Medical Council of
India Vs. Sudiep Shrivastava & Ors. [2008] INSC 1043 (7 July 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4253-4261 OF 2008
(@SPECIAL LEAVE PETITION (CIVIL)NOS.23911-23919 OF 2005 ) MEDICAL COUNCIL OF
INDIA Appellant(s) VERSUS SUDIEP SHRIVASTAVA & ORS. Respondent(s) ORDER
Leave granted.
These appeals,
preferred by the appellant-Medical Council of India (for short 'M.C.I.') are
against the order passed by the High Court of Judicature at Bilaspur,
Chhattisgarh. By the impugned judgment, the High Court was pleased to direct
that for the academic session 2005-06 the strength of the students be increased
by ten. This part of the order is challenged by the appellant herein.
Heard learned counsel
for the M.C.I. and also the learned counsel for the respondents.
It is pointed out by
learned counsel for M.C.I. that strength of the students is fixed by M.C.I.
When the order of approval is granted to the college and various factors are
taken into consideration for fixing the number of students. If any unilateral
increase is made as per the direction of the Court it will cause various
problems and this fact was indicated by this SCC p.175, wherein this Court had
observed :
"The High Courts
or the Supreme Court cannot 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..."
The above direction
was issued in respect of the Dental Council of India. Similar provisions are
also applicable to the M.C.I. Therefore, the direction to increase the seats by
ten for the academic session 2005-06 was not justified and we are told that
further admissions were not made.
We set aside this
part of the impugned order of the High Court and the appeals are allowed to the
extent indicated above. No costs.
...............CJI.
(K.G.
BALAKRISHNAN) .................J.
(P.
SATHASIVAM) .................J.
(J.M.
PANCHAL) NEW DELHI;
7TH
JULY, 2008.
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