Paragraph numbers below are the court’s original numbering, recovered from the source text.
12. MCI, in their counter affidavit, stated that the above mentioned notification dated 8.7.2013 was received by the Council Office only on 16.7.2013. By that time, the last date F fixed for receipt of application by the Board of Governors was over, which was on 15.7.2013. Under such circumstances, the MCI wrote a letter dated 17.7.2013 to the Government of India, iting as follows: "xxx xxx xxx In light of Gazette notification received on 16.07.2013 the time of receipt of application has already lapsed. Therefore, as per provisions as under [in the ·Establishment of Medical College Regulations, 1999]: DR. B. R. AMBEDKAR MEDICAL COLLEGE v. UNION OF INDIA [K.S. RADHAKRISHNAN, J.) "The time schedule indicated above may be modified by the Central Government, for reasons to be recorded in writing, in respect of any class or category of applications. Keeping in light the above statutory provisions, whereby the Central Government is empowered to modify the time schedule, it is proposed in order to achieve the objective of enhancing the intake capacity in existing Medical Colleges, so as to augment the human resources in medicine for attaining optimum Doctor=population ratio in the nation, the above schedule may be modified to the following: Stage of Processing Last Date Modified Dates No. 1. 2. 3. Receipt of applications 15.07.2013 24.07.2013 by the Board of Governors in Super- session of the Medical Council of India Return of Incomplete 20.07.2013 31.07.2013 application Grant of Letter of 31.07.2013 31.07.2013 Permission by the Board of Governors in Supersession of the Medical Council of India It is requested that permission of Central Government to modify the Schedule as proposed above be granted, so as to enable the Council to further expedite the process. This modification, with the approval of Central Government can be carried out by public notice and need c not be notified in the Official Gazette. It is also brought to your kind attention that as the time-schedule for grant of letter of permission for establishment of new Medical Colleges and renewal of permission for increase of seats in existing Medical Colleges was extended to 15 July 2013, by the Hon'ble Supreme Court for he academic year 2013-14 pursuant to an application moved by the Council in Priya Gupta's case, an appropriate application is also required to be filed by the Council seeking permission of the Hon'ble Supreme Court. Necessary steps are being taken by the Council !n this regard. Kindly grant permission at the earliest which will enable the Council to do the needful at the earliest."
13. The MCI, therefore, requested the Government of India 0 to modify the time schedule and extend the last date of receipt of application to 24.7.2013, since they could not receive the applications by the various medical colleges prior to 15.7.2013, as the very Regulations 2013 dated 8.7.2013 was received by the MCI only on 16.7.2013.
14. The Central Government considered the request and pointed out that it would not be possible for the Board of Governors of MCI to process all the applications preferred by the Non-government medical colleges within the time fixed, therefore, it decided to issued a corrigendum which modified that the date of 24.7.2013 would apply only to Government F medical colleges.
15. We find no serious error in the view taken by the Central Government confining Regulations 2013 to Government medical colleges alone in view of strict time limit fixed in the Schedule for receipt of applications i.e. 15. 7.2013 and the G preremptory directions given by this Court in judgments referred to above. We may make it clear that the time limit fixed for starting a medical college as well as for additional intake are of extreme importance, or else it may collide with the time limit fixed for starting the academic sessi0n. If the time limit fixed in H the notification dated 8.7.2013 was to be adhered to strictly, DR. B. R. AMBEDKAR M6DICAL COLLEGE v. UNION OF INDIA [K.S. RADHAKRISHNAN, J.] the majority of the Non-government medical colleges could not have applied, since the Regulations 2013 was received by the MCI only on 16.7.2013 beyond the last date fixed for the receipt of application by the Board of Governors of MCI.
