DR. B. R. AMBEDKAR MEDICAL COLLEGE & OTHERSversusUNION OF INDIA & ANOTHER

                   [2013) 9 S.C.R. 503

DR. B. R. AMBEDKAR MEDICAL COLLEGE & OTHERS                    A
                              v.
             UNION OF INDIA & ANOTHER
       (Writ Petition (Civil) No. 580 of 2013 etc.)
                  SEPTEMBER 18, 2013
                                                               B
    [K. S. RADHAKRISHNAN AND A. K. SIKRI, JJ.]

    Enhancement of Annual Intake Capacity in
Undergraduate Courses in Medical College for the Academic
Session 2013-14 only Regulations 2013:                         c
     Medical admissions - Enhancement of annual intake
capacity in undergraduate medical courses - Corrigendum
Notification issued by Central Government confining benefits
of Regulations, 2013 to Government Colleges only - Held:
The Corrigendum is not violative of Art. 14 - In a given case, D
Central Government, in exercise of power confe"ed on it by
virtue of Establishment of Medical College Regulations
(Amendment), 2012, for reasons to be recorded in writing, can
modify the time schedule in respect of any of five classes or
categories of applicants mentioned in Regulation 1999 -         E
Central Government has power to modify the time schedule
to Government Medical Colleges alone, out of the five
categories -The corrigendum extending the last date was
made applicable only to Government medical colleges
recording the reason that the time would be very short so as F
to process the applications by MCI received from non-
government medical colleges - Therefore, it cannot be said
that the decision taken by Central Government is perverse,
arbitrary or unreasonable, so as to strike down the
corrigendum, under the extra-ordinary jurisdiction of the Court G
under Art. 32 of the Constitution - Establishment of Medical
College Regulations, 1999 - Establishment of Medical
College Regulations (Amendment), 2012 - Constitution of
India, 1950 - Art. 14 read with Art. 32
                            503                                H
     •


    504    SUPREME COURT REPORTS               [2013] 9 S.C.R.


A      The petitioners-Private unaided Medical Colleges
  challenged the corrigendum Notification No. 37(1) 2013/
  One Time Permission/Med./1935, in so far as it confined
  the benefits of the "Enhancement of Annual Intake
  Capacity in Undergraduate Courses in Medical College
8 for the Academic Session 2013-14 only Regulations
  2013" ( "Regulations 2013"), to the Government Medical
  C_olleges only, as ultra vires Art. 14 of the Constitution of
  India, 1950.
           Dismissing the writ petition, the Court
c      HELD: 1.1 There is imperative need to follow the time
  limit fixed by this Court in the matter of admission to
  MBBS/BDS courses in Mridul Dhar* which was done in
  the interest of student-community, for admission to the
  Post Graduate and Super Speciality courses. Timely
D admission of students to these courses is of utmost
  importance so that the students would get quality and
  timely education. In Mridul Dhar, this Court clearly
  indicated that the time schedule for establishment of new
  college or to increase intake in existing college shall be
E adhered to strictly by all concerned, failing which
  defaulting party would be liable to be personally
  proceeded with. In Priya Gupta, this Court while
  reiterating the necessity to follow the time limit fixed by
  this Court, went even to the extent that failure to conform
F with the time limit fixed by this Court shall be liable for
  action under the provisions of the Contempt of Courts
  Act, 1971 read with Art. 129 of the Constitution of India.
  [para 7-8] [510-C-G]
       *Mridul Dhar (Minor) and Another v. Union of India and
G Others 2005 (1) SCR 380 = (2005) 2 SCC 65; Priya Gupta v.
  State of Chhattisgarh and Others 2012 (5) SCR 768   =(2012)
  7 sec 433 - relied on.
     1.2. The object of the Regulations 2013 was to
H enhance the intake capacity in the existing medical
   DR. B. R. AMBEDKAR MEDICAL COLLEGE v.                505
                UNION OF INDIA
colleges so as to augment human resources in medicine          A
for attaining optimum Doctor-Population ratio in the
Nation, without compromising the prescribed minimum
standards of medical education. Regulation 3 deals with
the eligibility to make an application. Regulation 4 deals
with the procedure to make application. The time-              B
schedule for receipt of application for enhancement of
annual intake capacity in under-graduate courses, is
provided in Schedule II appended to the Regulations.
[para 9-1 O] [511-B-C; 512-C]
    2.1. MCI, in the counter affidavit, stated that the        c
notification dated 8. 7 .2013 containing the Regulations,
2013 was received by the Council Offi.ce only on
16.7.2013. By that time, the last date fixed for receipt of
application by the Board of Governors was over, which
was on 15.7.2013. MCI, therefore, requested the
Government of India to modify the time schedule and            D
extend the last date of receipt of application to 24.7.2013,
since they could not receive the applications from
m~dical colleges prior to 15.7.2013. The Central
Government considered the request and pointed out that
it would not be possible for the Board of Governors of         E
MCI to process all the applications preferred by Non-
government medical colleges within the time fixed;
therefore, it decided to issue a corrigendum with the
modification that the date of 24.7.2013 would apply only
to Government medical colleges. [para 12-14] [514-E-F;         F
516-C-F]
     2.2. There is 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.   G
15.7.2013 and the preremptory directions given by this
Court in its judgments. It is made 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
                                                               H
   506     SUPREME COURT REPORTS             [2013] 9 S.C.R.

