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