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Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition

NA

Judges
  • Justice Dipak Mishra
  • Justice N.V. Ramana
Acts
  • Section 5, Subsection 2 of the 1983 Income Tax Act
  • Section 10-A read with Section 33 of the Indian Medical Council Act, 1956 (102 of 1956)
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition

NA

Judges
  • Justice Dipak Mishra
  • Justice N.V. Ramana
Acts
  • Section 5, Subsection 2 of the 1983 Income Tax Act
  • Section 10-A read with Section 33 of the Indian Medical Council Act, 1956 (102 of 1956)
See more information ...
Smart Summary

Factual and Procedural Background

The writ petitions and interlocutory applications concerned the finalisation of uniform time-schedules for (i) establishment of new medical colleges, (ii) increase or renewal of admission capacity, and (iii) the entire admission process for undergraduate, postgraduate (broad speciality) and super-speciality medical courses. Notifications containing the detailed schedules, framed by the Medical Council of India (MCI) with the previous sanction of the Central Government, were placed before the Supreme Court. After hearing counsel for the petitioners, the Union of India and the MCI, the Court proceeded to decide whether to accord its approval to those schedules and to address a separate application by the National Board of Examination (NBE) seeking limited extension of time for declaration of postgraduate examination results.

Legal Issues Presented

  1. Whether the Court should grant its formal approval (“stamp of approval”) to the comprehensive time-schedules framed by the MCI for establishment of medical colleges, increase of seats and admissions at the MBBS, postgraduate and super-speciality levels.
  2. Whether, in light of a natural calamity in Tamil Nadu, the NBE should be granted an extension of time up to 10 February for declaration of postgraduate examination results without disturbing the counselling dates fixed in the approved schedule.

Arguments of the Parties

Medical Council of India

  • Placed the Notifications containing the amended Regulations and detailed time-schedules before the Court and sought judicial approval.
    • Regarding the NBE’s extension request, submitted that result declaration could be accommodated until 10 February, provided that the counselling dates prescribed in the schedule remained unaltered.

National Board of Examination

  • Applied for an extension of time to declare postgraduate examination results, citing disruptions caused by a natural calamity in Tamil Nadu.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court examined the Notifications issued under Sections 10-A and 33 of the Indian Medical Council Act, 1956, noting that they were promulgated with prior Central Government sanction. Finding the schedules comprehensive and in conformity with statutory power, the Court formally approved them, thereby rendering the principal prayer in the writ petitions infructuous. Concerning the NBE’s application, the Court balanced administrative necessity against adherence to the newly-approved timeline: it granted the limited extension for result declaration until 10 February but directed that all counselling and subsequent admission milestones must strictly follow the approved schedule. Finally, to ensure nationwide compliance, the Court ordered transmission of the order to the Chief Secretaries of all States and specifically directed premier institutions such as AIIMS and PGI to observe the schedule “in letter and spirit.”

Holding and Implications

ORDER: All writ petitions and interlocutory applications are DISPOSED OF with the Court’s approval of the Medical Council of India’s time-schedules; a limited extension until 10 February is granted to the National Board of Examination for declaration of postgraduate results.

Implications: The approved schedules now acquire binding force on all stakeholders—Central and State Governments, medical colleges, examining bodies, AIIMS, PGI and the NBE—who must adhere strictly to the specified dates without deviation. The decision does not create new jurisprudence but operationalises uniform national timelines for medical education governance.

Show full summary ...

    Ashish Ranjan And Others v. Union Of India And Others

    Order

    1. Applications for impleadment are allowed. Heard the learned counsel for the petitioner, Ms Pinky Anand, learned Additional Solicitor General for the Union of India and Mr Gaurav Sharma for the Medical Council of India.

    2. Mr Gaurav Sharma has filed the Notifications issued by the Medical Council of India with the previous sanction of the Central Government. The said Notification reads as under:

