VINAY SHANKAR Vs. DIRECTOR GENERAL OF HEALTH SERVICES
LAWS(SC)-1990-11-32
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on November 26,1990

VINAY SHANKAR Appellant
VERSUS
DIRECTOR GENERAL OF HEALTH SERVICES Respondents


Cited Judgements :-

MAAANAPALLE INSTITUTE OF TECHNOLOGY AND SCIENCE VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2000-2-80] [REFERRED TO]
ANANDA RAMA RAO B VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2001-4-84] [REFERRED TO]
MULANI AKASH JAYSUKHBHAI VS. UNION OF INDIA [LAWS(GJH)-2011-8-243] [REFERRED]
JIMMY ABRAHAM THOMAS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2001-9-22] [REFERRED TO]


JUDGEMENT

- (1.)The Indian Medical Council has moved this application for the mo fication of the order dated 8-2-1990 of this Court. This application is made in the context of certain directions issued by this Court in W. P. No. 1253 of 1989 on an application moved by the State of Maharashtra.
(2.)It is relevant to recall that the State of Mahai.ashtra filled-up with some of the State's candidates certain seats in its Medical College which were otherwise unavailable to it having been earmarked for the All-India quota.That arrangement having been found to be in conflict with the directions issued by this Court on 20-12-1989 in the matter of allotinent of seats to the candidates in waitlist in the All-India quota, some seats so allotted by the State in favour of its own local students came to exceed the permitted in-take in the concerned medical colleges. It was observed by this Court in the course of its order dated 8-2-1990 that the State Government may absorb those admissions by an appropriate and corresponding increase in the in-take.
(3.)The stand of the Indian Medical Council is that certain observations made in the course of the order and in particular para8 thereof, are susceptible of being construed as a mandate to the Indian Medical Council to permit such increase in the in-take that those observations and directions having been made without an oppertunity for the Medical Council of being opportunity for the medical council of beingheard should be treated as merely tentative and not find and that the Indian, Medicaln Council, be heard in the matter
It is not necessary to go into t,he question whether, having recard to the nature of the directions issued the Indian Medical Council should been heard. Suffering it is to say that the observation cannot be construed as compelling the Indian Medical Council to abdicate its statutory obligation and to permit the increase of the in-take sought for by the State of Maharashtra without the State of Maharastra being required to satisfy the Council as to the availability of nstructional facilities to support the additional in-take. Indeed. during the pendency of tlits application. we are told the State of Maharashtra did furnish the requisite, particulars and data which, according to the State, should even otherwise justify the increase in the in-take so absorb the extra admissions.Thecas o f the State of Maharashtra appears to be that if the seats kept vacant in the other colleges in the State are taken into account the extra in-take would only be marginal and could, at all events, be justified on the basis of the bed-strength and the instructional facilities available in the colleges concerned. It is submitted on behalf of the State of Maharashtra that the Medical Council, after inspection, was in fact satisfied in the matter.

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