Kerala High Court
The Chairman vs The Kerala University Of Health ... on 28 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 28TH DAY OF MAY 2021 / 7TH JYAISHTA, 1943
WA NO. 357 OF 2021
(AGAINST THE JUDGEMENT IN WP(C) NO. 27548/2020 DATED 27.01.2021 OF HIGH
COURT OF KERALA)
APPELLANT/PETITIONER:
THE CHAIRMAN,
QUILON MEDICAL TRUST,
MYLAPORA, THATTAMALA P. O.,
KOLLAM-691020.
BY ADVS. SRI. KURIAN GEORGE KANNANTHANAM (SENIOR)
SRI. TONY GEORGE KANNANTHANAM
SRI.THOMAS GEORGE
SRI.ALEX GEORGE (CHAMAPPARAYIL)
RESPONDENTS/RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P O, THRISSUR-630596.,
REPRESENTED BY ITS REGISTRAR.
2 THE VICE CHAIRMAN,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P O, THRISSUR-630596.
3 THE NATIONAL MEDICAL COMMISSION,
REPRESENTED BY ITS SECRETARY, POCKET 14,
SECTOR 8, DWARAKA,
PHASE 1, NEW DELHI-110077.
R1 & R2 BY ADV. SHRI P. SREEKUMAR, SC, KERALA UNIVERSITY
OF HEALTH SCIENCES
R3 BY ADV. SRI. TITUS MANI VETTOM, SC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.05.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A. 357/2021 2
JUDGMENT
Dated this the 28th day of May, 2021
S. Manikumar, CJ
Instant writ appeal is filed against the judgment in W.P.(C)
No.27548 of 2020 dated 27.01.2021, by which, after considering the
statutory provisions, a learned single Judge of this Court dismissed the
writ petition, holding that Kerala University of Health Sciences,
respondent No.1, cannot be found fault with, in rejecting the request
made by the appellant/writ petitioner, for consent of affiliation, for
enhancement of seats in MBBS Course from 150 to 200 seats, for the
academic year 2021-22.
2. Facts leading to the filing of instant writ appeal are, appellant/
writ petitioner is the Chairman of an Educational Agency, running a Self
Financing Medical College, established in the year 2009. According to
him, when the medical college was established, the sanctioned intake for
MBBS was 100. In 2014, the college was recognised under Section 11
of the Indian Medical Council Act, 1956 and after five years, the
recognition was extended. Thereafter, in 2020-2021, on the basis of the
approval granted by the Central Government and the Medical Council of
India, and the Consent of Affiliation granted by the 1 st respondent
University, intake of seats was enhanced from 100 to 150.
3. By Exhibit-P1 notification dated 04.11.2020, the 1 st respondent
University has invited applications for enhancement of seats in MBBS,
for the academic year 2021-22. Pursuant to the said notification, the
appellant submitted Exhibit-P2 application dated 09.11.2020 for
enhancement of seats in MBBS Course from 150 to 200, which was
rejected by the 1st respondent University vide Exhibit-P4 dated
27.11.2020, stating that as per the Regulations of the National Medical
Commission, the appellant college would be eligible for seat
enhancement only after the present seats, i.e. 100 to 150, are recognized.
According to the appellant, in fact, there is no such provision for
recognition, either under the National Medical Commission Act, 2019,
or under the regulations framed thereunder.
4. In the abovesaid backdrop, W.P.(C) No.27548 of 2020 has been
filed for the following reliefs.
a) To issue a writ of certiorari or other appropriate order or
direction to quash order dated 27-11-2020 (Exhibit-P4)
issued by the 1st respondent, Kerala University of Health
Sciences, Thrissur.
b) To issue a writ of mandamus or other appropriate order
or direction, to direct the 1st respondent University to
grant Consent of Affiliation, to enable the petitioner to
apply for enhancement of intake for MBBS, in the
petitioner's College in 2021-22 itself.
c) Issue a writ of mandamus or other appropriate order or
direction to the 2nd respondent not to insist upon the
Consent of Affiliation of the University for considering
petitioner's application for enhancement of intake for
admission to MBBS, in his college during 2021-22.
5. It is pertinent to note that the Indian Medical Council Act, 1956
was repealed by the National Medical Commission Act, 2019, by
publication in the Gazette on 8.8.2019, however, subject to the saving of
the provisions of Act, 1956 and the regulations made thereunder, by
virtue of the transitory provisions contained under Section 61 of the Act,
2019. Certain provisions of the National Medical Commission Act, 2019
viz., Sections 3, 4, 5, 6, 8, 11, 16, 17, 18, 19, 56 and 57, were brought
into force on 2.9.2019 and the remaining provisions, on 25.09.2020.
According to the appellant, there is no such provision in the NMC Act,
2019 or the regulations made thereunder, for recognition of seats. To put
it more precisely, the argument is that when the new regulations under
the new Act came into effect, by virtue of Section 61(2), Regulations,
1993 ceased to operate.
6. Refuting the averments in the writ petition, learned standing
counsel for the Kerala University of Health Sciences has filed a
statement before the writ court, contending that the appellant medical
college is presently having an admission capacity of 150 students. In
terms of the MCI regulations, (presently National Medical
Commission), medical colleges have to obtain recognition from the
National Medical Commission, and the same is granted, on completion
of the first batch. In the case of appellant college, recognition was
granted only for the intake of 100 seats, for which, original letter of
permission was issued, 50 seats were granted by way of enhancements,
and the same are yet to be recognised.
7. Respondent No.1 has further contended that in terms of the
scheme prepared for enhancement of seats and additional courses, a
college would be eligible to apply for enhancement of seats only when
sanctioned intake of seats shall stand recognised by NMC, in terms of
Section 11(2) of the Indian Medical Council Act, 1956. In Part II of 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 of Study or Training (Including a Postgraduate
Course of Study or Training) Regulations, 2000, under clause 3, which
deals with qualifying criteria, it is provided as under:
"A Medical College/Medical Institution shall be entitled
to make an application to increase the admission
capacity for MBBS/PG Diploma/PG Degree/Higher
Specialty Courses, once the concerned qualification
against the sanctioned intake has been granted
recognition under Section 11(2) of the Act and included
in the First Schedule of the Act."
8. The 1st respondent University has further contended that in view
of the above said reason, the application submitted by the appellant/writ
petitioner for affiliation, stands rejected, and therefore, there is no
illegality in the same.
9. Respondent No.1 has further contended that the University shall
grant the Consent of Affiliation only after verifying the eligibility of the
applicant and the same has to be issued in a format prescribed. In terms
of the format, the University has to agree, in principle, to affiliate the
institution. Considering the above aspect, the Consent of Affiliation
could not be issued for an ineligible applicant.
10. After considering the rival submissions and statutory
provisions, by the impugned judgment, writ court dismissed the writ
petition, as stated above. Being aggrieved, this appeal is filed.
11. Mr. Kurian George Kannanthanam, learned Senior Counsel
appearing for the appellant, submitted that the appellant college was
established with a sanctioned intake of 100 seats a year and this was
based on a "Letter of Permission (LOP)" issued by the Central
Government, under Section 10A of the Indian Medical Council Act,
1956. He also submitted that there was a Letter of Permission to admit
students. The LOP has to be renewed every year for the first 5 years, till
the first batch passes out.
12. Learned Senior Counsel appearing for the appellant further
submitted that if the college satisfies all the requirements of the Medical
Council of India, the college gets recognised under Section 11 of the
Act, 1956. In fact, this is the recognition of the qualification. The
college was recognised in the year 2014 and the recognition was
renewed in 2019. Thereafter, in 2020-21, the college has applied for
enhancement of sanctioned intake (admission capacity) from 100 to 150,
which was sanctioned by the Central Government, as well as the MCI,
and the 1st respondent University has granted affiliation also. If that be
so, the IMC Act, 1956 was repealed and a new Act viz., National
Medical Commission Act, 2019, has come into force.
