AIR 1998 SUPREME COURT 2423 ::1998 AIR SCW 2418 ::1998 (2) UJ (SC) 343 ::1998 UJ(SC) 2 343 ::1998 (6) SCC 131 ::(1998) 4 Scale 161 ::1999 (1) PatLJR 10 ::(1998) 3 SCJ 18 ::(1998) 3 SCR 740 (SC) ::1998 (3) SCR 740 ::1998 (3) SCT 394 ::1998 (5) ServLR 4 ::1998 (6) Supreme 20 ::(1998) 5 JT 40 (SC)

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): M. M. Punchhi, K. T. Thomas, D. P. Wadhwa , JJJ

(A) Constitution of India , Art.226, Art.254— Education - Admission - Medical College - Admission capacity - Fixation - Can be done only by medical council - State Govt. and Universities cannot increase admission capacity. Medical Council Act (102 of 1956) , S.10A, S.10B, S.33— Karnataka State Universities Act (29 of 2001) , S.53(10)— Karnataka Educational Institutions (Prohibitions of Capitation Fee) Act (37 of 1984) , S.4— Dentists Act (16 of 1948) , S.10A— It is the Medical Council/Dental Council which can prescribe the number of students to be admitted in medical courses/Dental Courses in a medical college or institution. It is the Central Government alone which can direct increase in the number of admissions but only on the recommendation of the Medical Council. Universities and the State Government of Karnataka had no authority to allow increase in the number of admissions in the medical colleges in the State.(Para 31 32) It is the Medical Council which is primarily responsible for fixing standards of medical education and over seeing that these standards are maintained. It is the Medical Council which is the principal body to lay down conditions for recognition of medical colleges which would include the fixing of intake for admission to a medical college. The medical Council Act is ....