A medical college, recognised by the Medical Council of India (MCI) and the central government for running MBBS or post-graduate medical course, is not required to seek fresh recognition to increase the intake.
Only permission from the central government is sufficient for raising the intake, the Supreme Court has held.
In an important verdict, a bench of Justices Anil R Dave and Kurian Joseph explained provisions of the Indian Medical Council Act, 1956, which has been a matter of several legal battles between a particular medical college and the regulatory body, MCI.
“Once a medical college is recognised under Section 11 of the Act along with medical qualification, thereafter, for increase in the admission capacity in any course of study or training that is recognised under Section 11 of the Act, only permission from central government as per the scheme under Section 10A of the Act is required,” the bench said.
The court said that under the scheme of the Act, permission is for the admission capacity and recognition is for the course and the institution. So when a course and an institution is notified as a recognised course and a recognised institution, the admission capacity or its increase in any recognised course needs only the permission of the central government, it added.
The bench passed its verdict while allowing a writ petition filed by Chennai-based Sree Balaji Medical College and Hospital. It said the college should be allowed to increase the MBBS course intake from 150 to 250 for 2015-2016.
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