13. Appellant college wanted to apply for a further enhancement
of seats from 150 to 200 for the academic year 2021-22. Though the
regulations under the new Act does not insist on "Consent of
Affiliation" of the University, the list of documents to be enclosed along
with the application, shall contain the "Consent of Affiliation". Neither
the Kerala University of Health Sciences Act, 2010 nor the First Statutes
framed under the Act, lay down the conditions under which, Consent of
Affiliation can be granted or rejected.
14. Learned Senior Counsel appearing for the appellant further
contended that vide Exhibit-P4 communication dated 27.11.2020, the
application submitted by the appellant for enhancement of seats for
2021-22, was declined by the 1st respondent University, for the reason
that as per the regulations of National Medical Commission, the medical
college shall qualify to apply for increasing the number of admission
only after recognizing the present seats. He also contended that the
NMC had fixed the last date for submission of the application as
15.12.2020. According to the learned Senior Counsel, this was not a
statutory fixation of a time schedule, and it was only an administrative
decision by NMC and that is contrary to what is stated in Exhibit-P4,
and there is no regulation under the new NMC Act 2019, which insists
for such a condition. Therefore, the question to be decided is, whether
the reasons stated in Exhibit-P4 order is correct or not.
15. Mr. Titus Mani Vettom, learned standing counsel for the 3 rd
respondent - National Medical Commission, submitted that the
Regulation "MCI Opening a New or Higher Courses of Study (including
Postgraduate Course of Study or Training) and Increase in Admission
Capacity in any Course of Study or Training (Including a Postgraduate
Course of Study or Training) Regulations, 2000, is a scheme, which a
person has to submit to, for obtaining permission to increase the number
of seats in a medical college/institution.
16. He further submitted that as per Regulation 3, a medical
college shall become entitled to make an application to increase the
admission capacity for MBBS/PG Diploma/PG Degree/Higher Specialty
Courses once the concerned qualification against the sanctioned intake
has been granted recognition under Section 11(2) of the Act and
included in the First Schedule (as amended on 8.6.2018).
17. Learned standing counsel for the 3 rd respondent has relied on a
decision of the Hon'ble Supreme Court in Medical Council of India v.
Rama Medical College Hospital & Research Centre [(2012) 8 SCC 80]
and submitted that it may be of interest to note that Section 33 of the
Act, 1956, empowers the Medical Council to frame regulations, and
provides in sub-sections (fa) and (fb), the right of Medical Council to
frame a scheme in terms of sub-section (2) of Section 10A and also in
regard to any other factors under clause (g) of sub-section (7) of Section
10A. It is quite clear that the Legislature has given the Medical Council
of India the authority to take all the steps, which are necessary to ensure
that a medical institution, either at the time of establishment, or later at
the time of applying for increase in the number of seats, has the capacity
and the necessary infrastructure, not only to run the college, but also to
sustain the increase in the number of seats applied for. To that extent,
since the Act is silent, the regulations which have statutory force will be
applicable to the scheme as contemplated under the Act.
18. Learned standing counsel for the 3rd respondent has further
submitted that subsequent to the pronouncement of the judgment on
6.8.2015 by the Hon'ble Apex Court in Sree Balaji Medical College
and Hospital and Another v. Union of India & Another [(2016) 1
SCC 434], Regulation 3 of the Regulations, 2000 was amended on
2.5.2016 and 8.6.2018 replacing "the Medical College/Institution
recognised by the Medical Council of India" with "concerned
qualification against intake capacity/increased capacity/sanctioned
intake has been granted recognition under Section 11(2) of the Act".
19. Finally, he submitted that the regulations of NMC/MCI are
statutory in nature and have the force of law. Thus, the Kerala
University of Health Sciences has rightly rejected the application made
by the appellant for enhancement of MBBS seats from 150 to 200 and
that the appellant has not made any pleadings challenging the validity of
the said provision.
20. Heard the learned counsel for the parties and perused the
material on record.
21. Exhibit-P4 communication dated 27.11.2020 issued by the
Kerala University of Health Sciences, respondent No.1, rejecting the
application submitted by the appellant for enhancement of seats for
MBBS from 150 to 200 for the A.Yr. 2021-22 reads thus:
"No.24316/2020/AC1/Med/B2/KUHS
Date: 27-11-2020
From
The Registrar
To
The Principal
Travancore Medical College,
Kollam.
Sir,
Sub:- KUHS-Academic-Application submitted for
enhancement of MBBS from 150 to 200 for the
year 2021-22.
Ref:- (1) Report of the Inspection Commission held on
17/11/2020.
(2) Minutes of the Scrutiny Committee held on
20/11/2020.
Kind attention is invited to the references cited
above. I am to inform you that your application for
enhancement of MBBS Course from 150 to 200 for the
year 2021-22 cannot be considered favourably due to the
following reasons.
i. As per the regulations of National Medical Commission,
the Medical College shall qualify to apply for increasing
the number of admission in MBBS seats (150 to 200) only
after recognising the present seats (100 to 150).
Yours faithfully,
Registrar
Approved for Issue
Sd/-
Section Officer"
22. Exhibit-P5 notice dated 27.11.2020 extending the last date for
online submission for applications for MBBS course for AY-2021-22
reads thus:
"National Medical Commission
No.NMC/Secy/2020/06 Dated: 27.11.2020
NOTICE
Extension of last date for online submission of
applications for MBBS course for AY-2021-22
It may be noted that the last date for submission of online
applications for establishing New Medical College and
Increase in MBBS seats for the Academic Year 2021-22
which was 30.11.2020 has now been extended upto
15.12.2020.
(Dr. R. K. Vats)
Secretary"
23. Before going into the submissions advanced by the learned
counsel for the respective parties, we deem it fit to consider the relevant
statutory provisions.
24. The Indian Medical Council Act, 1956 is an Act to provide
for the reconstitution of Medical Council of India, and the maintenance
of a medical register for India and for matters connected therewith.
Section 2(e) of the 1956 Act defines a medical institution to mean, any
institution, within or without India, which grants degrees, diplomas or
licences in medicine.
25. Section 2(h) defines recognised medical qualification to mean,
any of the medical qualifications included in the Schedules.
26. Section 10A of Act, 1956 speaks about permission for
establishment of new medical college, new course of study etc. and it
reads thus:
"10A. Permission for establishment of new medical
college, new course of study.-- (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
(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 recognised medical
qualification; or
(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 accordance with the
provisions of this section.
Explanation 1.--For the purposes of this section,
"person" includes any University or a trust but does not
include the Central Government.
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.
(2) (a) Every person or medical college shall, for
the purpose of obtaining permission under sub-section (1),
submit to the Central 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 accompanied with such fee as may be
prescribed.
(3) On receipt of a scheme by the Council under sub-
section (2), the Council may obtain such other particulars
as may be considered necessary by it from the person or
the medical college concerned, and thereafter, it may,-
(a) if the scheme is defective and does not contain
any necessary particulars, give a reasonable opportunity to
the person or college concerned for making a written
representation and it shall be open to such person or
medical college to rectify the defects, if any, specified by
the Council;
(b) consider the scheme, having regard to the
factors referred to in sub-section (7), and submit the
scheme together with its recommendations thereon to the
Central Government.
(4) The Central Government may, after
considering the scheme and the recommendations of the
Council under sub-section (3) and after obtaining, where
necessary, such other particulars as may be considered
necessary by it from the person or college concerned, and
having regard to the factors referred to in sub-section (7),
either approve (with such conditions, if any, as it may
consider necessary) or disapprove the scheme and any
such approval shall be a permission under sub-section (1):
Provided that no scheme shall be disapproved by the
Central Government except after giving the person or
college concerned a reasonable opportunity of being heard:
Provided further that nothing in this sub-section
shall prevent any person or medical college whose scheme
has not been approved by the Central Government to submit
a fresh scheme and the provisions of this section shall apply
to such scheme, as if such scheme has been submitted for the
first time under sub-section (2).
