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Legal P-26 (V)
The facts giving rise to the present appeals and transferred cases, in a nutshell are that on 18.09.2004, the Assam Legislature enacted the Assam Act. The said Act was enacted to provide for the establishment of a regulatory authority in the State of Assam to register the Diploma holders in Medicine and Rural Health Care ("DMRHC"), to regulate their practice in medicine in rural areas and to regulate the opening of medical institutions to impart education and training for the course of Diploma in Medicine and Rural Health Care.
On 23.06.2005, the Director, Medical Education, State of Assam, published an (1) advertisement in the Assam Tribune inviting applications from eligible candidates seeking admissions in the three-year course of Diploma in Medicine and Rural Health Care in 3 the Medical Institute, Jorhat, for the session starting in the year 2005.
The controversy in these cases revolve around the legislative competence of the Assam State Legislature to enact the Assam Act which has been assailed by the writ petitioners before the Gauhati High Court on the ground of legislative competence as per Article 246 read with the relevant entries of List I and III of the Seventh Schedule of the Constitution of India. (2) However, the Gauhati High Court has struck down the Assam Act on the ground of repugnancy as per Article 254 of the Constitution.
We have heard learned Senior Counsel Mr. Harin P. Raval and learned senior counsel Mr. Sanjay Hegde for the appellants-diploma holders in medicine and learned counsel Sri Shivam Singh, appearing for the writ petitioner/Respondent No.1 herein namely, Indian Medical Association instructed by Sri Abhinav Singh and learned Additional Solicitor General Sri K.M. Natraj, for the Union of India and learned Senior Counsel Sri Vikas Singh, appearing on behalf of Respondent No. 7, Medical Council of India. We (3) have heard Sri Rana Mukherjee learned Senior Counsel instructed by Ms. Oindrila Sen appearing on behalf of the petitioners in Transferred Case (C) Nos. 24 and 25 of 2018 and Mr. Ananga Bhattacharyya learned counsel appearing on behalf of the State of Assam. We have perused the material on record.
That the Preamble to the IMC Act, 1956 discloses that the said Act is enacted to provide for the reconstitution of Medical Council of India and the maintenance of a Medical Register for India and for matters connected therewith. Section 10A of the said Act provides that, notwithstanding anything contained (4) in the Act or any other law for the time being in force, no person shall establish a medical college; or no medical college shall open a new or higher course of study or training which would enable a student of such course or training to qualify himself for the award of any recognised medical qualification, except with the previous permission of the Central Government.
That the permission as contemplated in Section 10A is the permission to open a new or higher course of study or training which would enable a student of such course or training to qualify himself (5) for the award of any "recognised medical qualification". Legal P-26 (V)