LexGOVERNMENT OF ANDHRA PRADESH AND ANR. versus MEDWIN EDUCATIONAL SOCIETY AND ORS.
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A B GOVERNMENT OF ANDHRA PRADESH AND ANR. v. MED WIN EDUCATIONAL SOCIETY AND ORS. NOVEMBER I I, 2003 [V.N. KHARE, CJ. AND S.B. SINHA, J.J Medical Council Act, 1956-Section JO-A-Medical colleges-Permission for establishment of-Role of State Government-State Government Granting C essenliality certificate for proposed colleges-State Government responsible to take over responsibility of students of a college which fails to meet norms- Held, the State Government can determine the ·locations where new colleges should be established Administrative Law-Delegation of power-Scope of-Power to State D Government to assess desirability of establishment of a new medical col/ege- Delegation of power made in view of practical difficulties faced by Central Government and Medical Council-State Government to assess in a particular format prescribed by Regulation-Held, is not excessive delegation of power- Medical Council Act, 1956-Section JO-A. E Under Section IO-A of the Indian Medical Council Act, 1956, the Medical Council of India is the recommending authority in respect of schemes filed for establishment of a new medical college in any State. The Medical Council of India was facing difficulties in discharge of its functions as there were cases where after grant of initial permission, the college could F not provide the infrastructure, teaching and other facilities as a result where of the students who had already been admitted suffered serious prejudice. The Medical Council of India, being of the view that the State Government has the manpower as well as the expertise in respect of local conditions, introduced the concept of essentiality certificate. Under the provisions of the Establishment of Medical Colleges Regulations, 1999 a G particular form was prescribed in which essentiality certificate was to be granted by the State Government. The said essentiality certificate in prescribed form was to be a part of the scheme submitted by an applicant before the Central Government. The State Governments, while granting the essentiality certificate in the prescribed form had to give reasons H 408 -, GOVT. OF ANDHRA PRADESH v. MEDW!N EDUCATIONAL SOCIETY 409 justifying the establishment of the proposed medical college. The said form A also required the State Government to undertake that in case the applicant fails to create infrastructure for the medical College, the State Government would take over the responsibility of the students already admitted in the college. Similar provisions also exist in respect of dental colleges. The appellant-State Government, by two separate orders, identified B certain locations where medical and dental colleges could be established. It appointed a Committee for inviting applications from applicants desirous of establishing medical and dental colleges and making recommendations to the State Government for grant of essentiality certificates to the eligible applicants. C The respondents filed writ petitions before the High Court questioning the two Government orders. It was argued by the respondents that while granting an essentiality certificate, the Government is concerned only with the question of desirability and feasibility of having the proposed medical or dental college at the proposed locations but it cannot insist by D way of policy decision or otherwise that the colleges should be located at particular places. Single Judge of the High Court allowed the writ petitions. On appeal, a full Bench of the High Court held that the State Government could not have withheld essentiality certificate on a policy consideration with regard E to location of the medical college as the policy in the matter of establishment of new medical/dental colleges rests with the Central Government alone. It further held that the State Government cannot provide a prior prescription of location by it to restrict the applications to such locations alone. The appellants filed appeals before the Court F Disposing of tli~'appeals, the Court HELD: The High Court has committed a manifest error in holding that the State Government has no role to play in the matter of identifications of location of the sites where the medical colleges are G proposed to be established. While granting an essentiality certificate particularly having regard to the local needs, the State Government has a positive say as regards the location for establishing of a medical college or dental
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