(5) Where, within a period of one year from the
date of submission of the scheme to the Central
Government under sub-section (2), no order passed by the
Central Government has been communicated to the person
or college submitting the scheme, such scheme shall be
deemed to have been approved by the Central Government
in the form in which it had been submitted, and,
accordingly, the permission of the Central Government
required under sub-section (1) shall also be deemed to
have been granted.
(6) In computing the time-limit specified in sub-
section (5) the time taken by the person or college
concerned submitting the scheme, in furnishing any
particulars called for by the Council, or by the Central
Government shall be excluded.
(7) The Council, while making its
recommendations under clause (b) of sub-section (3) and
the Central Government, while passing an order, either
approving or disapproving the scheme under sub-section
(4), shall have due regard to the following factors,
namely:-
(a) whether the proposed medical college or the
existing medical college seeking to open a new or higher
course of study or training, would be in a position to offer
the minimum standards of medical education as prescribed
by the Council under Section 19A or, as the case may be,
under Section 20 in the case of postgraduate medical
education;
(b) whether the person seeking to establish a
medical college or the existing medical college seeking to
open a new or higher course of study or training or to
increase its admission capacity has adequate financial
resources;
(c) whether necessary facilities in respect of staff,
equipment, accommodation, training and other facilities to
ensure proper functioning of the medical college or
conducting the new course of study or training or
accommodating the increased admission capacity have
been provided or would be provided within the time-limit
specified in the scheme;
(d) whether adequate hospital facilities, having
regard to the number of students likely to attend such
medical college or course of study or training or as a result
of the increased admission capacity, have been provided
or would be provided within the time-limit specified in the
scheme;
(e) whether any arrangement has been made or
programme drawn to impart proper training to students
likely to attend such medical college or course of study or
training by persons having the recognised medical
qualifications;
(f) the requirement of manpower in the field of
practice of medicine; and
(g) any other factors as may be prescribed.
(8) Where the Central Government passes an order
either approving or disapproving a scheme under this
Section, a copy of the order shall be communicated to the
person or college concerned."
27. Section 10B of the 1956 Act speaks about non-recognition of
medical disqualifications in certain cases and it reads thus:
"10-B. Non-recognition of medical qualifications in
certain cases.- (1) Where any medical college is
established except with the previous permission of the
Central Government in accordance with the provisions of
section 10A, no medical qualification granted to any
student of such medical college shall be a recognised
medical qualification for the purposes of this Act.
(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 10-A, no
medical qualification granted to any student of such
medical college on the basis of such study or training shall
be a recognised 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
10-A, no medical qualification granted to any student of
such medical college on the basis of the increase in its
admission capacity shall be a recognised 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 the basis of such increase in the
admission capacity shall be such as may be prescribed."
28. Section 11 of the 1956 Act speaks about recognition of
medical qualifications granted by Universities or medical institutions in
India and it reads thus:
"11. Recognition of medical qualifications granted by
Universities or medical institutions in India.-- (1) The
medical qualifications granted by any University or
medical institution in India which are included in the First
Schedule shall be recognised medical qualifications for the
purposes of this Act.
(2) Any University or medical institution in India
which grants a medical qualification not included in the
First Schedule may apply to the Central Government to
have such qualification recognised, and the Central
Government, after consulting the Council, may, by
notification in the Official Gazette, amend the First
Schedule so as to include such qualification therein, and
any such notification may also direct that an entry shall be
made in the last column of the First Schedule against such
medical qualification declaring that it shall be a
recognised medical qualification only when granted after a
specified date."
29. Section 19 of the 1956 Act speaks about withdrawal of
recognition and it reads thus:
"19. Withdrawal of recognition.-- (1) When upon report
by the Committee or the visitor, it appears to the Council,-
(a) that the courses 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 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.
(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 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.
(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 said
medical qualification declaring that it shall be a recognised
medical qualification only when granted before a specified
date, or that the said medical qualification if granted to
students of a specified college institution affiliated to any
University shall be a recognised medical qualification only
when granted before a specified date or, as the case may
be, that the said medical qualification shall be a recognised
medical qualification in relation to a specified college or
institution affiliated to any University only when granted
after a specified date."
30. Section 19A of the 1956 Act speaks about minimum standards
of medical education and it reads thus:
"19-A. Minimum standards of medical
education.- (1) The Council may prescribe the minimum
standards of medical education required for granting
recognised medical qualifications (other than post-
graduate medical qualifications) by Universities or
medical institutions in India.
(2) Copies of the draft regulations and of all
subsequent amendments thereof shall be furnished by the
Council to all State Governments and the Council shall,
before submitting the regulations or any amendment
thereof, as the case may be, to the Central Government
for sanction, take into consideration the comments of any
State Government received within three months from the
furnishing of the copies as aforesaid.
(3) The Committee shall from time to time report
to the Council on the efficacy of the regulations and may
recommend to the Council such amendments thereof as it
may think fit."
31. In exercise of the powers conferred by Section 33 of the India
Medical Council Act, 1956 (102 of 1956), the Medical Council of India,
with the previous sanction of the Central Government, have made the
Minimum Standard Requirements for the Medical College for 150
M.B.B.S Admissions annually Regulations, 1999. The objective of these
regulations is to prescribe for a medical college and Medical Institution
approved for One Hundred Fifty admissions of MBBS students
annually, the minimum requirements of accommodation in the college
and its associated teaching hospitals, staff (teaching and technical both)
and equipment in the college departments and hospitals. The said
regulations were substituted by Regulation, 2020 dated 28.10.2020 by
virtue of the powers conferred under Section 57 of NMC Act 2019.
32. Government of India, Ministry of Health and Family Welfare
(Department of Health and Family Welfare) vide notification dated
09.05.2019 have made the following amendments in the First Schedule
of the Indian Medical Council Act, 1956, and it reads thus:
[TO BE PUBLISHED IN PART II, SECTION 3, SUB-
SECTION (ii) OF THE GAZETTE OF INDIA
Government of India
Ministry of Health and Family Welfare
(Department of Health and Family Welfare)
Nirman Bhavan, New Delhi-11
Dated: the 09 May, 2019
NOTIFICATION
S.O. In exercise of the powers conferred by sub-section
(2) of Section 11 of the Indian Medical Council Act, 1956 (102
of 1956), the Central Government after consulting the Medical
Council of India, hereby makes the following further
amendments in the First Schedule to the said Act:
In the said First Schedule after "Kerala University of
Health Sciences, Thrissur" and under the heading 'Recognized
Medical Qualification' [Hereinafter referred to as column (2)],
after the last entry and entry relating thereto under the heading
'Abbreviation for Registration' [Hereinafter referred to as
column (3)], the following shall be inserted, namely:-
(2) (3)
-----------------------------------------------------------------------------
Bachelor of Medicine and M.B.B.S
Bachelor of Surgery
This shall be a recognised medical
qualification when granted by Kerala
University of Health Sciences,
Thrissur in respect of students being
trained at Government Medical
College, Manjeri with annual intake
of 100 MBBS students on or after
February, 2018.
Note: 1. The recognition so granted to an undergraduate courses
for award of MBBS degree shall be for a maximum period of 5
years, upon which it shall have to be renewed.
2. The procedure for 'Renewal' of recognition shall be same as
applicable for the award for recognition.
3. Failure to seek timely renewal of recognition as required shall
invariably result in stoppage of admissions to the concerned
undergraduate Course.
[No.U.12012/189/2019-MEI(FTS.8006374)]
Sd/-
(P.K. Bandyopadhyay)
Under Secretary to the Government of India."
33. In exercise of the powers conferred by Section 10A read with
Section 33 of the Indian Medical Council Act, 1956 (102 of 1956), in
supersession of the Establishment of new Medical Colleges, opening of
higher courses of study and increase of admission capacity in medical
colleges Regulations, 1993, insofar as it relates to application for
permission of the Central Government for starting new or higher courses
(including PG degree/diploma and higher specialities) in a medical
college / institution and application for permission of the Central
Government to increase the admission capacity in MBBS/Higher
courses (including Diploma/ Degree/ Higher specialities) in the existing
medical colleges/institutions, the Medical Council of India, with the
previous sanction of the Central Government, made 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 of Study or Training (including a Postgraduate Course of Study
or Training) Regulations, 2000.