    “In exercise of the powers conferred by Section 10-A read with Section 33 of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India with the previous sanction of the Central Government hereby makes the following Regulations to further amend the “Establishment of Medical College Regulations, 1999”, namely:
    (i) These Regulations may be called the “Establishment of Medical College Regulations (Amendment), 2015”.
    (ii) They shall come into force from the date of their publication in the Official Gazette.
    2. In the “Establishment of Medical College Regulations, 1999”, in “schedule for receipt of applications for establishment of new medical colleges and processing of the applications by the central government and the medical council of india” the following shall be substituted as under:
    Time Schedule for Receipt of Applications for Establishment of New Medical Colleges/Renewal of Permission and Processing of the Applications by the Central Government and the Medical Council of India
    Sl. Nos. Stage of processing Last date 1. Receipt of applications by the Central Government. Between 15th June to 7th July (both days inclusive) of any year 2. Forwarding application by the Central Government to the Medical Council of India. By 15th July 3. Technical scrutiny, assessment and recommendations for letter of permission by the Medical Council of India. By 15th December 4. Receipt of reply/compliance from the applicant by the Central Government and for personal hearing thereto, if any, and forwarding of compliance by the Central Government to the Medical Council of India. Two months from receipt of recommendation from MCI but not beyond 31st January
    5. Final recommendations for the letter of permission by the Medical Council of India. By 30th April 6. Issue of letter of permission by the Central Government. By 31st May
    Note 1.—In case of renewal of permission, the applicants shall submit the application to the Medical Council of India by 15th July.
    ***
    In exercise of the powers conferred by Section 33 of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India with the previous sanction of the Central Government, hereby makes the following Regulations to further amend “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”, namely:
    1. (i) These Regulations may be called “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 Postgraduate Course of Study or Training (Amendment) Regulations, 2015”.
    (ii) They shall come into force from the date of their publication in the Official Gazette.
    2. In “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” of “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”, after Point 7 the following shall be added:
    Time Schedule for Receipt of Applications for Increase of Admission Capacity in MBBS Course/Renewal of Permission for Increase of Seats and Processing of the Applications by the Central Government and the Medical Council of India
    Sl. Nos. Stage of processing Last date 1. Receipt of applications by the Central Government. Between 15th June to 7th July (both days inclusive) of any year 2. Forwarding application by the Central Government to the Medical Council of India. By 15th July
    3. Technical scrutiny, assessment and recommendations of letter of permission by the Medical Council of India. By 15th December 4. Receipt of reply/compliance from the applicant by the Central Government and for personal hearing thereto, if any, and forwarding of compliance by the Central Government to the Medical Council of India. Two months from receipt of recommendation from MCI but not beyond 31st January 5. Final recommendations for the letter of permission by the Medical Council of India. By 30th April 6. Issue of letter of permission by the Central Government. By 31st May
    Note 1.—In case of renewal of permission, the applicants shall submit the application to the Medical Council of India by 15th July.
    ***
    In exercise of the powers conferred by Section 33 of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India with the previous sanction of the Central Government, hereby makes the following Regulations to further amend the “Regulations on Graduate Medical Education, 1997”, namely:
    1. (i) These Regulations may be called the “Regulations on Graduate Medical Education, 2015”.
    (ii) They shall come into force from the date of their publication in the Official Gazette.
    2. In the “Regulations on Graduate Medical Education, 1997”, Appendix E shall be replaced as under:
    Time Schedule for Completion of the Admission Process for First MBBS Course
    Sl. Nos. Schedule for admission Seats to be filled up by the Central Government through the All-India Entrance Examination Seats to be filled up by the State Government/Institution 1. Conduct of entrance examination. Between 1st to 7th May Between 10th to 17th May 2. Declaration of the result of the qualifying exam/entrance exam. By 1st June By 1st June 3. 1st round of counselling/admission. To be over by 25th June Between 6th July to 15th July
    4. Last date for joining the allotted college and the course. By 5th July By 22nd July 5. 2nd round of counselling/admission for vacancies. Between 23rd July to 30th July Between 10th to 22nd August 6. Last date of joining for the 2nd round of counselling/admission. By 9th August By 28th August 7. Commencement of academic session/term. 1st of August 1st of August 8. Last date up to which students can be admitted/joined against vacancies arising due to any reason. By 31st August
    Note 1.—All-India quota seats remaining vacant after last date for joining i.e. 9th August will be deemed to be converted into State quota.
    2. Institute/college/courses permitted after 31st May will not be considered for admission/allotment of seats for current academic year.
    3. In any circumstances, last date for admission/joining will not be extended after 31st August.
    ***
    In exercise of the powers conferred by Section 33 of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India with the previous sanction of the Central Government hereby makes the following Regulations to further amend “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”, namely:
    1. (i) These Regulations may be called “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 (Amendment) Regulations, 2015”.
    (ii) They shall come into force from the date of their publication in the Official Gazette.
    2. In “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”, the following additions/modifications/deletions/substitutions shall be indicated therein:
    ***
