ANIL NEERUKONDA EDUCATIONAL SOCIETY Vs. PRINCIPAL SECRETARY GOVT OF A P HEALTH MEDICAL AND FAMILY WELFARE DEPARTMENT

JUDGEMENT

(1.) The petitioner is an educational society, said to have been promoted mostly by nonresident Indians. It is stand that the object of the petitioner society is to promote medical dental nursing and para-medical education; and to undertake research in medical and health services.

(2.) With an object of establishing the medical college at Sangivalasa village of Bheemunipatnam Mandal, Visakhapatnam District, the petitionersubmitted an application to the 2nd respondent, Union of India, in accordance with the procedure prescribed under the Medical Council of India Act (for short 'the Act') on 29-8-2005. Few days before it, i.e. 25-8-2005, the petitioner claims to have submitted an application to the 1st respondent, Government of Andhra Pradesh, with a requestto issue Essentiality Certificate. On an examination of the application submitted by the petitioner, the 2nd respondent addressed a letter dated 30-8-2005, pointing out that the application was not accompanied by Essentiality and Feasibility certificate to be issued by the State Government. As many as 19 other deficiencies were also pointed out. The petitioner states that it had taken steps to comply with the other deficiencies, pointed out by the 2nd respondent in their letter dated 30-8-2005, but, in the matter of issuance of Essentiality Certificate, the 1st respondent is under obligation to take necessary steps.

(3.) Pleading that there exists a dire necessity of establishing a private medical college in the tribal areas of Visakhapatnam, particularly in view of the spread of epidemics in the area, the petitioner submits that the 1st respondent ought to have acted in the matter, swiftly. It complains that despite issuance of reminders no concrete steps have been taken. Reliance is also placed upon some judgments, rendered by the Supreme Court and other High Courts.