34. Regulation 2(3) speaks about permission for establishment of
a new or higher course of study, etc and it reads thus:
"(3) The permission for establishment of a new or higher
course of study, etc.- No medical college shall,-
(a) 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 recognised
medical qualification; or
(b) increase admission capacity in any course of study or
training (including a post-graduate course of study or
training); except after obtaining the previous permission
of the Central Government by submitting Scheme
annexed to these regulations."
35. Part II of the Regulations, 2000 deals with the scheme for
permission of the Central Government to increase the admission
capacity in any course of study or training (including Post Graduate
Course of Study or Training) in the existing Medical
Colleges/Institutions. Clause 1 in Part II speaks about instructions to the
Medical College/Institution. Clause 2 speaks about submission of
application/application fee. Clause 3 speaks about qualifying criteria
and it reads thus:
"3. QUALIFYING CRITERIA:-
The medical college/institution shall qualify to apply for
increasing the number of admission in MBBS/PG Diploma/
Degree/Higher Specialty Course in the existing medical
college /institution if the following conditions are fulfilled:-
1. (1) The Medical College/Institution is recognized by
the Medical Council of India for running MBBS/PG
Diploma/PG Degree/Higher Speciality Courses;
Or
(2) Medical College/Institution has received the formal
permission of the Central Government under section 10A
of the Indian Medical Council Act, 1956 (102 of 1956)
and has started the post-graduate course in which the
increase in admission capacity is sought.
The above Clause has been substituted with the following
in terms of Notification published on 29.12.2009 in the
Gazette of India:-
"The medical college/institution must be recognized by
the Medical Council of India for running Bachelor of
Medicine and Bachelor of Surgery/Post Graduate
Course; however, the medical college/institute which is
not yet recognized by the Medical Council of India for
the award of MBBS degree may apply for increase of
intake in Post Graduate Courses in pre-clinical and
para-clinical subjects of Anatomy, Physiology,
Biochemistry, Pharmacology, Pathology, Microbiology,
Forensic Medicine & Community Medicine at the time of
4th renewal i.e. along with the admission of 5 th Batch for
the MBBS Course".
The above Clause has been further substituted with the
following in terms of Notification published on 02.05.2016 in
the Gazette of India:-
"For any increase in the annual intake capacity for
admission to MBBS course, only those medical
college/institution are eligible to apply whose medical
degree is a recognized medical qualification under
section 11(2) of the Indian Medical Council Act, 1956 for
that particular intake capacity/increased intake capacity
for which Letter of Permission was granted by the
Central Government; however, the medical
college/institute which is not yet recognized under
section 11(2) of the IMC Act, 1956 for the award of
MBBS degree may apply for increase of intake in
Postgraduate courses in pre-clinical and para-clinical
subjects of Anatomy, Physiology, Biochemistry,
Pharmacology, Pathology, Microbiology, Forensic
Medicine & Community Medicine at the time of 4th
Renewal, i.e. along with the admission of 5th batch for
the MBBS course"
The above Clause has been further substituted with the
following in terms of Notification published on 08.06.2018 in
the Gazette of India:-
"A Medical College/Medical Institution shall be entitled
to make an application to increase the admission
capacity for MBBS/PG Diploma/PG Degree/Higher
Specialty Courses, once the concerned qualification
against the sanctioned intake has been granted
recognition under section 11 (2) of the Act and included
in the First Schedule of the Act."
2. The permission letter regarding desirability and
feasibility of having an increase of seats in the existing
medical college/institution for aforesaid Courses has been
obtained by the applicant from the respective State
Government or the Union Territory Administration.
3. Letter of University's permission for increasing the
admission capacity in any course of study or training
(including a postgraduate course of study or training) in
seats in the existing medical college/institution has been
obtained by the medical college/institution from the
university to which it is affiliated.
The above Clauses "3.2 and 3.3" have been substituted
with the following in terms of Notification published on
29.12.2009 in the Gazette of India:-
"3.2 That the Essentiality Certificate in the prescribed
format regarding no objection of the State
Government/Union Territory administration for
opening of New or Higher Course of Study or
Training (Including Post Graduate Course of Study
or Training) and Increase of Admission Capacity in
any Course of Study or Training (Including a Post
Graduate Course of Study or Training) in the
medical college/institution and availability of the
adequate clinical material as per the Council
Regulations have been obtained by the applicant
from the concerned State Government/Union
Territory administration, as the case may be.
The above point no.3.2 of the Qualifying Criteria of "(A)
Part II Scheme for permission of the Central Government to
increase the admission capacity in any course of study or
training (including Postgraduate course of Study or Training)
in the existing medical colleges/institutions" shall be deleted"
in terms of Notification dated 24.10.2016 published in the
Gazette of India.
3.3 That Consent of Affiliation in the prescribed format
with respect to opening of New or Higher Course of
Study or Training (Including Post Graduate Course
of Study or Training) and Increase of Admission
Capacity in any Course of Study or Training
(Including a Post Gradaute Course of Study or
Training) has been obtained by the Medical
College/institution from the University to which it is
affiliated."
4. That the medical college/institution has a feasible and
time bound programme to provide additional equipment
and infrastructural facilities like the number of staff,
space, funds, equipment and teaching beds etc, for
increased numbers as laid down in the Medical Council
of India Regulations. The above sub-clause 4 of clause 3
under the heading "qualifying criteria" in part II , shall be
deleted in terms of Gazette Notification dated
06.07.2017.
5. The ratio of teaching staff and students shall be as laid
down in the Medical Council of India Regulations on
Minimum Standard Requirements for the Medical
College for 50/100/150 Admissions in a medical college
for Bachelor of Medicine and Bachelor of Surgery
(MBBS)and the Post-graduate Medical Education
Regulations for post-graduate admissions.
6. That the maximum number of admissions in MBBS
course shall not exceed 150 annually.
The above Clause has been substituted with the following
in terms of Notification published on 09.12.2009 in the
Gazette of India:-
"The maximum number of admission in MBBS course
shall not exceed 250 annually provided that the eligibility
criteria fixing the upper ceiling of annual intake to
200/250 admissions annually shall be as under:-
A. For Annual intake capacity of 200
(i) Number of teaching beds not less than 1250 with the
standing of not less than 15 years.
(ii) OPD strength per day not less than 2000.
(iii) Bed occupancy average not less than 80%.
(iv) The hospital must be unitary.
B. For Annual intake capacity of 250
(i) Number of teaching beds not less than 1500 with the
standing of not less than 15 years.
(ii) OPD strength per day not less than 3000.
(iii) Bed occupancy average not less than 80%.
(iv) The hospital must be unitary."
The above Clause 6 as amended vide notification dated
9.12.2009 shall be substituted as under, in terms of
Notification dated 17.09.2010.
"6. The maximum number of admissions in MBBS course
shall not exceed 250 annually provided that the eligibility
criteria for fixing upper ceiling of annual intake to
200/250 admissions annually shall be as under:-
(a) For annual intake capacity of 200
(i) Number of teaching beds not less than 900 with
standing of not less than 10 years.
*"The period of ten years shall be reckoned from the
date of submission of application to the Central
Government of the year in which Letter of Permission
has been granted."
The above Clause has been added in terms of Notification
published on 20.06.2018 in the Gazette of India.
(ii) OPD strength per day not less than 2000
(iii) Bed occupancy : Average not less than 75%
(iv) The hospital must be unitary.
(b) For annual intake capacity of 250
(i) Number of teaching beds not less than 1100 with
standing of not less than 10 years.
