IMPORTANT POINT
That the expression Management occurring in Section 64 of the Maharashtra University of Health Sciences Act, 1998 does not include State Govt. So State Govt. is not required to submit an application to the university u/s. 64 of the Act for obtaining permission from itself, when it decides to establish a Govt. run medical college within the State.

Headnote:(i) Medical Council Act, 1956-Sections 10A, 10B and 10C and Sections 33 r/w 10A-The Establishment of New Medical Colleges, opening of Higher courses of study and increase of admission capacity in Medical College Regulation, 1993-Para 3-Maharashtra University of Health Sciences Act, 1998-Section 64-Whether the State Govt. is required to submit an application to the Maharashtra University of Health Sciences under Section 64 of the Maharashtra University of Health Sciences Act, 1998 for obtaining permission from itself, when it decides to establish a Govt. run Medical College within the State? (No)-High Court reversed.
       Held : In the matter of establishment of a medical college and medical education the field, that is open where a State Government has any role to play is only in regard to decide the desirability of the location of the proposed medical college and grant of certificate that adequate clinical material is a available as per Medical Council at the proposed medical college. Thus, the State Government is the only authority under the Regulations to which we are concerned to decide the location of a new proposed medical college within the State. The State Government, therefore, is the only judge to decide where the proposed medical college is to be located. For that purpose, the State Government neither can delegate its function to any other authority nor can create a statutory authority under a State Act. If it does so, it would be repugnant to the Central Act. However, it is true that the State Government in order to maintain inter or intra regional imbalances within the State and to remove the chances of arbitrariness can lay down guidelines or prepare a perspective plan for its own guidance for selecting locations for a proposed new medical college within the State. (Para 3)
       Another object behind the necessity to obtain the Eligibility Certificate from the State Government under para 3 of the Regulations is that in the event a private management becomes incapable of setting up the proposed medical college or impart education therein, such a Certificate by the State Government casts an obligation on the State Government to take over the affairs of such a private medical college and discharge the obligations of the private management. It is in these context, Section 64 of the Act. (Para 4)
       If Section 64 of the Act is read along with para 3 of the Regulations it would show that the requirement of Essentiality Certificate or approval by the State Government is required when a private management or any other person other than the State government intends to set up a medical college. The State Government being the authority to accord approval for setting up a medical college within the State cannot apply to itself for grant of approval when it proposes to establish a new medical college within the State. It s decision to set up a government run medical college tantamounts to an approval or permission as contemplated under Section 64 of the Act and grant of Essentiality Certificate to the extent of location of the proposed medical college which is required to be furnished under para 3 of the Regulation. The language of Section 64 is plain and simple. The expression management occurring in Section 64 shows that it refers to a private management other than the State Government when it seeks permission of the State Government to open a new medical college within the State. (Para 5)
       The argument that the State Government when it decides to set up a new government run medical college is required to submit an application to the University for grant of permission by the State Government would be repugnant to the object behind para 3 of the Regulations and legislative intent for which Section 64 of the Act has been enacted. (Para 9)
       Consequently held : For the aforesaid reasons, we are of the view that when the Government by a resolution decides to establish a new government run medical college within the State, it is not required to submit any application to the University under Section 64 of the Act for grant of permission by itself. (Para 11)
       (ii) Constitution of India-Art. 371(2)(c)-Technical education-Whether the perspective plan as prepared by the University was binding on the State Government when it decides to establish a government run medical college within the State? (No)-(See Paras 12 to 17) -Summary of the findings-Result-Appeal allowed.
       Held : To sum up, what we have held hereinbefore are these:
       (A) That, the decision of the State Government to establish a government run medical college at a proposed location tantamounts to an Essentiality Certificate under para 3 of the Regulations to the extent of location of the medical college;
       (B) That, the defined meaning of expression management cannot be assigned to the expression management occurring in Section 64 of the Act;
       (C) That. the expression management occurring in Section 64 of the Act does not include the State Government;
       (D) That, when the State Government resolves to set up a medical college at a proposed location, it is not required to submit any application to itself for permission to establish a Government run medical college through the University under Section 64 of the Act;
       (E) That, any perspective plan prepared by the University is not strictly binding on the State Government when it resolves to set up a government medical college at a proposed location in view of the fact that the State is not the management under Section 64 of the Act;
       (F) That, the perspective plan prepared by the University binds the State Government qua private management or anybody else excepting the State Government applying for permission of the State Government to open a medical college;
       (G) That, any perspective plan prepared by the University serves as a guideline to the State Government as and when the State Government decides to set up a new government run medical college within the State and the State Government is expected to abide by the said guidelines, as far as possible;
       (H) That, in the present case, there was substantial compliance of the perspective plan prepared by the University; and,
       (I) That, the decision in the present appeal is confined to the question of establishment of a government run medical college in the State.
       For the aforesaid reasons, we are of the view that the present appeal deserves to succeed. Consequently, the judgment under appeal is set aside and the appeal is allowed. There shall be no order as to costs. (Paras 18 & 19)