A academic session. [para 15] [516-F-G]
        2.3. Establishment of Medical College Regulations,
  1999, which was issued in exercise of powers conferred
  u/s 10A read with s.3 of the Indian Medial Council Act, has
  recognised five categories of organisations which are
B eligible to apply for starting a Medical College as well as
  eligible to apply for further intake of seats. Amongst
  these, State Government/Union Territory can also set up
  a Medical College and take additional intake of seats,
  apart from the other categories. In a given case, the
c Central Government, in exercise of power conferred on
  it by virtue of Establishment of Medical College
  Regulations (Amendment), 2012 for reasons to be
  recorded in writing, can modify the time schedule in
  respect of any of five classes or categories of applicants
  mentioned in Regulation 1999. Resultantly, the Central
0 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 instant case is concerned,
  it is in exercise of that statutory power, the Corrigendum
  has been issued by the Central Government modifying
E the time schedule to the Government Medical College
  alone out of the five categories. Therefore, the step taken
  by the MCI cannot be said as violative of Art. 14 of the
  Constitution. [para 16,17 and 19] [517-C-D, H; 518-A-B;
  519-A-D]
F       2.4. Central Government is also empowered u/s 3(c)
  of Indian Medical Council Act, as amended in 2010, to
  issue various directions to the Board of Governors of the
  MCI, which is, therefore, bound by the Corrigendum
  issued by the Central Government. [para 20] [519-D-E;
G 520-A]
        2.5. The corrigendur.1 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
H from the non-government medical colleges. Therefore, it
   DR. B. R. AMBEDKAR MEDICAL COLLEGE v.                   507
                UNION OF INDIA
cannot be said that the decision taken by the Central              A
Government is perverse, arbitrary or unreasonable, so as
to strike down the corrigendum issued under the extra-
ordinary jurisdiction of this Court under Art. 32 of the
Constitution. [para 21] [520-B-C]
    Suraj Mall Mohta and Co. Vs. A. V. ·Vishvanath Sastrl          B
(1955) 1 SCR 448; State of West Bengal vs. Anwar Ali Sarkar
1952 SCR 284 - cited.
                     Case Law Reference:
    (1955) 1 SCR 448           cited                 para 4        c
    1952 SCR 284               cited                 para 4
    2005 (1) SCR 380           relied on             para 5
    2012 (5) SCR 768           relied on             para 5
    CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.        D
580 of 2013.

    Under Article 32 of the Constitution of India.
                               WITH
                                                                   E
SLP (C) No. 24693 of 2013
     P. Vishwanatha Shetty, lndu Malhotra, Harish N. Salve,
Amrendra Sharan, Madhu Naik, Shashi Kiran Shetty, Rohit
Bhat, Kush Chaturvedi, Vijaykumar Paradesi, Vivek Jain, Bina
Madhavan, Praseena E. Joseph, Shivendra Singh, for the             F
Petitioners.
     Sidharth Luthra, ASG, R.P. Bhatt, Dr. A.M. Singhvi,
Amarendra Sharan, Amit Kumar, Ankit Rajgarhia, Avijit Mani
Tripathi, Atul Kumar, Gaurav Sharma, Amarjeet Singh, Supriya
Juneja, G. Umapathy, Rakesh K. Sharma, R. Nekuala, Sushma          G
Suri, Amit Anand Tiwari, Ashutosh Jha for the Respondents.
    The Judgment of the Court was delivered by
    K.S. RADHAKRISHNAN, J. 1. Petitioners have
approached this Court invoking the extraordinary jurisdiction of   H
    508      SUPREME COURT REPORTS                  [2013] 9 S.C.R.