*"The period of ten years shall be reckoned from the
date of submission of application to the Central
Government of the year in which Letter of Permission
has been granted."
The above Clause has been added in terms of Notification
published on 20.06.2018 in the Gazette of India.
(ii) OPD strength per day not less than 3000
(iii) Bed occupancy : Average not less than 75%
(iv) The hospital must be unitary."
36. The National Medical Commission Act, 2019 is an Act to
provide for a medical education system that improves access to quality
and affordable medical education, ensures availability of adequate and
high quality medical professionals in all parts of the country; that
promotes equitable and universal healthcare that encourages community
health perspective and makes services of medical professionals
accessible to all the citizens; that promotes national health goals; that
encourages medical professionals to adopt latest medical research in
their work and to contribute to research; that has an objective periodic
and transparent assessment of medical institutions and facilitates
maintenance of a medical register for India and enforces high ethical
standards in all aspects of medical services; that is flexible to adapt to
changing needs and has an effective grievance redressal mechanism and
for matters connected therewith or incidental thereto.
37. Section 2(i) of the NMC Act, 2019 defines a medical
institution to mean any institution within or outside India which grants
degrees, diplomas or licences in medicine and includes affiliated
colleges and deemed to be Universities.
38. Section 28 of the NMC Act, 2019 speaks about permission for
establishment of new medical college and it reads thus:
"28. Permission for establishment of new medical
college.- (1) No person shall establish a new medical
college or start any postgraduate course or increase number
of seats without obtaining prior permission of the Medical
Assessment and Rating Board.
(2) For the purposes of obtaining permission under
sub-section (1), a person may submit a scheme to the
Medical Assessment and Rating Board in such form,
containing such particulars, accompanied by such fee, and
in such manner, as may be specified by the regulations.
(3) The Medical Assessment and Rating Board shall,
having due regard to the criteria specified in section 29,
consider the scheme received under sub-section (2) and
either approve or disapprove such scheme within a period of
six months from the date of such receipt:
Provided that before disapproving such scheme, an
opportunity to rectify the defects, if any, shall be given to
the person concerned.
(4) Where a scheme is approved under sub-section
(3), such approval shall be the permission under sub-section
(1) to establish new medical college.
(5) Where a scheme is disapproved under sub-
section (3), or where no decision is taken within six months
of submitting a scheme under sub-section (1), the person
concerned may prefer an appeal to the Commission for
approval of the scheme within fifteen days of such
disapproval or, as the case may be, lapse of six months, in
such manner as may be specified by the regulations.
(6) The Commission shall decide the appeal received
under sub-section (5) within a period of forty-five days from
the date of receipt of the appeal and in case the Commission
approves the scheme, such approval shall be the permission
under sub-section (1) to establish a new medical college and
in case the Commission disapproves the scheme, or fails to
give its decision within the specified period, the person
concerned may prefer a second appeal to the Central
Government within thirty days of communication of such
disapproval or, as the case may be, lapse of specified period.
(7) The Medical Assessment and Rating Board may
conduct evaluation and assessment of any medical
institution at any time, either directly or through any other
expert having integrity and experience of medical profession
and without any prior notice and assess and evaluate the
performance, standards and benchmarks of such medical
institution.
Explanation.- For the purposes of this section, the
term "person" includes a University, trust or any other
association of persons or body of individuals, but does not
include the Central Government."
This clause provides for permission for establishment of new
medical college, starting of post-graduate course and increase
of seats. (Notes on Clauses)"
39. Chapter IV of Act, 2019 deals with recognition of medical
qualifications. Sections 35 & 36 of Chapter IV speak about recognition
of medical qualifications granted by Universities or medical institutions
in India and medical institutions outside India. Sections 35 and 36 of the
NMC Act read thus:
"35. Recognition of medical qualifications granted by
Universities or medical institutions in India.- (1) The
medical qualification granted by any University or medical
institution in India shall be listed and maintained by the
Under-Graduate Medical Education Board or the Post-
Graduate Medical Education Board, as the case may be, in
such manner as may be specified by the regulations and
such medical qualification shall be a recognised medical
qualification for the purposes of this Act.
(2) Any University or medical institution in India
which grants an undergraduate or postgraduate or super-
speciality medical qualification not included in the list
maintained by the Under-Graduate Medical Education
Board or the Post-Graduate Medical Education Board, as the
case may be, may apply to that Board for granting
recognition to such qualification.
(3) The Under-Graduate Medical Education Board
or the Post-Graduate Medical Education Board, as the case
may be, shall examine the application for grant of
recognition to a medical qualification within a period of six
months in such manner as may be specified by the
regulations.
(4) Where the Under-Graduate Medical Education
Board or the Post-Graduate Medical Education Board, as the
case may be, decides to grant recognition to a medical
qualification, it shall include such medical qualification in
the list maintained by it and also specify the date of effect of
such recognition.
(5) Where the Under-Graduate Medical Education
Board or the Post-Graduate Medical Education Board, as the
case may be, decides not to grant recognition to a medical
qualification, the University or the medical institution
concerned may prefer an appeal to the Commission for grant
of recognition within sixty days of the communication of
such decision, in such manner as may be specified by the
regulations.
(6) The Commission shall examine the appeal
received under sub-section (5) within a period of two
months and if it decides that recognition may be granted to
such medical qualification, it may direct the Under-
Graduate Medical Education Board or the Post-Graduate
Medical Education Board, as the case may be, to include
such medical qualification in the list maintained by that
Board, in such manner as may be specified by the
regulations.
(7) Where the Commission decides not to grant
recognition to the medical qualification, or fails to take a
decision within the specified period, the University or the
medical institution concerned may prefer a second appeal to
the Central Government within thirty days of the
communication of such decision or lapse of specified
period, as the case may be.
(8) All medical qualifications which have been
recognised before the date of commencement of this Act
and are included in the First Schedule and Part I of the Third
Schedule to the Indian Medical Council Act, 1956, shall
also be recognised medical qualifications for the purposes of
this Act, and shall be listed and maintained by the Under-
Graduate Medical Education Board or the Post-Graduate
Medical Education Board, as the case may be, in such
manner as may be specified by the regulations.
This clause provides for recognition of medical qualifications
granted by universities or medical institutions in India. The
institutions shall apply Under-Graduate Medical Education
Board which shall examine the application and decide on
grant of recognition. First appeal shall lie to the commission
and second appeal to the Central Government. (Notes on
Clauses)"
"36. Recognition of medical qualifications granted by
medical institutions outside India.- (1) Where an authority
in any country outside India, which by the law of that
country is entrusted with the recognition of medical
qualifications in that country, makes an application to the
Commission for granting recognition to such medical
qualification in India, the Commission may, subject to such
verification as it may deem necessary, either grant or refuse
to grant recognition to that medical qualification:
Provided that the Commission shall give a
reasonable opportunity of being heard to such authority
before refusing to grant such recognition.
(2) A medical qualification which is granted
recognition by the Commission under sub-section (1) shall
be a recognised medical qualification for the purposes of
this Act, and such qualification shall be listed and
maintained by the Commission in such manner as may be
specified by the regulations.
(3) Where the Commission refuses to grant
recognition to the medical qualification under sub-section
(1), the authority concerned may prefer an appeal to the
Central Government against such decision within thirty days
of communication thereof.
(4) All medical qualifications which have been
recognised before the date of commencement of this Act
and are included in the Second Schedule and Part II of the
Third Schedule to the Indian Medical Council Act, 1956,
shall also be recognised medical qualifications for the
purposes of this Act, and shall be listed and maintained by
the Commission in such manner as may be specified by the
regulations.
This clause provides for recognition of medical qualifications
granted by medical institutions outside India. (Notes on
Clauses)"
40. Section 60 of the NMC Act, 2019 in Chapter VIII -
Miscellaneous, speaks about Repeal and Saving and it reads thus:
"60. Repeal and saving.- (1) With effect from such date as
the Central Government may appoint in this behalf, the
Indian Medical Council Act, 1956 shall stand repealed and
the Medical Council of India constituted under sub-section
(1) of section 3 of the said Act shall stand dissolved.
