GOVERNMENT OF ANDHRA PRADESH Vs. MEDWIN EDUCATIONAL SOCIETY

JUDGEMENT

(1.) INTRODUCTION

(2.) As the said question is required to be answered keeping in view interpretation of the provisions of the Medical Council of India Act, Dental Council of India Act and the Regulations framed thereunder, it is not necessary to take into consideration the

(3.) A large number of writ petitions were filed before the Andhra Pradesh High Court questioning the aforementioned two Government orders. In the writ petitions, inter alia, the question as regard the validity and legality of constitution of the said committee to go into the question of locations of medical or dental colleges was raised. The Government of Andhra Pradesh's jurisdiction to constitute such committee was also questioned having regard to the provisions contained in the Parliamentary Acts. It was contended that keeping in view the scheme of the Parliamentary Act together with the Regulations made thereunder, the Parliament having occupied and taken over the entire legislative field, the same could not be encroached upon by the State only because essentiality certificate is required to be issued by it as per condition No. 3 of qualifying criteria contained in the Regulations. It was urged that while granting an essentiality certificate, the State Government is concerned only with the question of desirability and feasibility of having the proposed medical colleges at the proposed locations but it cannot insist by way of policy decision or otherwise that the colleges should be located at particular places.