STATE OF HIMACHAL PRADESH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an unusual writ petition with hardly any parallel. The State of Himachal Pradesh represented by its Secretary, Department of Health is seeking judicial review of the action of the Central Government represented by the Secretary, Ministry of Health and Family Welfare and the Medical Council of India represented by its Secretary, New Delhi, concerning permission for a Medical College - Dr. Rajendra Prasad Government Medical College, it wants to establish at Tanda in Kangra District with an annual intake of 50 students in the first year, the academic year 1997-98.

(2.) The State of Himachal Pradesh comprises mountainous terrain of 55,693 sq. km. with 19388 villages scattered all over the State and most of the inhabitants are of tribal and rural background. For the entire State there is only one medical college Indira Gandhi Medical College established in 1960 in the capital city Shimla, long before the State of Himachal Pradesh came into being. The annual intake for admission to the first year medical course in the Indira Gandhi Medical College, Shimla used to be 65 uptill 1996-97 session, and now it is raised to 100. Medical education being costly, it is hardly possible for the overwhelming population to send their children to Medical Institutions outside the State. Fully conscious of this situation, the Hon'ble Chief Minister made an announcement in the Legislative Assembly during the budget speech in 1996 that the State would establish a Medical College in Kangra district in order to provide the much needed medical facilities to the people. This Medical College proposed to be set up in Tanda in Kangra district is intended to serve the people of five districts covering an area of 20,000 sq. kms. This place was chosen because of the existence of a 300 bedded well equipped hospital at Dharamshala at a distance of 12 kms. where about 7500 patients are treated every year. In order to co-ordinate the activities of various Government branches for the purpose of establishment of the Medical College with effect from the academic year 1997-98 the State Government had appointed a special officer.

(3.) An application for permission to start the College was made on 26-7-1996 by the State Government to the Central Government. A detailed project plan comprising the actual scheme for setting up the College apart from other necessary related information, was also submitted to the Central Government. The financial aspects as contained in the project plan disclose that the overall capital budget required was for a period of four years. The necessary bank draft for a sum of two lakh rupees was also enclosed with the application. Simultaneously, the State Government also applied to the Himachal Pradesh University for grant of affiliation.