(2) Notwithstanding the repeal of the Act referred to
in sub-section (1), it shall not affect,--
(a) the previous operation of the Act so repealed or anything
duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired,
accrued or incurred under the Act so repealed; or
(c) any penalty incurred in respect of any contravention
under the Act so repealed; or
(d) any proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty as aforesaid, and any
such proceeding or remedy may be instituted, continued or
enforced, and any such penalty may be imposed as if that
Act had not been repealed.
(3) On the dissolution of the Medical Council of
India, the person appointed as the Chairman of the Medical
Council of India and every other person appointed as the
Member and any officer and other employee of that Council
and holding office as such immediately before such
dissolution shall vacate their respective offices and such
Chairman and other Members shall be entitled to claim
compensation not exceeding three months' pay and
allowances for the premature termination of term of their
office or of any contract of service:
Provided that any officer or other employee who has
been, immediately before the dissolution of the Medical
Council of India appointed on deputation basis to the
Medical Council of India, shall, on such dissolution, stand
reverted to his parent cadre, Ministry or Department, as the
case may be:
Provided further that any officer or other employee
who has been, immediately before the dissolution of the
Medical Council of India, employed on regular or
contractual basis by the Medical Council of India, shall, on
and from such dissolution, cease to be the officer or
employee of the Medical Council of India and his
employment in the Medical Council of India stand
terminated with immediate effect:
Provided also that such officer or employee of the
Medical Council of India shall be entitled to such
compensation for the premature termination of his
employment, which shall not be less than three months' pay
and allowances, as may be prescribed.
(4) Notwithstanding the repeal of the aforesaid
enactment, any order made, any licence to practice issued,
any registration made, any permission to start new medical
college or to start higher course of studies or for increase in
the admission capacity granted, any recognition of medical
qualifications granted, under the Indian Medical Council
Act, 1956, which are in force as on the date of
commencement of this Act, shall continue to be in force till
the date of their expiry for all purposes, as if they had been
issued or granted under the provisions of this Act or the
rules or regulations made thereunder.
This clause provides for repeal and saving. The Indian
Medical Council Act, 1956 shall stand repealed and the
Medical Council of India shall stand dissolved from the date
as may be prescribed by the Central Government. The
Chairman and other members and employees of Medical
Council of India shall vacate their respective offices and be
entitled to compensation. (Notes on Clauses)"
41. Section 61 of the Act, 2019 speaks about transitory provisions
and it reads thus:
"61. Transitory provisions.- (1) The Commission shall be
the successor in interest to the Medical Council of India
including its subsidiaries or owned trusts and all the assets
and liabilities of the Medical Council of India shall be
deemed to have been transferred to the Commission.
(2) Notwithstanding the repeal of the Indian Medical
Council Act, 1956 (102 of 1956), the educational standards,
requirements and other provisions of the Indian Medical
Council Act, 1956 (102 of 1956) and the rules and
regulations made thereunder shall continue to be in force
and operate till new standards or requirements are specified
under this Act or the rules and regulations made thereunder:
Provided that anything done or any action taken as
regards the educational standards and requirements under
the enactment under repeal and the rules and regulations
made thereunder shall be deemed to have been done or
taken under the corresponding provisions of this Act and
shall continue in force accordingly unless and until
superseded by anything done or by any action taken under
this Act.
This clause provides for transitory provisions. Even after
the repeal of the Indian Medical Council Act, 1956, the rules
and regulations made thereunder shall continue to be in force
till new rules and regulations are framed by the National
Medical Council. (Notes on Clauses)"
42. The National Medical Commission - Information sheet for
Online Application for Increase of Annual Intake in MBBS seats for the
academic year 2021-22 is reproduced hereunder for convenience:
"National Medical Commission
Information sheet for Online Application for Increase in
Annual Intake in MBBS seats for the AY 2021-22
ALL Applicants are requested to read the Information and
Instructions contained in this sheet carefully before submitting
their applications.
Important:
1. For the AY 2021-22 ONLY ONLINE Applications will
be received - including enclosures and Fees. NO OFFLINE
(Hard Copy) will be accepted by the commission.
2. All Applications for the AY 2021-22 will be in accordance
with the Amendments to the Minimum Requirements for
Annual M.B.B.S. Admissions Regulations, 2020 of the NMC
and the Medical Council of India Increase of Admission
capacity in any course of study or Training regulations,2000
(All applicants are requested to read these regulations
available on the NMC website under Rules & Regulations,
NMC prior to submitting their application).
3. All applicants are to ensure that they fulfill the Qualifying
criteria mentioned in these amended regulations.
ONLINE Application process
1. All applicants have to first register themselves by visiting
the registration page by clicking on the below icon "click here
to proceed to registration page".
2. After filling up the registration form, you will receive a
Unique ID with one-time password on your registered email
ID.
3. You need to sign in with the Unique ID, you will be
prompted to change your password. Therefore, request you to
change the password of your choice.
4. To Start online application process, pls sign in with your
Unique ID and your new password. After signing in, please
click on "Start Application - Increase in MBBS seats" icon.
5. Online Application FORM opens. Please click below to
check the application form format:
(Application Form format & information required)
6. PARTICULARS OF APPLICANT
Fill the required information for Items 1 to 8
a. For Item 6- Name of Affiliating University- also need to
Upload Consent of affiliation from the University
Pls click here for format of Consent of Affiliation
7. Self-Verification of correctness of submitted Information/
Documents submitted by Applicant (to Upload the said
certificate)
8. Fees: The required non-refundable fee for application is as
below:
a. Rs.2.0 lakhs for the Government Colleges (under Central
Government and State Governments)
b. Rs.4.00 lakhs for private sector medical colleges/institutions
Mode of Payment
(i) PayU: You can make an online payment by selecting the
option "PayU" from the dropdown menu. It will redirect you
to the payment gateway window wherein you can make the
payment using your credit card / debit card or via Net
Banking. You can also make the payment using UPI.
(ii) NEFT/RTGS: In case of NEFT/RTGS transactions, please
add the below bank details as beneficiary at the time of
registration for net banking:
xx xxx xxxxx
9. The data can be Saved and completed at another time
10. To Submit, click on the SUBMIT APPLICATION icon.
In case all fields have not been filled or required document not
uploaded, the system will not allow submission of the
application."
43. Public notice dated 13.10.2020 issued by the Secretary,
National Medical Commission Undergraduate Medical Education Board
is extracted hereunder:
"National Medical Commission
Undergraduate Medical Education Board
Public Notice
In accordance with section 57(1) and section 24(1) of the
National Medical Commission Act, 2019, the following
regulations namely (i) "Minimum Requirements for Annual
MBBS admissions regulations, 2020" and (ii) "Amendment
to establishment of Medical College Regulations" framed by
the National Medical Commission is being in placed in
public domain for comments.
The comments, if any, should be submitted to the
Secretary, National Medical Commission by e-mail at secy-
[email protected] on or before 5.00 PM on 19.10.2020.
Dr. R.K. Vats,
Secretary
Date: 13.10.2020"
44. Finally, in exercise of the powers conferred by Section 37 of
the National Medical Commission Act, 2019 (30 of 2019), the National
Medical Commission, by notification dated 28.10.2020, made the
Minimum Requirements for Annual M.B.B.S. Admissions Regulations,
2020. These regulations shall be applicable for Medical Colleges being
established from the academic session 2021-22 onwards. Regulation
2(ii) of the said regulations reads thus:
"2(ii) The relevant Minimum Standard Requirements for
the Medical College for 50/100/150/200/250 Regulations
and the Requirements to be fulfilled by the Applicant
Colleges for obtaining Letter of Intent and Letter of
Permission for Establishment of the new Medical
Colleges and Yearly Renewals under Section 10-A of
the Indian Medical Council Act, 1956 read with section
61(2) of the NMC Act, 2019 shall be the governing
Regulations for Medical Colleges established prior to last
date of grant of letter of permission for establishing new
Medical College/renewal of permission/increase of intake
capacity for the Academic Session 2020-21."