JUDGMENT

V. N. Khare, J.-This appeal which is directed against the judgment of Bombay High Court passed in the writ petition gives rise to following two questions for our decisions - 1) whether the State Government is required to submit an application to the Maharashtra University of Health Sciences (hereinafter referred to the University ) under Section 64 of the Maharashtra University of Health Sciences Act, 1998 (hereinafter referred to as the Act ) for obtaining permission from itself, when it decides to establish a government run medical college within the State; and 2) whether the perspective plan prepared by the University under the Act for educational development for the location of higher learning is binding on the State Government when the State Government resolves to set up a government run medical college within the State.

2. The aforesaid questions arose in the context of the decision taken on 30.8.2000 by the government of Maharashtra to set up a government medical college at Kohlapur. This decision of the government was challenged by the respondents through a Public Interest Litigation before the High Court of Bombay at Aurangabad. The challenge in the writ petition was, inter alia, on the ground that the State Government having not submitted any application to the University as required under Section 64 of the Act, the decision taken by the State Government to set up a government run medical college at Kohlapur is invalid, and, that the resolution of the State Government to set up government run medical college at Kohlapur being contrary to the perspective plan prepared by the University, the impugned decision was illegal. The High Court was of the view that the State Government having not submitted any application for permission of the State Government to the University for establishing a government run medical college at Kohlapur as required under Section 64 of the Act, the impugned decision of the government is invalid and further the decision of the State Government to set up a medical college at Kohlapur being contrary to the perspective plan prepared by the University which is binding on the State Government, the impugned decision suffers from legal infirmity. Consequently, the decision of the State Government to set up a government run medical college at Kohlapur was set aside and the writ petition was allowed. It is against the said judgment, the State of Maharashtra has preferred this appeal.

3. Coming to the first question, the setting up a medical college and the medical education in our country is governed by the Indian, Medical Council Act, 1956 and Regulations framed thereunder. In the year 1993, Section 10A, 10B and 10C were inserted in the Indian Medical Council Act by amending Act 31 of 1993. Sub-section (1) of Section 10A provides that no person shall establish a medical college or no medical college shall open a new or higher course of study or training or increase its admission capacity in any course of study or training except with the previous permission of the Central Government obtained in accordance with the provisions of the Act. Sub-section (2) thereof provides that every person or medical college desirous of opening a medical college shall submit to the Central Government a scheme in accordance with the provisions of the Act and the Central Government shall refer the scheme to the Medical Council for its recommendation. Sub-section (3) of Section 10A further provides that on receipt of a scheme by the Medical Council, the Council may obtain such other particulars as may be considered necessary by it from the person or the medical college concerned and thereafter it may consider the scheme, having regard to the factors referred to in sub-section (7), and submit the scheme together with its recommendations thereon to the Central Government. Sub-section (4) of Section 10A enables the Central Government either to approve or disapprove the scheme. Section 33 of the Act empowers the Medic

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2001 Supreme(SC) 1654

Cases Referred (3)