Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Medicine Central Council Act 1970:s. 13A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Medicine Central Council Act,1970:s. 13A – Permission for establishment of new Medical College, new course study, etc. – On facts, Union of India rejected the permission to respondent no. 1- State Ayurvedic Medical College to admit students for the PG course for academic year 2018-19 on the ground of non-availability of Central Research Laboratory and Animal House, however, granted permission to admit students to Under Graduate (BAMS) Course with an intake of 50 seats for the academic year 2018-19 subject to it fulfilling the deficiencies mentioned therein – Writ petition by respondent no. 1 – Meanwhile, Union of India granted permission to admit students for the Post Graduate course for academic year 2019-2020 – Single Judge allowed the writ petition – Said order upheld by the Division Bench of the High Court – On appeal, held: Statutory scheme is clear that no medical college can open a new or higher course of study or training, including a post-graduate course, except with the previous permission of the Central Government – Prior to such a permission being granted, the procedure as prescribed u/s. 13A has to be followed – Furthermore, as per Reg 3(1)(a), it is clear that in order to be eligible for grant of permission for undertaking admissions in a particular academic session, the institution must fulfill the requirements of minimum standard as on 31st December of the earlier year – It cannot be said that the permission granted for a subsequent academic year would also enure to the benefit of earlier academic year though the said institution was not fulfilling the criteria of minimum standard – Single Judge as well as the Division Bench erred in not taking into consideration the scheme of the Act as also the judgment of this Court in Ayurved Shastra Seva Mandal’s case, thus the order of the Single Judge and the Division Bench quashed and set aside – Medicine Central Council (Amendment) Act, 2003 – Medicine Central Council (Post-Graduate Ayurveda Education) Regulations, 2012 – Medical Central Council (Post-Graduate Ayurveda Education) Regulations, 2016 – Precedent. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2022 INSC 416 |
Petitioner | Central Council For Indian Medicine |
Respondent | Karnataka Ayurveda Medical College And Others |
SCR | [2022] 2 S.C.R. 1120 |
Judgement Date | 2022-04-11 |
Case Number | 2892 |
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