PRATHIMA EDUCATIONAL SOCIETY Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner is an Educational Society, registered in the year 1997 under the provisions of the A.P. (Telangana Area) Public Societies Registration Act, 1350 Fasli. Its aims and objects, inter alia, are advancement of the medical education, para medical education, education of health sciences and research development.

(2.) It is stated that the Government of Andhra Pradesh invited applications through notification dated 14-8-2000 for establishment of private medical colleges at various places in the State of Andhra Pradesh. One such place was Karimnagar. The petitioner, intending to establish a medical college at Karimnagar with an intake of 150 students under the name and style of "Prathima Institute of Medical Sciences" (for short, 'the medical college') has submitted its application together with necessary enclosures for issuance of Essentiality Certificate. The applications were verified by the Committee constituted by the Government for that purpose. Based on the recommendations made by the Committee, the Government of Andhra Pradesh issued Essentiality Certificate for establishment of medical college at Karimnagar in favour of the petitioner through proceedings dated 30th July, 2002.

(3.) On the strength of the Essentiality Certificate issued by the Government of Andhra Pradesh, the petitioner submitted application to the Union of India-the 1st respondent herein seeking grant of permission for establishing the Medical College with 150 seats. The 1st respondent, in turn forwarded the application of the petitioner to the Medical Council of India-the 2nd respondent herein for necessary verification and evaluation in accordance with the provisions of the Indian Medical Council Act, 1965 (for short, 'the Act') and the regulations made thereunder. It is stated that the inspection was undertaken by the Team of Experts deputed by the 2nd respondent in October, 2001. Since it pointed out certain deficiencies, the 1st respondent addressed a letter dated 5-3-2002 calling upon the petitioner to rectify the same.