NAGALAND DOCTORS ASSOCIATION Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The Government of Nagaland signed a Memorandum of Understanding dated 25th January, 2005 with Emmanuel Hospital Association, New Delhi for the purpose of revitalizing and upgrading the Referral Hospital at Diampur on terms and conditions incorporated therein which inter alia provide that the conduct and the business and affairs would be looked after by a Society to be registered as Christian Institute of Health Sciences and Research. The salient features provide for registration of the Society under the Societies Registration Act which will have a General Body and a Board of Directors to manage the affairs of the Society as per Articles of Association and By Laws. The cost of the project estimated at Rs. 40.12.92 lakhs would be provided by the Government of Nagaland along with the land and buildings of the Referral Hospital to the Emmanuel Hospital Association. The Government of India in the Ministry of DONER also agreed to assist the project by providing fund to the extentof 90% as grant. The obligations of the Emmanuel Hospital Association are as follows:

(2.) The Government of Nagaland, as provided in Clause-19 of the MOU, are required to discharge their assigned functions to enable the Emmanuel Hospital to go ahead with the project in greater interest of the public of the North East. The most important features which may be taken note of is the development of infrastructure to have an institute for imparting medical instructions with seats re- served for local candidates as indicated in clause (h) above.

(3.) The Memorandum of Understanding (MoU) dated 27th May, 2005 has been signed by the Christian Medical College and Hospital, Vellore as the First Party, the Government of Nagaland as the second Party and the Emmanuel Hospital Association as the Third Party further indicating the role to be played by each of them. The Christian Medical College, Vellore has agreed to extend their services in the following manner -