63 . The objection, of the MCI, to the IGNOU having commenced the PGDCC course, without obtaining the previous permission of the Central Government is, accordingly, rejected as, if this stand is accepted, the words “which would enable a student of such course or training to qualify himself for the award of any recognised medical qualification”, figuring in Section 10A(1)(b)(i), would stand reduced to a redundancy. It is trite, however, that the legislature is presumed not to indulge in surplusage and, as expressed in Union of India. v. Brigadier P. S. Gill, (2012) 4 SCC 463 , “one of the salutary rules of interpretation is that the legislature does not waste words”. The words “which would enable a student of such course or training to qualify himself for the award of any recognised medical qualification” have, therefore, to be accorded meaning, purpose and, most importantly, effect. At the cost of repetition, I may clarify that, in my view, according of effect to these words would necessarily entail limiting the applicability, of Section 10A(1)(b)(i) of the IMC Act, to the cases in which a new, or higher course of study, results in the award of the recognised medical qualification. In such cases, the medical college concerned would be prohibited from opening – i.e., from starting or commencing – the new or higher course of study, without obtaining the previous permission of the Central Government. Where, however, the qualification, which would result from pursuing of a new, or higher course of study, is not “recognised”, on that date, the medical college would be perfectly within its rights in commencing the course of study without obtaining a priori permission of the Central Government.
