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MCI not empowered to grant recognition to medical colleges: SC- 5-Jul-2012
New Delhi: Medical Council of India (MCI) is not empowered to grant recognition to medical colleges and this power lies with the Central government, the Supreme Court said.
"In our view, the position is quite clear that in terms of the scheme of the MCI Act and the regulations framed by the Council, it is the Central government which is empowered to grant recognition to a medical college or institution on the recommendation made by the MCI," a bench headed by Justice Altamas Kabir said.
"The role of the Medical Council of India in the grant of recognition to a medical college/institution is recommendatory and the Council has no power to grant recognition to a medical institution. Such power lies with the central government," it further said.
The bench said there is no provision in the MCI Act relating to grant of sanction.
"No provision is available under the Act relating to grant of recognition of a medical college/institution, as Section 10A speaks only of permission and not recognition," the bench said.
The bench set aside the Delhi High Court's order which held that permission granted by the Council to run a medical college amounts to recognition.
"We are unable to agree with the reasoning of either the learned single judge or the division bench of the high court in arriving at the finding that once permission had been granted under Section 10A of the Act, it would amount to grant of recognition and, thereafter, the medical college/ institution, was free to enhance the number of seats without the permission either of the Council or the Central Government," the bench said.
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