LexTHE STATE OF MAHARASHTRA versus INDIAN MEDICAL ASSOCIATION AND ORS.
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A B c D E F THE STATE OF MAHARASHTRA v. INDIAN MEDICAL A::SOCIATION AND ORS. DECEM!IER 6, 200 I [V.N. KHARE AND B.N. AGRAWAL, JJ.] Education : Maharashtra Universiry qf Hea'th Sciences Act, 1998/The Establishment qf New Medical Colleges, Opening qf Higher Courses qf Study and increase qf Adminion Capacity in Medical Col/.•ges Regularion, 1993-Secrions 64 and 2(21 )!Para 3. Opening qf new Governmenr Medical College in State-Requirement qf-To submit an applicarion to the :Jniversity for obtaining permission from State Government-Applicability-Hdd, when State Government decides to set up a Govern1nent Medical College al a proposed location, it is not required to sub111it an application .for obtaining p ennission.fron1 itself-Such perttiission is required in case o.f private managen ent or persons other than State Gove17l- tnent-Also such dec:i.\·ion o,f the Statt Govern111ent tantan1ounts to approval or pern1ission under Section 64 and grnnt o,f Essentiality Certificate under JJ:ara 3-Further expression 'Managen1ent' occurring in Sec,:tion 64 does not include the State Gnvenunent and defined 1n1'anilig n,f expression 'Manage111ent' under_ Section 2(21) cannot be assigned. Per;pecrive plan prepared by 1 he University--Binding on The State Gov- ernnzent-When State Govenunent 1 lecides to set up a Govern111ent Medical College at a proposed location-He/,/, as State Government is not nzanagement under Section 64, perspective plan is not strictly binding on it-Such plan binds the State Govenunent qua private 1nanagen1ent or anybody else excepting the. State Governn1ent applying .for permission o.f the State Gnvernnzent to open a Medical College --Also serves as a guideline to the State Governrner1t ·which it G is expected to abide and any single deviation would not render State Govern- 1nentS decisions invalid. Words and Phrases : 'Management'-Meaning qf 'n the contexr ·~f Sections 2(21) and 64 of H the Maharashtra University Health Sciences Act, 1998. 474 - - •.. STATE v. INDIAN MEDICAL ASSOCIATION 475 Appellant-State Government decided to set up a Government Medi- A cal college. Aggrieved, respondents filed a petition. High Court held the decision to be invalid as the State Government did not snbmit any applica- tion to the University seekiug permission of the State Government for establishing a Government medical college under Section 64 of the Maharashtra University of Health Sciences Act, 1998 and also the said B decision was contrary to the perspective plan prepared by the university. Hence the present appeal. Allowing the appeal, the Court HELD : I.I. When the State Government resolves to set up a medical C college at a proposed location, it is not required to submit any application to itself for permission to establish a Government run medical college through the University under Section 64 of the Maharashtra University of Health Sciences Act, 1998. (487-C] 1.2. Under Para 3 of the Establishment of New Medical Colleges, Opening of Higher Courses of Study and Increase of Admission Capacity in Medical Colleges Regulation, 1993 it is mandatory on the part of an · institution or a man:fgement desirous of establishing a medical college to obtain Essentiality Certificate from the respective State Government or the Union Territory Administration. The requirement of Essentiality Cer- tificate concerns with, among other requirements, the desirability of hav- ing the proposed medical college at the proposed location and grant of certificate that adequate clinical material is available as per Medical Council at the proposed medical college, which are required to be decided by the State Government. Thus, the State Government is the only authority un- der the Regulations to decide the location of a new proposed medical college within the State. •"or that purpose, the State Government can neither delegate its function to any other authority not create a statutory authority under a State Act. If it does so, it would be repugnant to the Central Act. However, it is true that the State Government in order to maintain inter or intra regional imbalances within the State and to remove the chances of arbitrariness can lay down guide lines or prepare a perspec- tive plain for its own guidance for selecting locations for a proposed new medical college within the State. [481-B-G] D E F G 1.3. Another object behind the necessity to obtain the Essentiality H 476 SUP
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