16. We indicate that the main argument raised by the learned senior counsel appearing for the Petitioners was that 2013 Regulations should have been made applicable equally to the Government Medical Colleges as well as non- Government Medical Colleges and there cannot be any discrimination between them, otherwise the object sought to be achieved by the Regulations would have been defeated. In our view, in a given case power is vested with the Central Government to modify the time schedule, in respect of Cilt least one class or category of applicants. We may in this connection refer to Establishment of Medical College Regulations, 1999, which was issued in exercise of powers conferred under D Section 1 OA read with Section 3 of the Indian Medial Council Act, which has recognised five categories of organisations which are eligible to apply for starting a Medical College as well as eligible to apply for further intake of seats. Following are the categories :- 1. A State GovernmenVUnion Territory; 2. A University; 3. An autonomous body promoted by Central and State Government by or under a Statute for the purpose of medical education; 4. A society registered under the Societies Registration Act, 1860 (21 of 1860) or corresponding Acts in States; or 5. A public religious or charitable trust registered under the Trust Act, 1882 (2 of 1882) or the Wakfs Act, 1954 (29 of 1954).
17. State GovernmenVUnion Territory can also set up a Medical College and take additional intake of seats, apart from [2013) 9 S.C.R. A the other categories mentioned above. In a given case, the Central Government, for reasons to be recorded in writing, can modify the time schedule in respect of any class or category of applicants mentioned hereinbefore. Such a power has been conferred on Central Government by virtue of Establishment of B Medical College Regulations (Amendment), 2012.
18. The Establishment of Medical College Regulations, 1999, as amended by Establishment of Medical College Regulations (Amendment), 2012, provides for time schedule for grant of letter of permission by the Medical Council of India for C establishment of a Medical College as well as increase in admission capacity in MBBS course. Schedule to the above mentioned Regulations reads as follows :- SCHEDULE SCHEDULE FOR RECEIPT OF APPLICATIONS FOR ESTABLISHMENT OF NEW MEDICAL COLLEGES AND PROCESSING OF THE APPLICATIONS BY THE MEDICAL COUNCIL OF INDIA. Stage of processing Last Date No. 1. Receipt of applications by the From 1st August to 30th Council September (both days inclusive) of the year. 2. Issue of Letter of Intent by the Upto 30th April Council 3. Receipt of reply from the Upto 31st May applicant by the Council for consideration for issue of Letter of Permission 4. Issue of Letter of Permission 15th June by the Council DR. B. R. AMBEDKAR MEDICAL COLLEGE v. UNION OF INDIA [K.S. RADHAKRISHNAN, J.] Note : The time schedule indicated above may be modified by the Central Government, for reasons to be recorded in writing, in respect of any class or category of applications.
19. The note specifically indicates that the time schedule could be modified by Central Government for reasons to be recorded in writing in respect of any category, class of applicants which, in our view, could also be invoked in the case of increase of annual intake as well. Resultantly, the Central Government has the power to modify the date from 15. 7 .2013 to 24.7.2013 in respect of any class or category of applications. So far as the present case is concerned, it is in exercise of that statutory power, the Corrigendum has been issued by the Central Government modifying the time schedule to the Government Medical College alone out· of the five categories· mentioned hereinbefore. We are not prepared to say favouring the Government Medical College alone in such circumstances is violative of Article 14 of the Constitution.
20. Central Government is also empowered under Section 3(c) of Indian Medical Council Act, as amended in 2010, to issue various directions to the Board of Governor of the the MCI, which reads as follows:- "3C. (1) Without prejudice to the provisions of this Act, the Board of Governors or the Council after its reconstitution shall, in exercise of its powers and in the performance of its functions under this Act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the Central Government may give in writing to it from time to time; Provided that the Board of Governors or the Council after its reconstitution shall, as far as practicable, be given an opportunity to express its views before any direction is given under this subsection. (2) The decision of the Central Government whether a question is a matter of policy or not shall be final." Board of Governors of the MCI is, therefore, bound by the Corrigendum issued by the Central Government.
21. We notice that the above corrigendum extending the last date was made applicable only to the Government medical colleges recording the reason that the time would be very short so as to process the applications by the MCI received from the non-government medical colleges. We cannot say that the c decision taken by the Central Government is perverse, arbitrary or unreasonable, so as to strike down the corrigendum issued under the extra-ordinary jurisdiction of this Court under Article 32 of the Constitution of India.
22. The petitions, therefore, lack in merits and are D ·accordingly dismissed. R.P. Writ Petition dismissed.