STATE OF MAHARASHTRA Vs. INDIAN MEDICAL ASSOCIATION

JUDGEMENT

(1.) THIS appeal which is directed against the judgment of Bombay High Court passed in the writ petition gives rise to following two questions for our decisions-1) whether the State Government is required to submit an application to the Maharashtra University of Health Sciences (hereinafter referred to 'the University') under Section 64 of the Maharashtra University of Health Sciences Act, 1998 (hereinafter referred to as the 'Act') for obtaining permission from itself, when it decides to establish a Government run medical college within the State; and (2) whether the perspective plan prepared by the University under the Act for educational development for the location of higher learning is binding on the State Government when the State Government resolves to set up a Government run medical college within the State.

(2.) THE aforesaid questions arose in the context of the decision taken on 30-8-2000 by the Government of Maharashtra to set up a Government medical college at Kohlapur. This decision of the Government was challenged by the respondents through a Public Interest Litigation before the High Court of Bombay at Aurangabad. THE challenge in the writ petition was, inter alia, on the ground that the State Government having not submitted any application to the University as required under Section 64 of the Act, the decision taken by the State Government to set up a Government run medical college at Kohlapur is invalid, and, that, the resolution of the State Government to set up Government run medical college at Kohlapur being contrary to the perspective plan prepared by the University, the impugned decision was illegal. THE High Court was of the view that the State Government having not submitted any application for permission of the State Government to the University for establishing a Government run medical college at Kohlapur as required under Section 64 of the Act, the impugned decision of the Government is invalid and further the decision of the State Government to set up a medical college at Kohlapur being contrary to the perspective plan prepared by the University which is binding on the State Government, the impugned decision suffers from legal infirmity. Consequently, the decision of the State Government to set up a Government run medical college at Kohlapur was set aside and the writ petition was allowed. It is against the said judgment, the State of Maharashtra has preferred this appeal.

(3.) A perusal of Section 64 shows that it provides for procedure for obtaining permission by the State Government for setting up a new medical college and confers exclusive power on the State Government for grant of permission to a management to establish a new medical college. The power of the State Government to grant permission to set up a new medical college under Section 64 of the Act is substantially the power of the State Government to grant Essentiality Certificate to a management or an institution who intends to establish a new medical college at a proposed location. If Section 64 of the Act is read along with para 3 of the Regulations it would show that the requirement of Essentiality Certificate or approval by the State Government is required when a private management of any other person other than the State Government intends to set up a medical college. The State Government being the authority to accord approval for setting up a medical college within the State cannot apply to itself for grant of approval when it proposes to establish a new medical college within the State. It's decision to set up a government run medical college tantamounts to an approval or permission as contemplated under Section 64 of the Act and grant of Essentiality Certificate to the extent of location of the proposed medical college which is required to be furnished under para 3 of the Regulation. The language of Section 64 is plain and simple. The expression 'management' occurring in Section 64 shows that it refers to a private management other than the State Government when it seeks permission of the State Government to open a new medical college within the State.