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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4253-4261  OF 2008 (@SPECIAL LEAVE PETITION (CIVIL)NOS.23911-23919 OF 2005 )

MEDICAL COUNCIL OF INDIA                        Appellant(s)

                       VERSUS

SUDIEP SHRIVASTAVA & ORS.                       Respondent(s)

O R D E R

Leave granted.

These  appeals,  preferred  by the  appellant-Medical  Council  of

India (for short 'M.C.I.') are against the order passed by the High Court of

Judicature at Bilaspur, Chhattisgarh.  By the impugned judgment, the High

Court  was  pleased  to  direct  that  for  the  academic  session  2005-06 the

strength of  the students be increased  by ten.   This part  of  the order  is

challenged by the appellant herein.  

Heard  learned  counsel  for  the  M.C.I.  and  also  the  learned

counsel for the respondents.

It is pointed out by learned counsel for M.C.I. that strength of

the students is fixed by M.C.I. When the order of approval is granted to the

college  and  various  factors  are  taken  into  consideration  for  fixing  the

number of students. If any unilateral increase is made as per the direction of

the Court it will cause various problems and this fact was indicated by this

Court in the decision reported in State of Punjab Vs. Renuka Singla, (1994) 1

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SCC p.175, wherein this Court had observed :

“The High Courts or the Supreme Court cannot be generous or liberal in issuing such directions which in substance amount to directing the authorities concerned to violate their own statutory rules and regulations, in respect of admissions of students...”

The above direction was issued in respect of the Dental Council

of India. Similar provisions are also applicable to the M.C.I.  Therefore, the

direction to increase the seats by ten for the academic session 2005-06

was not justified and we are told that further admissions were not made.

We set aside this part of the impugned order of the High Court and the

appeals are allowed to the extent indicated above.  No costs.

 ...............CJI.

(K.G. BALAKRISHNAN)

.................J.     (P. SATHASIVAM)

.................J.     (J.M. PANCHAL)

NEW DELHI; 7TH JULY, 2008.