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CASE NO.:

Appeal (civil) 5166 of 2001

PETITIONER:

MEDICAL COUNCIL OF INDIA

Vs.

RESPONDENT:

MADHU SINGH AND ORS.

DATE OF JUDGMENT: 11/09/2002

BENCH:

RUMA PAL & ARIJIT PASAYAT.

JUDGMENT:

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, immediately comes to

mind Shakespeares' Othello, where it was written "Chaos is come again".

Inevitable result is that considerable time is lost by candidates chasing vires

instead of virus. This Court in Convenor, MBBS/BDS Selection Board and

Ors. v. Chandan Mishra and Ors. (1995 Supp. (3) SCC 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 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 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,

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.1 was one of the

candidates who appeared at the said examination. She was, however, not

selected for the MBBS course, but she was given option to join the Dental

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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 abandoning the course or not taking

admission. According 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.1 filed

a Writ Petition before the High Court of 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 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 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 10.3.1999. 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 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 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 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

of four students (including the respondent No.1) 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

MCI's decision, respondent No.1 filed a Writ Application (CWJC

No.11100/99) challenging the jurisdiction of MCI under the Act to guide the

admission in the colleges. For the first time, MCI was impleaded 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 amount to increasing admission capacity which

was fixed and that was not permissible. Originally, the matter was listed

before a learned Single Judge. 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 since earlier directions were

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given to admit the students, the order was to be operative. It was directed

that the respondent No.1 should be allowed to complete the MBBS course to

which she was admitted as per the directions given in the earlier order.

Stand of MCI in this appeal essentially is that the directions given by

the High Court 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

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

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.1, 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 fixed time schedule, extra classes can be taken by the teachers to meet

the deficiency in attendance. It was further 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 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. of 6

months each) from the date of commencement of

his study for the 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.

7(6) Universities shall organize admission timings

and admission process in such a way that teaching

in first semester starts by 1st of August each year.

Section 10A - Permission for establishment of new

medical college, new course of study, etc.

(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 recognized

medical qualification; or

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(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.

(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.

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

recognized 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 student or training) 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 on the basis

of such 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 10A, 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 the basis of

such increase in the admission capacity shall be

such as may be prescribed.

Section 19- Withdrawal of recognition-

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(1) When upon report by the Committee or the

visitor, it appears to 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

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 recognized 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 recognized

medical qualification only when granted before a

specified date, or, as the case may be, that the

said medical qualification shall be a recognized

medical qualification in relation to a specified

college or 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

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.

Total time for teaching Biophysics 5 hours

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Out of which: 1. Didactic lectures 3 hours

2.Tutorial/Group

discussion 1 hour

3. Practical 1 hour

It may also be noted that under the Medical Council of India

Establishment of Medical College Regulations, 1999 (in short the

'Establishment Regulations') certain qualifying criteria have been

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 five years,

in favour of the Medical Council of India, New

Delhi, one for a sum of rupees one hundred lakhs

(for 50 admissions), rupees one hundred and fifty

lakhs (for 100 admissions) and rupees two hundred

lakhs (for 150 annual admissions) for the

establishment of the medical college and its

infrastructural facilities and the second 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 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

and 5 read as follows:

(4) Educational programme (a) proposed annual

intake of students (b) admission criteria (c) method

of admission (d) reservation/preferential allocation

of seats (e) department-wise and year-wise

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)

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

"Regulation 7(a)- After examining the application

and after conducting necessary physical

inspections, the Medical Council shall send to the

Central Government a factual report stating -

(1) 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

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infrastructural facilities including adequate

hostels facilities separate for boys and girls,

and as prescribed by the Council,

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,

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 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.

(6) That the applicant has appointed staff

for the 1st 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.

(b) The recommendation of the Council whether

Letter of Intent should be issued and if so, the

number of seats per academic year should 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

clear cut statement of preliminary requirements to

be met in respect of buildings, infrastructural

facilities, medical and allied equipments, faculty

and staff before admitting the first batch of

students. The recommendation will also define

annual targets to be achieved by the person to

commensurate with the intake of students during

the following years.

