MEDICAL COUNCIL OF INDIA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) A Division Bench of the Karnataka High Court has put a question mark on the authority of the Medical Council of India (for short, the 'Medical Council') - the appellant - in its judgment dated July 16, 1997 to fix intake for admission of students to various medical colleges in the State of Karnataka. Medical Council is aggrieved by that part of the impugned judgment where the Division Bench held that prior to insertion of Ss. 10A, 10B and 10C in the Indian Medical Council Act, 1956 (for short, the 'Medical Council Act') by the Amending Act 31 if 1993 neither the Central Government nor the Medical Council could fix the admission capacity in the medical colleges in the State and that this authority to determine the admission capacity in the medical colleges vested in State by virtue of two State enactments, namely, Karnataka State Universities Act, 1976 (for short, 'Karnataka Universities Act') and Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (for short, 'Karnataka Capitation Fee Act'). The Division Bench, however, held that after the amendment of the Indian Medical Council Act by insertion of Ss. 10A, 10B and 10C, the two State enactments would yield to the provisions of the Medical Council Act to the extent of repugnancy and that now the power to fix admission capacity rests with the Medical Council. The Division Bench said that admission capacity for purpose of increase or decrease in each of the college, has got to be determined as on or before June 1, 1992 with reference to what had been fixed by the State Government or that fixed by the medical colleges and not with reference to the minimum standard of education regulations prescribed under Section 19A of the Medical Council Act by the Medical Council which it said were only "recommendatory" as held in State of Madhya Pradesh v. Kumari Nivedita Jain, (1981) 4 SCC 296 . Thus, according to the Division Bench future admissions will, however, have to be regulated on the basis of the capacity fixed or determined by the Medical Council as provisions of Ss. 10A, 10B and 10C are prospective.

(3.) State of Karnataka has also filed appeal. It felt aggrieved by that part of the impugned judgment of the Division Bench where it scuttled the powers of the State to fix admission capacity to the medical colleges. Stand of the State is that S. 10A is applicable only when it comes to increase the existing admission capacity in the coleges and that the intake capacity already fixed by the State under its statutory powers could not be reduced.