. State of UP. and Ors., [1993) Supp. 2 G
SCC 7J, it was observed &S follows:

"We have given our thoughtful consideration to the entire facts and
circumstances of the case. We have already held tha,t. the rule laying
down the minimum percentage of marks in the entrance examination H
240 SUPREME COURT REPORTS [2002) SUPP. 2 S.C.R.

A is valid and no direction can be given to the State Government to fill
up any vacant seats by the candidates securing Jess than the minimum
qualifying marks. We had of course, made a recommendation to the
State Government in respect of the vacant seats of post-graduate
courses for 1992, but we find no valid justification to make such
recommendation in respect of the candidates of the earlier years of
B 1990 or 1991. The candidates who had not secured the minimum
qualifying marks in the years 1990 or 1991 had an opportunity to
appear in the entrance exam in at ion of 1992 and to make up the
cEfcinc:y. We find justification in the difficulties pointed out by the
State Government in doing so. Granting admission to the candidates
C of 1990 and 1991 batch now and to allow them to join with the batch
of 1992 is bound to increase the total strength of post-graduate
students in 1992. This would not only be in violation of the directions
of the Medical Council of India, but would also put an additional
financial burden on the State Government. In any case, the State
Government itself is vehemently opposing such request made on behalf
D of the candidates of 1990 and 1991 and we cannot give any direction
to the State Government in this regard."

(underlined for emphasis)

The concept of counseling was noted by this Court in Sharwan Kumar
E etc. etc. v. Director General of Health Services and Anr., [1993] 3 SCC 332.
A scheme was formulated so that there would be no difficulty in admitting
students at the appropriate time. In that case, an outer limit of 30th September
was fixed for 15% of all India quota.

In Dr. Subodh Nautiyal v. State of U.P. and Ors., [ 1993] supp. I SCC
F 593, it was observed that in respect of a technical course, to admit a student
four months after the commencement would not at all be correct.

In Stale of VIiar Pradesh and Ors. v. Dr. Anupam Gupta and Ors.,
(1993] Supp I SCC 594, the view in Dr. Subodh 's case (supra) was re-
G iterated. It was observed as under:
"It is next contended by Shri Yogeshwar Prasad that the courses were
started from October 30, 1990 and in terms of the orders ofth•s Court
it shall be deemed to have been commenced from May 2, 1990, the
direction as given in .the impugned judgments for admission after
H more than a year, is illegal. To maintain excellence in th~ academic
MEDICAL COUNCIL OF INDIA,. MAD HU SINGH [ARIJIT PASAYAT.J.] 24 J
courses, the delay defeats the claim for admission, though posts are A
vacant. In Pramod Kumar Joshi v. Medical Council of India, [1991]
2 SCC 179 this Court held that the course for the year 1991 is almost
completed and it would not be proper to allow admission belatedly.
In Dr. Subodh Naut1)'al v. State of UP. there was a delay of four
months in giving admission, and this Court held that, "even according B
to Mr. Pandey the course has started in September for the session.
This is technical course and to admit a student four months after the
commencement would not at all be correct."

(underlined for emphasis)

In para 14, the desirability of commencing the course on schedule and C
completing the same within the schedule was stressed in the following words:

"Considering from this point of view, to maintain excellence the
courses have to be commenced on schedule and be completed within
the schedule so that the students would have full opportunity to study D
fi1/l course to reach their excellence and come at par excellence.
Admission in the mid-stream would disturb the courses and also work
as a handicap to the candidates themselves to achieve excellence.
Considering from this pragmatic point of view we are of the considered
opinion that vacancies of the seats would not be taken as a ground
to give admission and direction by the High Court to admit the E
candidates into those vacant seats cannot be sustained. "

(underlined for emphasis)

In State of Punjab and Ors. v. Renuka Sing/a and Ors., [I 994) 1 SCC
175, this Court disapproved the course adopted by several High Courts F
directing students to be admitted much after the course had commenced.
Though that case was for admissions under the Dentists Act, 1948 (in short
the 'Dentists Act'), identical provisions were under consideration. In para 8,
it was noted as under:

"The admission in medical course throughout India is governed by G
different statutory provisions, including regulations framed under
different Acts. During last several years efforts have been made to
regulate the admissions to the different medical institutions, in order
to achieve academic excellence. But, at the same time, a counter-
attempt is also apparent and discernible, by which the candidates, H
242 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A who are not able to get admissions against the seats fixed by difjerent
statutory authorities, file writ applications and interim or final
directions are given /0 admit such petitioners. We fail to appreciate
as to how the High Court or this Court can be generous or liberal
in issuing such directions which in substance amount to directing the
authorities concerned to violate their own statutory rules and
B regulalions, in respecl of admissions ofstudents. It cannot be disputed
that technical education, including medical education, requires
infrastructure to cope with the requirement of giving proper education
to the students, who are admitted. Taking into consideralion the
infraslructure, equipmenl, slaff, the limit of 1he number of admissions
c is fixed eilher by lhe Medical Council of India or Dental Council of
India. The High Court cannot disturb that balance between the
capacity of the inslitution and number of admissions, on
"compassionale ground". The High Court should be conscious of the
fact that in this process they are affecting the education of the students
who have already been admitted, against the fixed seats, after a very
D tough competitive examination. According to us, there does not appear
to be any justification on the part of the High Court, in the present
case, to direct admission of respondent 1 on "compassionate ground"
and to issue a fiat lo create an additional seat which amounts to a
direction to violate Section I 0-A and Section I O-B(3) of the Dentists
E Act referred to above. "

(underlined for emphasis)

In Medical Council of India v. State of Karna/aka and Ors., [1998] 6
SCC 131, action of the State Government in increasing number of seats was
p held to be illegal. In paragraphs 27 and 29 of the judgment, it was held as
under:

"The State Acts, namely, the Karnataka Universities Act and the
Karnataka Capitation Fee Act must give way to the Central Act,
namely, the Indian Medical Council Act, 1956. The Karnataka
G Capitation Fee Act was enacted for the sole purpose of regulation in
collection of capitation fee by colleges and for that, the State.
Government is empowered to fix the maximum number of students
th;;t can be admitted but that number cannot be over and above that
fixed by the Medical Council as per the regulations. Chapter IX of
the Karnataka Universities Act, which contains provision for affiliation
H of colleges and recognition of institutions, applies to all types of.
MEDICAL COUNCIL OF INDIA r. MAD HU SINGH [ARI.IITPASAYAT, J.] 243
colleges and not necessarily to professional colleges like medical A
colleges. Sub-section (I 0) of Section 53, falling in Chapter IX of this
Act, provides for maximum number of students to be admitted to
courses for studies in a college and that number shall not exceed the
intake fixed by the university or the Government. But this provision
has again to be read subject to the intake fixed by the Medical Council B
under its regulations. ft is the Medical Council which is primarily
responsible for fixing standards of medical education and overseeing
that these standards are maintained. It is the Medical Council which
is the principal body to lay down conditions for recognition of medical
colleges which would include the fixing of intake for admission to a
medical college. We have already seen in the beginning of this C
judgment various provisions of the Medical Council Act. It is,
therefore, the Medical Council which in effect grants recognition and
also withdraws the same. Regulations under Section 33 of the Medical
Council Act, which were made in 1977, prescribe the accommodation
in the college and its associated teaching hospitals and teaching and
technical staff and equipment in various departments in the college D
and in the hospitals. These regulations are in considerable detail.
Teacher-student ratio prescribed is I to I0, exclusive of the Professor
or Head of the Department. Regulations further prescribe, apart from
other things, that the number of teaching beds in the attached hospitals
will have to be in the ratio of7 beds per student admitted. Regulations E
of the Medical Council, which were approved by the Central
Government in 1971, provide for the qualification requirements for
appointments of persons to the posts of teachers and visiting
physicians/surgeons of medical colleges and attached hospitals.

A medical student requires gruelling study and that can be done only F
if proper facilities are available in a medical college and the hospital
attached to it has to be well equipped and the teaching faculty and
doctors have to be competent enough that when a medical student
comes out, he is perfect in the science of treatment of human beings
and is not found wanting in any way. The country does not want half-
baked medical professionals coming out of medical colleges when G
they did not have full facilities of teaching and were not exposed to
the patients and their ailments during the course of their study. The
Medical Council, in all fairness, does not wish to invalidate the
admissions made in excess of that fixed by it and does not wish to
take any action of withdrawing recognition of the medical colleges H
244 SUPREME COURT REPORTS (2002] SUPP. 2 S.C.R.