(c) Where the Council recommends for not

issuing of Letter of Intent, it shall furnish to the

Central Government-

(i) its reasons for not granting the Central

Government permission;

(ii) documents/facts on the basis of which

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the Council recommends the disapproval of

the scheme.

(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 admission and stop any admission thereafter. For the MBBS course as

noted above, the total duration is 4 years of 9 semesters.

Section 10-A, Explanation 2 defines 'admission capacity' which reads

as follows:

"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."

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

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-

recognition under Section 19.

At this juncture, few decisions of this Court dealing with somewhat

similar situations need to be noted.

In Dr. Indu Kant etc.etc. v. State of U.P. and Ors. (1993 Supp (2)

SCC 71), it was observed as follows:

"We have given our thoughtful consideration to the

entire facts and circumstances of the case. We

have already held that the rule laying down the

minimum percentage of marks in the entrance

examination is valid and no direction can be given

to the State Government to fill up any vacant seats

by the candidates securing less 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 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 examination of 1992 and

to make up the deficiency. We find justification in

the difficulties pointed out by the State

Government in doing so. Granting admission to

the candidates 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 of the candidates of

1990 and 1991 and we cannot give any direction to

the State Government in this regard."

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(underlined for emphasis)

The concept of counseling was noted by this Court in Sharwan Kumar

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. (1) SCC

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 State of Uttar Pradesh and Ors. v. Dr. Anupam Gupta and Ors.

(1993 Supp (1) SCC 594), the view in Dr. Subodh's case (supra) was re-

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 of this Court it

shall be deemed to have been commenced from

May 2, 1990, the direction as given in the

impugned judgments for admission after more than

a year, is illegal. To maintain excellence in the

academic courses, the delay defeats the claim for

admission, though posts are 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 Nautiyal v. State of U.P. there was a delay

of four months in giving admission, and this Court

held that, "even according 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

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 full 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 candidates into those vacant

seats cannot be sustained."

(underlined for emphasis)

In State of Punjab and Ors. v. Renuka Singla and Ors. (1994 (1) SCC

175), this Court disapproved the course adopted by several High Courts

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,

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it was noted as under:

"The admission in medical course throughout India

is governed by 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, who are not able to get admissions

against the seats fixed by different statutory

authorities, file writ applications and interim or

final directions are given to 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 regulations, in respect of

admissions of students. 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 consideration the

infrastructure, equipment, staff, the limit of the

number of admissions is fixed either by the

Medical Council of India or Dental Council of

India. The High Court cannot disturb that balance

between the capacity of the institution and number

of admissions, on "compassionate 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 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 to create an additional seat which

amounts to a direction to violate Section 10-A and

Section 10-B(3) of the Dentists Act referred to

above.

(underlined for emphasis)

In Medical Council of India v. State of Karnataka and Ors. (1998 (6)

SCC 131), action of the State Government in increasing number of seats

was 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

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 that 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 of colleges and recognition

of institutions, applies to all types of colleges and

not necessarily to professional colleges like

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medical colleges. Sub-section (10) 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 under its regulations. It 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 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 and in the hospitals.

These regulations are in considerable detail.

Teacher-student ratio prescribed is 1 to 10,

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

of 7 beds per student admitted. Regulations 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 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

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

violating the regulation. Henceforth, however,

these medical colleges must restrict the number of

admissions fixed by the Medical Council. After

the insertion of Sections 10-A, 10-B and 10-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 dated 20.9.1993). Any medical

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college or institution which wishes to 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 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

course according to a fixed schedule, this Court's observations in Dr.

Dinesh Kumar and Ors. v. Motilal 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 BDS course should start on the first working day of September

and even those 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. Motilal Nehru Medical College, Allahabad

and Ors. (1987 (4) SCC 459) and the announcement for holding the

examination in 1988 was directed to be made on 1st 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 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.1 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.

His suggestion that extra classes can be taken is also not acceptable. The

time schedule 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 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:

"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 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 15 per cent vacancies.

In the absence 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

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appropriate to bring the scheme into operation from

the coming year so that all the preliminaries can be

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 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

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.

In conclusion:

(i) there is no scope for admitting students mid-tream as that would be

against very spirit of statutes governing the medical education;

(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;

(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 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.

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.1 would not be

affected by allowing the appeal.