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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
Court in the decision reported in State of Punjab Vs. Renuka Singla, (1994) 1
2
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.