The Legal Education - Law Commission of India

17considering the provisions of another statute like the UGC Act, passed byParliament under the same Entry 66, List I of the VII Schedule, namely, theIndian Medical Council Act, 1956, which specifically deals with“standards” of medical education. The Preamble to that Act also states(like the Preamble to the UGC Act, 1956) that the Act is intended, amongother things, to provide for the prescription of standards of post graduatemedical education. Section 20 of the Medical Council Act, 1956 deals withthe constitution of the P.G. Medical Education Committee to assist theMedical Council in matters concerning P.G. Medical education and it statesthat in case there is difference between the Medical Council and the P.G.Medical Education Committee, the Medical Council “shall forward themtogether with its observations, to the Central Government for decision.”Once Regulations are made by the Medical Council on the basis of therecommendations of the P.G. Medical Education Committee, they wouldbe binding on the State Governments. The Regulations are not to betreated as merely recommendatory. Standards of education under Entry 66,List I include calibre of teaching staff, proper syllabus, student-teacherratio, calibre of students admitted to the institution, equipment and labfacilities, adequate accommodation for the college, the standards ofexamination, including the manner in which the papers are set andexamined.2.3 From the above decisions of the Supreme Court, the scope and effectof a law made under Entry 66 of List I dealing with ‘standards ofeducation’ is quite clear. The law, be it the UGC Act, 1956 or the MedicalCouncil Act, 1956 (in so far as the latter authorized the laying down ofstandards of PG Medical Education), and laws made under the said entry