Report No. 160
2.4. Relevant provisions under the Indian Medical Council Act regarding the functions of the University concerning similar subject under consideration.-
According to the 1992 amendment to the Indian Medical Council Act, 1956, the power to permit the establishment of a medical college is vested in the Central Government. The provisions in section 10A to 10C and the guidelines issued thereunder show that before permitting such establishment, the opinion and views of Indian Medical Council and the concerned university is also obtained. An extract of relevant provisions of section 10A of the Indian Medical Council Act, 1956 and the Regulations made thereunder is quoted below for reference:
"10A. Permission for establishment of new medical college, new course of study, etc.-
(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,
(4) The Central Government may, after considering the scheme and recommendations of the Council under sub-section (3) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or college concerned, and having regard to the factors referred in sub-section (7) either approve (with such conditions, if any, as it may consider necessary) or disapprove the scheme and any such approval shall be a permission under sub-section (1):
Provided that no scheme shall be disapproved by the Central Government except after giving the person or college concerned reasonable opportunity of being heard.
The term "person" is explained in this section to include "university".'
Para. 3 of the Regulations made under section IDA, which are called "Establishment of New Medical Colleges, opening of Higher Courses of Study and Increase of Admission Capacity in Medical Colleges Regulations, 1993" prescribes the qualifying criteria. Insofar as relevant, the said para reads as follows:
"The eligible organisations shall abide by Indian Medical Council Act, 1956 as modified from time to time and the Regulations framed thereunder and shall qualifiy to apply for permission to establish new medical colleges only if the following conditions are fulfulled (3) the Essentiality Certificate regarding the desirability and feasibility of having the proposed medical college at the proposed location has been obtained and that the adequate clinical material is available as per Medical Council of India requirements has been obtained by the applicant from the respective State Government or the Union Territory Administration; (4) that consent of affiliation for the proposed medical college has been obtained by the applicant from a recognised University."
It would thus appear that obtaining of application from a University is a condition precedent for applying for permission to establish a medical college apart from an "essentiality certificate" from the concerned State Government. It is equally relevant; to note that even for applying for starting new courses or for increasing the strength in a medical college, the permission of the affiliating University for the purpose is made a condition precedent under the said Regulations.