    3. In the Schedule and Note in “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”, after Appendix II, the Schedule included vide Notification dated 11-1-2010, be substituted by the following schedules:
    Time Schedule for Receipt of the Applications of Postgraduate (Broad Speciality) Courses/Increase of Admission Capacity and Processing of the Applications by the Central Government and Medical Council of India
    Sl. Nos. Stage of processing Last date 1. Receipt of applications by the Central Government. Between 15th March to 7th April (both days inclusive) of any year 2. Forwarding application by the Central Government to the Medical Council of India. By 15th April
    3. Technical scrutiny, assessment and recommendations of letter of permission by the Medical Council of India. By 30th September 4. Receipt of reply/compliance from the applicant by the Central Government and for personal hearing thereto, if any, and forwarding of compliance by the Central Government to the Medical Council of India. Two months from receipt of recommendation from MCI but not beyond 15th November 5. Final recommendations for the letter of permission by the Medical Council of India. By 31st January 6. Issue of letter of permission by the Central Government. By 28th February
    Time Schedule for Receipt of Applications for opening of Postgraduate (Super Speciality) courses/increase of Admission Capacity and Processing of the Applications by the Central Government and Medical Council of India
    Sl. Nos. Stage of processing Last date 1. Receipt of applications by the Central Government. Between 1st August to 21st August (both days inclusive) of any year 2. Forwarding application by the Central Government to Medical Council of India. By 31st August 3. Technical scrutiny, assessment and recommendations for letter of permission by the Medical Council of India. By 31st December 4. Receipt of reply/compliance from the applicant by the Central Government to the Medical Council of India. By 15th February 5. Final recommendations for the letter of permission by the Medical Council of India. By 30th April 6. Issue of letter of permission by the Central Government. By 31st May
    ***
    In exercise of powers conferred by Section 33 of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India with the previous sanction of the Central Government hereby makes the following Regulations to further amend the “Postgraduate Medical Education Regulations, 2000”, namely:
    1. (i) These Regulations may be called the “Postgraduate Medical Education (Amendment) Regulations, 2015”.
    (ii) They shall come into force from the date of their publication in the Official Gazette.
    2. In the “Postgraduate Medical Education Regulations, 2000” further amended till 17-4-2013, the following additions/modifications/deletions/substitutions, shall be as indicated therein.
    3. In the appendix in “Postgraduate Medical Education Regulations, 2000”, included vide amendment Notification dated 23-3-2006, the time schedule for completion of admission process for postgraduate courses stands substituted by the following schedules:
    Time Schedule for Completion of Admission Process for PG (Broad Speciality) Medical Courses for All-India Quota and State Quota
    Sl. Nos. Schedule for admission Broad Speciality All-India quota State quota 1. Conduct of entrance examination. Month of December Month of January 2. Declaration of result of the qualifying exam/entrance exam. By 15th of January By 15th of February 3. 1st round of counselling/admission. Between 12th March to 24th March Between 4th April to 15th April
    4. Last date for joining/reporting the allotted college and the course. By 3rd April By 22nd April 5. 2nd round of counselling/admission for vacancies. Between 23rd April to 30th April Between 11th May to 20th May 6. Last date of joining for the 2nd round of counselling/admission. By 10th May By 27th May 7. Commencement of academic session/term. 1st May 1st May 8. Last date up to which students can be admitted/joined against vacancies arising due to any reason. – By 31st May
    Note 1.—All-India quota seats remaining vacant after last date for joining i.e. 10th May will be deemed to be converted into State quota.
    2. Institute/college/courses permitted after 28th February will not be considered for admission/allotment of seats for current academic year.
    3. In any circumstances, last date for admission/joining will not be extended after 31st May.
    Time Schedule for Completion of Admission Process for PG (Super Speciality) Medical Courses
    “Sl. Nos. Schedule for admission Super Speciality 1. Conduct of entrance examination. By 10th July 2. Declaration of result of the qualifying exam/entrance exam. By 15th July 3. 1st round of counselling admission. By 31st July 4. Last date for joining the allotted college and the course. Between 1st to 7th August 5. 2nd round of counselling/admission. By 20th August 6. Last date of joining for the 2nd round of counselling/admission. By 27th August 7. Commencement of academic session/term. 1st August 8. Last date up to which students can be admitted/joined against vacancies arising due to any reason. 31st August
    Note 1.—Institute/college/courses permitted after 31st May will not be considered for admission/allotment of seats for current academic year.
    2. In any circumstances, last date for admission/joining will not be extended after 31st August.”

    This Court gives the stamp of approval to the aforesaid schedule.

    3. Regard being had to the prayer in the writ petition, nothing remains to be adjudicated. The order passed today be sent to the Chief Secretaries of all the States so that they shall see to it that all the stakeholders follow the schedule in letter and spirit and not make any deviation whatsoever. Needless to say Aiims and PGI (for the examination held in July) shall also follow the schedule in letter and spirit.

    4. An application has been filed by the National Board of Examination for extension of time in respect of declaration of result of the Post-Graduation Medical Education Examination. It is submitted by Mr Gaurav Sharma, learned counsel for the Medical Council of India that the result can be declared by 10th February by the said Board but counselling must be held by the time stipulated in the schedule as the date of counselling is not changed and there was a natural calamity in the State of Tamil Nadu. Accordingly, we extend the time.

    5. All the interlocutory applications and writ petitions are disposed of.

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    Comments

    Ashish Ranjan And Others v. Union Of India And Others
    (Jan 18, 2016)