A this Court under Article 32 of the Constitution of India seeking
  a Writ of Certiorari to quash the Corrigendum Notification No.
  37(1)2013/0ne Time Permission/Med./19355, in so far as it
  confines the benefits of - the "Enhancement of Annual Intake
  Capacity in Undergraduate Courses in Medical College for the
B Academic Session 2013-14 only Regulations 2013" (in short
  "Regulations 2013"), issued vide notification dated 8.7.2013,
  to the Government Medical Colleges only, as unconstitutional,
  being ultra vires of Article 14 of the Constitution of India.
       2. Petitioners in all these petitions submit that they are all
C well established private unaided medical institutions in the
  country running for more than 10 years with an annual intake of
  100 MBBS students, over and above, they are conducting PG
  Degree and Diploma courses as well. Regulations 2013 was
  issued on 8.7.2013 by the Medical Council of India (for short
D "MCI") with the intention of granting one-time permission to all
  Government and Non-Government Medical Colleges with the
  objective of enhancing the intake capacity of all the medical
  colleges in the country, which was framed with the intention to
  augment the human resources in medicine for attaining
E optimum Doctor-Population ratio in the nation, without
  compromising on the prescribed minimum standards of
  medical education.
       3. Petitioners have satisfied all the eligibility criteria laid
  down in the above mentioned Regulations 2013, and after
F having satisfied the eligibility criteria laid down, few of them
  submitted an application to the MCI for enhancement of annual
  intake of students, reference was made to one of such
  applications dated 15.7.2013. While so, they came across a
  Corrigendum issued by the Board of Governors of the MCI, on
G the direction given by the Central Government, stating that
  Regulations 2013 would be confined only to Government
  medical colleges for the academic year 2013-14.
      4. Learned senior counsel appearing for the writ petitioners
  submitted that such corrigendum cannot override the statutory
H Regulations 2013. Learned senior counsel submitted that the
    DR. B. R. AMBEDKAR MEDICAL COLLEGE v.                    509
     UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
object of the Regulations would be achieved only if the same        A
is made applicable uniformly to the Government,as well as Non-
Government medical colleges in the country arid that confining
the Regulations only to the Government medical colleges is
discriminatory and violative of Article 14 of the Constitution of
India. In support of this contention, reference was made to the     B
judgments of this Court in Suraj Mall Mohta and Co. v. A. V.
-Vishvanath Sastri (1955) 1 SCR 448 and State of West
Bengal v. Anwar Ali Sarkar 1952 SCR 284.
     5. Shri Amit Kumar, learned counsel appearing for MCI
defended the issue of corrigendum stating that the same was         C
issued in public interest and also in the peculiar facts and
circumstances of the present case since the time limit fixed in
the Schedule to 2013 Regulations got expired. Learned counsel
also submitted that corrigendum was issued by the MCI on the
direction given by the Central Government under Section 3(c)        D
of the Indian Medical Council (Amendment) Act, 2010, which
enables the Central Government to give proper directions to
the MCI and the MCI is bound to give effect to those directions.
Learned counsel also explained the circumstances which led
the Central Government in issuing the letter dated 18.7.2013        E
to the MCI. Learned counsel also submitted that, due to the
extreme necessity of completing the admission process, the
Board of Governors of the MCI could not have received
applications from the private medical colleges for enhancing
the intake capacity during the academic year 2013-14. It is         F
under such circumstances, the Central Government had
directed the MCI to apply the modified time schedule for the
receipt of application and grant permission only to the
Government medical colleges for the academic year 2013-14.
Learned counsel also pointed out that MCI and the Central           G
Government have to comply with the time schedule fixed by this
Court in various judgments for admission of students as well.
Reference was made to the judgments of this Court in Mridul
Dhar (Minor) and Another v. Union of India and Others (2005)
2 SCC 65 and Priya Gupta v. State of Chhattisgarh and Others        H
(2012) 7 sec 433.
    510      SUPREME COURT REPORTS                  [2013] 9 S.C.R.


