- (1.) The Indian Medical Council Act, 1956 (hereinafter referred to as "the Act" specifically provides for recognition of medical qualification granted by universities or medical institutions either in India or abroad. Once a medical qualification granted by a medical institution in India is recognized by the Central Government, whether recognition is also required for the admission capacity which is increased from time to time or whether permission of the Central Government alone is required for such an increase in the admission capacity in the recognized course, is the question of law arising for consideration in this case.
(2.) Recognition of medical qualification granted by universities or medical institutions in India is dealt with under Section 11 of the Act. The provision reads as follows: "11. Recognition of medical qualifications granted by Universities of medical institutions of India.- (1) The medical qualifications granted by any University or medical institution in India which are included in the First Schedule shall be recognized medical qualifications for the purposes of this Act. (2) Any University or medical institution in India which grants a medical qualification not included in the First Schedule may apply to the Central Government to have such qualification recognized, and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such medical qualification declaring that it shall be a recognised medical qualification only when granted after a specified date."
(3.) Section 10A of the Act deals with the permission for establishment of new medical college, new course of study and admission capacity. To the extent relevant, Section 10A(1) of the Act reads as follows: "10A. PERMISSION FOR ESTABLISHMENT OF NEW MEDICAL COLLEGE, NEW COURSE OF STUDY ETC. 1. Notwithstanding anything contained in this Act or any other law for the time being in force:- 1. no person shall establish a medical college; ( or ) 2. no medical college shall- (i). open a new or higher course of study or training (including a postgraduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognised medical qualification; or (ii). increase its admission capacity in any course of study or training (including a postgraduate course of study or training), except with the previous permission of the Central Government obtained in accordance with the provisions of this section. Explanation 1 - For the purposes of this section, "person" includes any University or a trust but does not include the Central Government. Explanation 2 - For the purposes of this section "admission capacity" in relation to any course of study or training (including postgraduate course of study or training) in a medical college, means the maximum number of students that may be fixed by the Council from time to time for being admitted to such course or training.";