LAW FOR ALL

“Enhancement of Annual Intake Capacity in Undergraduate Courses in Medical College for the Academic Session 2013-14 only Regulations 2013”= Writ of Certiorari to quash the Corrigendum Notification No. 37(1)2013/One 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 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.= 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. 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 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 accordingly dismissed.