A       6. Shri Sidharth Luthra, Additional Solicitor General
  appearing on behalf of the Union of India, made available the
  original files leading to the issue of the letter dated 18.7.2013
  by the Central Government to the MCI and explaining the
  circumstances under which it was decided to confine the
B Regulations 2013 only to the Government medical colleges, that
  too, taking into consideration the larger public interest. Shri
  Luthra also submitted that the direction given by the Central
  Government vide letter dated 18.7.2013 is in consonance with
  the Regulations and issued in exercise of the powers conferred
c on it under Section 3(c) of the Indian Medical Council Act, 1956.
       7. We have heard learned senior counsel on either side
  at length. We need not reiterate the imperative need to follow
  the time limit fixed by this Court in the matter of admission to
  MBBS/BDS courses in Mridul Dhar case (supra) which was
D done in the interest of students' community, for admission to
  the Post Graduate and Super Speciality courses. Timely
  admission of the students to these courses is of utmost
  importance so that the students would get quality and timely
  education. In Mridul Dhar case (supra), this Court clearly
E indicated that the time schedule for establishment of new
  college or to increase intake in existing college shall be
  adhered to strictly by all concerned, failing which defaulting
  party would be liable to be personally proceeded with.
          8. In Priya Gupta v. State of Chhattisgarh and Others
F (2012) 7 sec 433, this Court has reiterated the necessity to
  follow the time limit fixed by this Court. This Court went even to
  the extent of indicating that failure to conform with the time limit
  fixed by this Court shall be liable for action under the provisions
  of the Contempt of Courts Act, 1971 read with Article 129 of
G the Constitution of India.
         9. In the light of the above mentioned judgments and the
    various directions issued by this Court, we have to judge
    whether the decision taken by the Central Government as well
    as the MCI confining the Regulations 2013 only to the
H
   DR B. R. AMBEDKAR MEDICAL COLLEGE v.                     511
   UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
Government medical colleges is arbitrary, illegal or                A
discriminatory in the peculiar circumstances of this case.
Regulations 2013 was issued by the MCI in exercise of its
powers conferred under Section 33(fa) of the Indian Medical
Council Act, 1956 with the previous sanction of the Central
Government. The object of the notification was to enhance the       B
intake capacity in the existing medical colleges so as to
augment human resources in medicine for attaining optimum
Doctor-Population ratio in the Nation, without compromising the
prescribed minimum standards of medical education.
Regulation 3 deals with the eligibility to make an application,     c
which reads as under:
    "3. Eligibility to make application.- (1) The application
    for enhancement of annual intake capacity in the existing
    Medical Colleges may be made by the organizations that
    have established the Medical College to the Board of            D
    Governors in Supersession of the Medical Council of India.
    The format of application for Government and non-
    governmental owned Medical College is prescribed in
    Schedule I appended to these Regulations.
    (2) Only such existing Medical Colleges shall be eligible       E ·
    to apply under these Regulations that enjoy minimum ten
    years of standing from the date of grant of initial letter of
    permission by the Central Government and the MBBS
    qualification awarded by them stands included in the First
    Schedule of the Indian Medical Council Act, 1956 [Act No.       F
    102 of 1956].
    (3) The Medical Colleges with an annual intake of 50 or
    more but below 100 MBBS seats shall be eligible to apply
    for enhancement for annual intake capacity to 100, as one-      G
    time measure.
    (4) The Medical Colleges with an annual intake of 100 or
    more but below 150 MBBS seats shall be eligible to apply
    for enhancement for annual intake capacity to 150, as one-
    time measure.                                                   H
     512       SUPREME COURT REPORTS                   [2013] 9 S.C.R.


A          (5) Such Medical Colleges that have not been granted
           letter of permission by the Board of Governors in Super-
           session of the Medical Council of India in accordance with
           clause 8(1 )(3)(d) of the Establishment of Medical College
           Regulations, 1999 [notified in the Official Gazette on
B          16.04.201 O] and/or the person who has established the
           Medical College has been convicted by a Court of
           Competent jurisdiction in a criminal investigation initiated
           by the Central Bureau of Investigation or Police."
       10. Regulation 4 deals with the procedure to make
C application. The time-schedule for receipt of application for
  enhancement of annual intake capacity in under-graduate
  courses, is provided in Schedule II appended to the
  Regulations, which reads as follows:
                     "SCHEDULE II
D    TIME-SCHEDULE FOR RECEIPT OF APPLICATION FOR
       ENHANCEMENT OF ANNUAL INTAKE CAPACITY IN
               UNDERGRADUATE COURSES
                                                   \


      S.No.              · Stage of Processing           Last date
E
      1.        Receipt of applications by the Board      15.07.2013
                of Governors in Super-session of the
                Medical Council of India

F
      2.        Return of Incomplete application         20.07.2013

      3.        Grant of Letter of Permission by         31.07.2013
                the Board of Governors in
.G              Supersession of the Medical
                Council of India

