KESHAV RAO JADHAV Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The constitutional validity of the University of Health Sciences Act, being Act 6 of 1986, is called in question in this writ petition.

(2.) The preamble to the Act says that the Act was made to provide for the establishment and incorporation of a Teaching and Affiliated University in the State of Andhra Pradesh for the purpose of ensuring efficient and systematic education, training and Research on Allopathic and Indian Systems of Medicine, Dentistry, Pharmacy, and Nursing.

(3.) Section 2 defines certain expressions occurring in the Act. "Health Science" is defined in clause (k) to mean "the modern and Indian systems of medicine in all their branches concerning preventive, promotive, curative and rehabilitative services". Section 3 provides for the constitution of the University. Sub-Section (1) says :- "The shall be constituted in and for the State of Andhra Pradesh a University by the name of the University of Health Sciences which shall consist of a Chancellor, a Vice-Chancellor, a Rector, if any, an Executive Council and an Academic Council." Sub-Section (3) says that the University shall be a teaching and affiliating University. Section 4 sets out the objects of the University. The objects are : "(i) to maintain a uniform curriculum in all the institutions affiliated to it ; (ii) to conduct a common entrance examination to the courses in all the institutions affiliated thereto ; and (iii) to improve the standards of Medical Education including Research." Section 5 sets out the powers and functions of the University. The powers and functions include, inter alia :- "(a) to formulate and maintain uniform curriculum and system of examinations for all the Medical Colleges in the respective systems of medicine and other institutions : (b) xx xx xx (c) to provide for instruction and training in such branches of medicine and allied sciences as may be considered suitable and to make provisions for research and for the advancement and dissemination of knowledge in Health Sciences ; (d) to institute degrees, titles, diplomas, certificates and other academic distinctions and to provide instruction for such courses of study as it may determine; (e) to develop, upgrade and start Departments in the medical specialities, as may be required and to provide instruction for such courses of study, as it may determine; xxx xxx xxx xxx (i) to institute, maintain and administer University Colleges, hospitals and laboratories and institutes of research, libraries or other institutions necessary to carry out the objects of the University ; xx xx xx xx (ii) to establish and maintain University libraries, Research Stations, Museums and Press and Publication Bureau". and so on.