GOVERNMENT OF ANDHRA PRADESH Vs. MEDWIN EDUCATIONAL SOCIETY

JUDGEMENT

(1.) In these appeals the common question of fact and law have been raised.

(2.) The State having decided locations for establishment of medical colleges and dental colleges, constituted a Committee headed by a sitting Judge of this Court with the other members i.e., the Director of Nizams Institute of Medical Sciences and the Vice-Chancellor of NTR University of Health Sciences. The Committee was required to examine the applications in detail in accordance with the procedure provided and required to be followed.

(3.) The learned single Judge found that the function of the Committee is part of quasi-judicial or executive functions of the State. The High Court Judge ought not to associate and function as head of such Committee in view of the doctrine of separation of powers enshrined in Article 50 and further that it is not desirable for a sitting Judge to take part in the process of recommending eligible applicants for grant of essentiality certificate. Participation of the Vice-Chancellor was faulted on the ground that the University being a separate entity having its own role at the time of granting affiliation, the Vice-Chancellor ought not to be associated with the Committee. It was further found that Article 371-D and the Presidential Order thereunder have an overriding effect. The State Government has a say in the matter of determining the locations for establishment of medical and dental colleges.