       11. Schedule I of Regulations 2013 deals with the format
  of application for Government and Non-government medical
  colleges for making an application for enhancement of annual
H intake capacity. Para 4 of the Form (Schedule I) as well a$ the
   ,DR. B. R. AMBEDKAR MEDICAL COLLEGE v.                     513
     UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
note attached to the said format also has relevance and the           A
same is as follows:
                          "SCHEDULE I
                              FORM
                 (Suggested format for Applicants)
                                                                      B
    PROPOSED FORMAT OF UNDERTAKING TO BE
    OBTAINED        FROM     THE     APPLICANT      FOR
    ENHANCEMENT OF MBBS SEATS FROM - - - -
    (Please specify existing intake capacity} to _ _ __
    (Please specify enhanced intake capacity)
                                                                      c
    xxx    xxx                     xxx
    xxx    xxx                     xxx
    4. The applicant assures that the compliance with the
    relevant Minimum Standard Requirement Regulations is              D
    mandatory for continuation of the batch of students and is
    in the interest of students. In case of any failure to meet
    the requirements of the Regulations the Central
    Government I Board of Governors in super-session of the
    Medical Council of India would be entitled in law to              E
    withdraw/revoke/cancel such permission.

                                                  Yours faithfully,
                                                      [Applicant]
                                                                      F
    Note:

     (i)    Kindly enclose :

            (a) duly attested copy of initial Letter of Permission
            and of subsequent renewals granted by the Centrai         G
            Government u/s 1QA of the Indian Medical Council
            Act, 1956; and

            (b) duly attested copy of the Gazette notification/
            Order of the Central Government including the             H
    514       SUPREME COURT REPORTS                (2013] 9 S.C.R.


A                MBBS qualification awarded by the applicant's
                 Medical College in the First Schedule of the Indian
                 Medical Council Act, 1956.

          (ii) The Undertaking in case of Government of State/Union
B         Territory should be signed by the Chief Secretary.

          (iii) The Undertaking in case of non-Governmental
          application should be on non-judicial stamp paper of Rs.
          100 and should be made by President I Chairman Nice
          Chancellor/ Managing Trustee of the Society/Trust and
c         Managing Director of the Company. The Undertaking
          should inter alia state that:

          (a) the College has not been subject to clause 8 (3) (1)
          (d) of the Establishment of Medical College Regulations,
D         1999; and

          (b) the person establishing the Medical College has not
          been convicted by a Court of competent jurisdiction in a
          criminal investigation initiated by the Central Bureau of
          Investigation or Police. The Undertaking should be duly
E         attested by a First Class Magistrate."

           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
G
                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]:
H
     DR. B. R. AMBEDKAR MEDICAL COLLEGE v.                   515
      UNION OF INDIA [K.S. RADHAKRISHNAN, J.)
           "The time schedule indicated above may be                A
     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,        B
     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      C
     in the nation, the above schedule may be modified to the
     following:

S. Stage of Processing            Last Date     Modified Dates
No.
                                                                    D
1.    Receipt of applications     15.07.2013 24.07.2013
      by the Board of
      Governors in Super-
      session of the Medical
      Council of India                                              E


2.    Return of Incomplete        20.07.2013 31.07.2013
      application

                                                                    F
3.    Grant of Letter of       31.07.2013 31.07.2013
      Permission by the Board
      of Governors in
      Supersession of the
      Medical Council of India
                                                                    G
           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        H
    516     SUPREME COURT REPORTS                    [2013] 9 S.C.R.


A        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
B        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
c                !n
         Council 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.
E         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.                     517
     UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
the majority of the Non-government medical colleges could not         A
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         B
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          C
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 1OA 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 :-                                                         E
      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            F
            purpose of medical education;
      4.    A society registered under the Societies
            Registration Act, 1860 (21 of 1860) or
            corresponding Acts in States; or
                                                                      G
      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       H
    518     SUPREME COURT REPORTS                   [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
D   SCHEDULE FOR RECEIPT  OF APPLICATIONS FOR
   ESTABLISHMENT OF NEW MEDICAL COLLEGES AND
  PROCESSING OF THE APPLICATIONS BY THE MEDICAL
                COUNCIL OF INDIA.

     S.          Stage of processing              Last Date
E    No.

     1.    Receipt of applications by the From 1st August to 30th
           Council                        September (both days
                                          inclusive) of the year.
F
     2.    Issue of Letter of Intent by the   Upto 30th April
           Council

     3.    Receipt of reply from the          Upto 31st May
G          applicant by the Council for
           consideration for issue of
           Letter of Permission

     4.    Issue of Letter of Permission      15th June
H          by the Council
   DR. B. R. AMBEDKAR MEDICAL COLLEGE v.                      519
    UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
     Note : The time schedule indicated above may be                  A
          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 B
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. C
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 D
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            E
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        F
    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;
                                                                      G
           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.
                                                                      H
        520       SUPREME COURT REPORTS                 [2013] 9 S.C.R.


    A               (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.

    B        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.




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