A violating the regulation. Henceforth, however, these medical colleges
must restrict the number of admissions fixed by the Medical Council.
After the inseition of Sections I0-A, I0-B and I0-C in the Medical
Council Act, the Medical Council has framed regulations with the
previous approval of the Central Government which were published
in the Gazette of India dated 29.9.1993 (though the notification is
B dated 20.9 .1993). Any medical college or institution which wishes lo
increase the admission capacity in MBBS/higher courses (including
diploma/degree/higher specialities), has to apply 'to the Central
Government for permission along with the permission of the State
Government and that of the university with which it is affiliated and
C in conformity with the regulations framed by the Medical Council.
Only the medical college or institution which is recognized by. the
Medical Council can so apply."
(underlined for emphasis)

As regards the desirability of commencement and completion of the
D course according to a fixed schedule, this Court's observations in Dr. Dinesh
Kumar and Ors. v. Moti/al Nehru Medical College, Allahabad and Ors.,
[1987] 4 SCC 122 are relevant. In para 6, it was observed that "in all medical
colleges/institutions to which the scheme applies teaching for MBBS or BOS
course should start on the first working day of September and even those
E institutions which are outside the scheme might as well commence their
academic sessions from September so that throughout the country there would
be uniformity in that regard." Similar directions were given for the post-
graduate course. The directions were slightly modified in Dr. Dinesh Kumar
and Ors. v. Moti/al Nehru Medical College, Allahabad and Ors., (1987] 4
SCC 459 and the announcement for holding the examination in 1988 was
F directed to be made on I st October, 1987.

It is to be noted that if any student is admitted after commencement of
the course it would be against the intended objects of fixing a time schedule.
In fact, as the factual positions go to show, the inevitable result is increase
G in the number of seats for the next session to accommodate the students who
are admitted after commencement of the course for the relevant session.
Though, it was pleaded by learned counsel for respondent No. I that with the
object of preventing loss of national exchequer such admissions should be
permitted, we are of the view that same cannot be a ground to permit mid-
stream admissions which would be against the spirit of governing statutes.
H His suggestion that extra classes can be taken is also not acceptable. The time
MEDICAL COUNCIL OF INDIA 1·. MAOHU SINGH (ARIJIT PASA YAT, J] 245
schedule is fixed by taking into consideration the capacity of the student to A
study and the appropriate spacing of classes. The students also need rest and
the continuous taking of classes with the object of fulfilling requisite number
of days would be harmful to be students' physical and metal capacity to
study. In fact such a suggestion was held to be grossly inappropriate in Dr.
Dinesh Kumar's case (supra). In paragraph 15, it was observed as under:
B
"The next question is as to when should the examination be held.

- Learned counsel for the Union of India as also the Indian Medical
Council suggested that it could be done in October this year so that
the candidates selected at the entrance examination could join the
1987-88 session from November. In most of the colleges, admission C
in respect of 85 per cent seats has been completed and actual teaching
has either begun or is about to begin. By November a substantial part
of the course would have been read. To meet the situation, learned
counsel for the Union of India suggested that we should direct the
colleges and institutions to have a supplementary course for the
students admitted against the I 5 per cent vacancies. In the absence D
of consent from the institutions, it would be difficult to work out that.
As it is, there exists a lot of confusion in the field and we do not
propose to add to it by giving a direction of the type proposed. On
the other hand it would be appropriate to bring the scheme into
operation from the coming year so that all the preliminaries can be E
properly conducted and in regular course the students can seek
admission to the 1988-89 session. We accordingly direct the authorities
to hold the examination in the manner directed, in June (sic May)
1988. The Union of India, the Medical Council the Dental Council,
the several States, Universities and Medical Colleges or institutions
who are covered by the scheme are directed to comply with these F
orders in time so as to give full effect to what has been said here."

(underlined for emphasis)

There is, however, a necessity for specifically providing the time
schedule for the course and fixing the period during which admissions can G
take place, making it clear that no admission can be granted after the scheduled
date, which essentially should be the date for commencement of the course.

Jn conclusion:

(i) there is no scope for admitting students mid-stream as that would
be against very spirit of statutes governing the medical education; H
246 SUPREME COURT REPORTS [2002) SUPP. 2 S.C.R.

A (ii) even if, seats are unfilled that cannot be a ground for making mid
session admissions;

(iii) there cannot be telescoping of unfilled seats of one year with
permitted seats of the subsequent year; •
B (iv) the MCI shall ensure that the examining bodies fix a time schedule
specifying the duration of this course, the date of commencement of
the course and the last date for admission;
..
(v) different modalities for admission can be worked out and necessary
steps like holding of examination if prescribed, counseling and the
C like have to be completed within the specified time;

(vi) no variation of the schedule so far as admissions are concerned
shall be allowed;

(vii) in case of any deviation by the concerned institution, action as
prescribed shall be taken by the MCI.
D
The High Court was obviously in error in directing mid-session
admission. The impugned order is, therefore, set aside. But as was earlier •
directed by this Court, the admission of respondent No. I would not be affected
by allowing the appeal.
E N.J. Appeal allowed.