45. Regulation 7 of the Regulations, 2020 speaks about the Intake
Capacity and it reads thus:
"7. Intake Capacity: Medical Colleges shall be established
with an annual intake capacity of 100 /150 MBBS
Admissions annually and thereafter can be increased
to150/200/250 MBBS Admissions Annually. The phase-
wise Requirements to be fulfilled by the applicant colleges
for obtaining Letter of Intent and Letter of Permission for
Establishment of New Medical College or Increase in
Annual intake & Yearly Renewals for 100/150/200/250
M.B.B.S. admissions annually shall be in accordance with
Annexure I, II, III, and IV of these Regulations."
46. Clause B(1) of Schedule II - Staff Requirements, of the
regulations states that the requirements of Teaching faculty and Tutors/
Demonstrators/Senior Residents in various Non-Clinical and Clinical
Departments for annual intakes of 100-250 MBBS students shall be as
provided in Annexures I to IV appended with the regulations.
47. Since the learned Senior Counsel for the appellant made
elaborate arguments on the issue of qualification and minimum
standards, contained under the Indian Medical Council Act, 1956, the
National Medical Commission Act, 2019, the Opening of a New or
Higher Course of study or Training (including Post-graduate Course of
Study or Training), the Increase of Admission Capacity in any Course of
Study or Training (Including a Postgraduate Course of Study or
Training) Regulations, 2000, and the Minimum Requirements for
Annual M.B.B.S Admissions Regulations, 2020, we have discussed the
entire provisions to have a wholesome appreciation of the issues raised.
48. Even though the National Medical Commission Act, 2019
came into force on 25.09.2020, by virtue of Section 60 dealing with
repeal and saving, and Section 61 dealing with transitory provisions, the
provisions of the Indian Medical Council Act, 1956, and the regulations
made thereunder shall continue in force, which is an undisputed fact.
Section 60(2) of the Act, 2019 makes it clear that though the Indian
Medical Council Act, 1956 stands repealed, notwithstanding the repeal
of the Act, it shall not affect certain aspects, which are dealt with
thereunder. Sub-section (4) of Section 60 makes it also clear that
notwithstanding the repeal of the Act, 1956, any order made, any licence
to practice issued, any registration made, any permission to start new
medical college or to start higher course of studies or for increase in the
admission capacity granted, any recognition of medical qualifications
granted, under the Indian Medical Council Act, 1956, which are in force
as on the date of commencement of the NMC Act, 2019, shall continue
to be in force, till the date of their expiry for all purposes, as if they had
been issued or granted under the provisions of the Act or the Rules or
regulations made thereunder.
49. On a conjoint reading of Sections 60 and 61 of the National
Medical Commission Act, 2019, it is clear that by a statutory legal
fiction, contained under the NMC Act, 2019, the recognition of medical
qualifications granted and the requirements thereto also continue to be
in force, in accordance with the statutory provisions and regulations
prevalent when the NMC Act, 2019 came into force with effect from
2.9.2019. That apart, Section 61 of the Act, 2019 makes it clear that the
National Medical Commission shall be the successor in interest to the
Medical Council of India and, by virtue of sub-section (2) thereto,
notwithstanding the repeal of the Indian Medical Council Act, 1956, the
educational standards, requirements, and other provisions of the Act,
1956 and the rules and regulations made thereunder shall continue to be
in force and operate till new standards and requirements are specified
under the Act, 2019 or the rules and regulations made thereunder.
50. Reading of Sections 60 and 61 of the National Medical
Commission Act, 2019 further makes it clear that whatever standards
prescribed or requirements specified under the Act or the rules or the
regulations continue to be in force till such time new regulations and
rules are framed under the NMC Act, 2019. Therefore, when the case
put forth by the appellant is taken into account, the standards prescribed
for the increase in intake capacity, as per the Regulations, 2000
continues to be in force, till such time the new regulations are made
replacing it. Therefore, the prescriptions contained under the
Regulations, 2000, as regards the increase in admission capacity, and the
requirement for Consent of Affiliation continue to be in force, till such
time a regulation is made under the Act, 2019.
51. In the Minimum requirements for Annual MBBS Admissions
Regulations, 2020, minimum standard requirements are prescribed and
shall be the governing regulations, in regard to medical colleges,
established prior to the last date of grant of Letter of Permission for
establishing new medical college/renewal of permission/increase in
intake capacity upto the Academic Session 2020-2021 and yearly
renewals as per Section 10A of Act 1956 read with Section 61(2) of the
NMC Act, 2019. However, it is relevant to note that the regulations
prescribe only the relevant minimum standard requirements for
establishment of the medical college in regard to admission capacity
with 50/100/150/200/250, but it does not speak about the recognition of
qualification at all, which is quite clear and evident from Regulation 7
thereto, which specifies that medical colleges shall be established only
with an intake capacity of 100/150 MBBS Admissions annually and
thereafter, can be increased to 150/200/250. It is also evident that the
phase-wise requirements to be fulfilled by the applicant Colleges for
obtaining Letter of Intent and Letter of Permission, for establishment of
new medical colleges, or for increase in annual intake and yearly annual
increase for 100/150/200/250 MBBS Admissions annually shall be in
accordance with Annexures-I, II, III and IV of the Regulations.
52. On an analysis of the annexures specified above, it is clear that
it deals with the requirements to be fulfilled by the applicant Colleges
for obtaining Letter of Intent and Letter of Permission for establishment
of new medical colleges and yearly renewals for 100 MBBS Admissions
annually; requirement of faculty and residents for 100 MBBS
Admissions annually; infrastructural facilities with original seating
capacity of 100; enhanced seating capacity of 150; requirements of
faculty; residence for 150 MBBS Admissions annually; and
requirements to be fulfilled by the applicant Colleges for obtaining
Letter of Intent or Letter of Permission, for establishment of new
medical college and yearly renewals for 250 MBBS Admissions
annually etc.
53. Reading of the provisions of Regulations, 2020 along with
annexures, further makes it clear that it prescribes the relevant minimum
standard requirements for the colleges, for the purpose of obtaining
Letter of Intent and Letter of Permission, for establishment of new
medical colleges, but the requirements under Section 10-A of the Indian
Medical Council Act, 1956 r/w. Section 61(2) of the National Medical
Commission Act, 2019 shall be the governing regulations up till the
Academic Session 2020-2021. However, the learned single Judge has
considered the questions with respect to the requirement of essentiality
certificate, recognition of qualification, etc., vis-a-vis the provisions of
Regulations, 2000, read with the provisions of Act, 1956 and Section
61(2) of NMC Act, 2019, and at paragraphs 27 to 33, held as under:
"27. After enactment of the National Medical
Commission Act, 2019, the National Medical
Commission notified the Establishment of Medical
College (Amendments) Regulations, 2020, vide the
notification published in the Gazette of India dated
29.10.2020, in exercise of the powers conferred by
Section 10A read with Section 33 of the Indian Medical
Council Act, 1956 and sub-section (2) of Section 61 of
the National Medical Commission Act, 2019 to further
amend the Establishment of Medical College
Regulations, 1999. As per the said notification, in
Clause 2 of the Scheme under the heading 'qualifying
criteria', sub-clause (2A) is added after subclause (2); in
Clause 2 of the Scheme under the heading 'eligibility
criteria', sub-clause (5A) is added after sub-clause (5);
and in clause 8 of the Scheme under the heading 'grant
of permission', sub-clause (3)(1A) is added after sub-
clause (3)(1). The amended provisions are applicable for
medical colleges being established from the academic
session 2021-22.
