A. P. CHRISTIANS MEDICAL EDUCATIONAL SOCIETY ETC. versus GOVERNMENT OF ANDHRA PRADESH & ANR.

Citation: [1986] 2 S.C.R. 749 · Decided: 24-04-1986 · Supreme Court of India · Bench: O. CHINNAPPA REDDY · Disposal: Dismissed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

749 
A. P. QIRISTIAHS MEDICAL EOOCATIONAL SOCIE'IY ETC. 
v. 
roVER!llENT OF AliOORA PRADESH & AMR. 
APRIL 24, 1986 
[O, CHINNAPPA REDDY, G.L. OZA AND K.N. SINGH, JJ,] 
~ 
Constitution 
of 
Tndia, 
Art. 
30(1) 
-
Educational 
>-1nstitutions - Right of minorities to establish and administer 
- Court's right to pierce 'minority veil' to ascertain exact 
nature of the institution. 
The 
appellant, 
a 
registered society, purported to 
_,--
establish and administer a medical college as a Christian 
1111.norities' educational institution in Andhra Pradesh. The 
policy of the Government of India and the Medical Council of 
India was not to permit the opening of new medical colleges. 
It was, however, open to private organisat:ions to establish 
colle~es of higher education which could seek affiliation to 
universities in whose jurisdiction t:1ey were located. Such 
colleges could offer courses leading to degrees only if they 
were affiliated to a university. 
• 
One of the requirements of affiliation of a medical 
college with the Osmania University was the existence of a 
full fledged hospital with at least 700 beds, a regular out-
patient departllll!llt, well equipped laboratories, lecture halls, 
demonstrat~on rOOllS, etc. and hostel for students or in the 
~ ,_ f 
t alternative provision of funds to the tune of about rupees 
twenty five crores, permission letter froa the State Govern-
llll!llt to start the medical college, and a goveri:aent order 
indicating that the bye-laws of the management have been 
registered as llinority institution and accepted by the Govern-
1181lt as such. 
The 
appellant 
society 
could 
not fulfil a 
single 
condition, apart from appointing someone as principal. Neither 
the aemorandua of asaociation nor the articles of association 
llllde reference to any S110unt. of corpus with which the society 
::r- and the college proposed to be founded by it were to be 
financed initially. It did not own any land, and it had no 
support of the Church either. While its applicatfon for 
A 
B 
c 
D 
E 
F 
G 
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A 
B 
c 
D 
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G 
l 
750 
SUPREME COURT REPORTS 
[1986] 2 S.C.R. 
affiliation was 
pending with the University it admitted 
students to the first year of the MBBS course, despite strong'r-
protests voiced and several warnings issued by the University. 
On May 23, 1985 the University wrote to the Society that 
it was necessary to obtain the permission of the State 
Government and the Medical Council of India in order to start 
a medical college. The society was also informed that their 
action in admitting students in the first year MBBS course was~~ 
highly irregular and illegal and that it should cancel the 
admissions so made, and that attendance at the institutions 
not affiliated to or recognised by the University would not 
qualify a candidate for admission to any examination conducted j 
by the University. 
-~ 
On July 24, 
1985 the State Government informed the+-
society that permission to start a private medical college 
could not be granted. The society thereupon filed a petition 
in the High Court seeking a writ under Art. 226 of the 
Constitution to quash the refusal and to direct the Government 
to grant permission and the University to grant affiliation. 
The petition was dimissed in limine observing that there were 
no circU111Btances to justify compelling the Government to grant 
permission to the society to start a new medical college in ,... 
view of the restrictions placed by an expert body like the 
Medical Council of India that no further medical college 
should be started. 
In the appeal by special leave, it was contended that 
even a single individual belonging to a minority could found a -t 
minority institution and had the right so to do under the 
Constitution, and neither the Government nor the University 
could deny the society's right to establish a minority ~ 
institution, though they may impose regulatory measures in the 
interests 
of 
uniformity, 
efficiency 
and 
excellence 
of 
education. 
In the writ petition filed by some of the students 
admitted into the MBBS Course by the Society, it was pleaded 
that the interests of students should not be sacrificed 'f 
because of the conduct or folly of the management, and that 
they should be permitted 
to 
appear at 
the 
university 
examination, notwithstanding the circumstances that permission 
and affiliation had not been granted to the institution. 
CHRIST, MIDICAL SOCIETY v. A.P. GOVT. 
751 
Dismissing the appeal

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