MAIN POINTS
The power of granting affiliation to colleges under the control of the concerned University, must vest with the respective University to which the college will be affiliated
Section 3(6a) of Act, 2006 is ultra vires Articles 14 and 19(1)(g) of the Constitution. Struck down.

JUDGMENT :

A.M. Khanwilkar, J.

1. This appeal emanates from the judgment of the High Court of Himachal Pradesh at Shimla dated 20.12.2016, passed in CWP No.4773 of 2015. The High Court dismissed the writ petition filed by the Appellants challenging the validity of Sections 3(6), 3(6a) and 3(6b) of the Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 (for short “2006 Act”) as amended vide amendment Act No.24 of 2015. The High Court also rejected the prayer of the Appellants to issue directions to the concerned authorities that the Appellant No.1 (college and hospital) or any other institution of medical stream to be started by the Appellants be governed only by The Maharishi Markandeshwar University (Establishment and Regulation) Act, 2010 (for short “2010 Act”).

2. Briefly stated, Appellant No.1 is an unaided private medical college established by the Appellant No.3 -University Trust as a constituent of the Appellant No.2 -University. The Appellant No.2 University has been established under the 2010 Act. Before the said Act was enacted, the sponsoring body of the Appellant No.3 University Trust had submitted a project report on 21.07.2008 under Section 4(2) of the Himachal Pradesh Universities Report (Establishment and Regulation) Act, 2006 for establishing a multi-faculty University with emphasis on professional courses in emerging areas. The State Government issued a letter of intent to the Appellant No.3 – University Trust dated 28.08.2008, for setting up of a private University within the State of Himachal Pradesh. The letter delineated certain conditions to be fulfilled by the Trust for setting up of a private University in the State. The Principal Secretary to the State Government then issued an “Essentiality Certificate” on 28.08.2008, permitting the Appellant No.3 – University Trust to purchase 25 acres of land for establishment of a medical college under the proposed private University. On the basis of the Essentiality Certificate, the Appellant No.3 -University Trust proceeded with the project to establish the medical college as a constituent unit of the proposed private University and made necessary investments in that regard. The Appellant No.3 University Trust purchased 125.02 bighas of land at Khalogra in Kumarhatti-Solan for setting up the proposed University. Having complied with the pre-conditions for establishment of the proposed University, the State Legislation enacted the 2010 Act to provide for establishment, incorporation and regulation of Maharishi Markandeshwar University, Solan, Himachal Pradesh for higher education, and to regulate its functioning and for matters connected therewith or incidental thereto. The 2010 Act received the assent of the Governor on 15.09.2010. The said Act, however, was deemed to have come into force w.e.f. 16.06.2010. The Appellant No.2 -University has thus been established under the 2010 Act.

3. On 27.07.2012, the Appellant No.2 -University requested the Principal Secretary (Health) to the Government of Himachal Pradesh for grant of an “Essentiality Certificate” to establish a new medical college at Kumarhatti, Solan “under” the Appellant No.2 – University, to be submitted to the Medical Council of India/Government of India. On 29.08.2012, the Secretary (Health) Government of Himachal Pradesh brought to the notice of the Director, Medical Education and Research, Himachal Pradesh, regarding the grant of approval of the State Government for issuing “Essentiality and Feasibility Certificate/No Objection Certificate” to the Appellant No.2 -University for opening the stated medical college and hospital at Kumarhatti in Solan for MBBS Course with 150 seats in the said institute. On issuance of “Essentiality and Feasibility Certificate/No Objection Certificate”, the Appellant No.3 University Trust applied to the Central Government along with required schemes under Section 10A of the Indian Medical Council Act, 1956, for