28. In exercise of the powers conferred by Section
10A read with Section 33 of the Indian Medical Council
Act, 1956, in supersession of the Establishment of new
Medical Colleges, Opening of Higher Courses of Study
and Increase of Admission Capacity in Medical Colleges
Regulations, 1993, in so far as it relates to application
for permission of the Central Government for starting
new or higher courses (including PG degree/diploma
and higher specialities) in a medical college/institution
and application for permission of the Central
Government to increase the admission capacity in
MBBS/Higher courses (including Diploma/Degree/
Higher specialities) in the existing medical colleges/
institutions, the Medical Council of India, with the
previous sanction of the Central Government, made the
Opening of a New or Higher Course of Study or
Training (including Postgraduate Course of Study or
Training) and Increase of Admission Capacity in any
Course of Study or Training (including a Postgraduate
Course of Study or Training) Regulations, 2000, which
came into force on 07.10.2000.
29. As per Clause 3 of the regulations, which
deals with the permission for establishment of a new or
higher course of study, etc., no medical college shall, (a)
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 recognised
medical qualification; or (b) increase admission capacity
in any course of study or training (including a post-
graduate course of study or training); except after
obtaining the previous permission of the Central
Government by submitting Scheme annexed to the
Regulations.
30. Part II of the Regulations deals with the
Scheme for Permission of the Central Government to
Increase the Admission Capacity in any Course of Study
or Training (Including Postgraduate Course of Study or
Training) in the Existing Medical Colleges/ Institutions.
As per Clause 3 of the Scheme, which deals with
qualifying criteria, the medical college/institution shall
qualify to apply for increasing the number of admission
in MBBS/PG Diploma/ Degree/Higher Specialty Course
in the existing medical college/ institution if the
conditions enumerated in sub-clauses (1) to (7) are
fulfilled.
31. As per sub-clause (1) of Clause 3, substituted
by the notification published in the Gazette of India
dated 02.05.2016, for any increase in the annual intake
capacity for admission to MBBS course, only those
medical college/institution are eligible to apply whose
medical degree is a recognised medical qualification
under sub-section (2) of Section 11 of the Indian
Medical Council Act, 1956 for that particular intake
capacity/increased intake capacity for which Letter of
Permission was granted by the Central Government;
however, the medical college/institute which is not yet
recognised under sub-section (2) of Section 11 of the
Indian Medical Council Act for the award of MBBS
degree may apply for increase of intake in Postgraduate
courses in pre-clinical and paraclinical subjects of
Anatomy, Physiology, Biochemistry, Pharmacology,
Pathology, Microbiology, Forensic Medicine &
Community Medicine at the time of 4th renewal, i.e.
along with the admission of 5th batch for the MBBS
course. As per sub-clause (1) of Clause 3, substituted
further by the notification published in the Gazette of
India dated 08.06.2018, a Medical College/Medical
Institution shall be entitled to make an application to
increase the admission capacity for MBBS/PG
Diploma/PG Degree/Higher Specialty Courses, once the
concerned qualification against the sanctioned intake has
been granted recognition under sub-section (2) of
Section 11 of the Act and included in the First Schedule
of the Act.
32. In view of the transitory provisions under sub-
section (2) of Section 61 of the National Medical
Commission Act, 2019, the Establishment of Medical
College Regulations, 1999, as amended by the
Establishment of Medical College (Amendments)
Regulations, 2020, and also the Opening of a New or
Higher Course of Study or Training (including
Postgraduate Course of Study or Training) and Increase
of Admission Capacity in any Course of Study or
Training (including a Postgraduate Course of Study or
Training) Regulations, 2000 issued under the provisions
of the Indian Medical Council Act, 1956 shall continue
to be in force and operate till new regulations are made
by the National Medical Commission under the
provisions of the National Medical Commission Act,
2019. The contention to the contrary raised by the
petitioner is untenable.
33. Part II of the Regulations of 2000 deals with
Scheme for Permission of the Central Government to
Increase the Admission Capacity in any Course of Study
or Training (Including Postgraduate Course of Study or
Training) in the Existing Medical Colleges/ Institutions.
As per sub-clause (1) of Clause 3 of the said Scheme,
substituted by the notification published in the Gazette
of India dated 08.06.2018, a Medical College/Medical
Institution shall be entitled to make an application to
increase the admission capacity for MBBS/PG
Diploma/PG Degree/Higher Specialty Courses, once the
concerned qualification against the sanctioned intake has
been granted recognition under sub-section (2) of
Section 11 of the Indian Medical Council Act, 1956,
read with the provisions under the National Medical
Commission Act. In the case of the petitioner's medical
college, the annual intake was enhanced from 100 to 150
by the Medical Council of India, during the academic
year 2020-21. In view of the prohibition contained in
sub-clause (1) of Clause 3 of the Scheme in Part II of the
Regulations of 2000, the petitioner's medical college
will be entitled to make an application to increase the
admission capacity in MBBS course, once the concerned
qualification against the sanctioned intake of 150 has
been granted recognition under sub-section (2) of
Section 11 of the Indian Medical Council Act, read with
the provisions under the National Medical Commission
Act, 2019."
54. The above said findings were rendered by the learned single
Judge taking into account the entire aspects of the matter now put forth
by the learned Senior Counsel appearing for the appellant and it was
held that by virtue of Section 61 of the National Medical Commission
Act, 2019, the Regulations, 2000 is still in force and the appellant
college is entitled to make an application for increasing the admission
capacity in MBBS Course once the concerned qualification against the
sanctioned intake of 150 has been granted recognition under sub-section
(2) of Section 11 of the Indian Medical Council Act, 1956 r/w. the
provisions of the National Medical Commission Act, 2019.
55. We also find that the contentions advanced based on the
Minimum Requirements for Annual M.B.B.S. Admissions Regulations,
2020 dated 28.10.2020 cannot be pressed into service for the purpose of
recognition of medical qualification taken care of under the Indian
Medical Council Act, 1956 and the Regulations, 2000 made thereto, in
view of the protection provided to the provisions of the Act, 1956 and
the regulations, under Section 61 of the National Medical Commission
Act, 2019. This is because Section 19A(1) of the Act, 1956, dealing
with the minimum standards of medical education, specifies that the
Council may prescribe the minimum standards of medical education
required for granting recognised medical qualifications (other than
post-graduate medical qualifications) by Universities or medical
institutions in India.
56. Therefore, reading of Section 19A along with the Regulations,
2020, relied on by the appellant, makes it clear that there has to be
regulations prescribing, granting recognised medical qualifications by
the medical institutions in India. Since there is no regulation so far
issued by the National Medical Commission in regard to granting
recognised medical qualifications, the Regulations, 2000 would continue
to be in force as is contemplated under Sections 60(4) and 61(2) of the
NMC Act, 2019. This would be very clear if a reference is made to
Section 10A(7) (a), and (b) and Section 10B(3) of the Indian Medical
Council Act, 1956, dealing with Permission for establishment of new
medical colleges, new course of study etc, and non- recognition of
medical qualification respectively.
57. We are also of the view that the Minimum Requirements for
Annual M.B.B.S. Admissions Regulations, 2020, have not substituted
the Minimum Standard Requirements for the Medical College for 150
Admissions Annually Regulations, 1999, but for the time being, what
we could gather is, both the regulations operate together till a new
notification is made. That apart, the Regulations, 2000 make it clear
that a Letter of University's Permission for starting the courses in the
existing college or institution, has to be obtained by the medical
college/institution to which, it is affiliated. The said regulation is not
replaced by a simultaneous regulation and, therefore, the Regulations,
2020, are unequivocally inoperative in regard to other aspects, other
than the ones specified thereunder, in view of Section 61 of the National
Medical Commission Act, 2019.
58. Taking into account all the above legal aspects and the
background facts, we are of the considered opinion that the learned
single Judge was right in holding that the appellant is not entitled to seek
for enhancement of seats from 150 to 200, for the Academic Session
2021-2022.
Resultantly, Writ Appeal fails and accordingly, it is dismissed.
No costs.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Krj
/TRUE COPY//
P.A. TO C.J.
