2006 Supreme(AP) 81
Andhra Pradesh High Court
Judges : BILAL NAZKI, K.C.BHANU
Integrated Rural Health Women and Child education Development Society - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 01-28-06
Headnote:
Constitution of India - Medical council of India Regulations, 1999 - Civil Law - Object of development - Establishment of a medical college - Further submitted that to the best of the knowledge of petitioner, no notice was issued in terms of G. O. Ms. - Petitioner further stated that she came to know that Educational society, which had applied after the petitioner had applied, had been able to get a certificate, purporting it to be an essentiality Certificate - Certificate is questioned in the writ petition. It is submitted that the Certificate issued was illegal and contrary to the provisions of Medical council of India Regulations, 1999 and G. O. Ms. - Brief counter was filed by respondent No. 5, in which it was stated that the writ petitioner has not furnished any particulars whatsoever, about the nature of its legal personality - Secretary of the 5th respondent-Society further stated that his enquiries had revealed that there was no society in the name of integrated Rural health Women and Child Education development Society, either as a Registered body or as a Trust - Petitioner in the writ petition has not even stated whether the society was a registered Society or not and she had not furnished the particulars of its registration - Cause title and the affidavit were vague - Deponent of the affidavit has also not furnished any particulars about her address - Held Learned counsel for petitioner contends that Respondent No. 5 did not satisfy all these conditions, therefore, the Essentiality certificate granted to him should be quashed. It is not for this Court to enter into such a controversy. Respondent No. 5 has stated in his counter affidavit that the Essentiality certificate was granted to him after the facilities were inspected by a team appointed by the Government. If respondent No. 5 did not satisfy the conditions, the Medical Council of India undoubtedly will not grant permission to establish a college, as the ultimate authority to allow a college to be established, is the medical Council of India. Essentiality certificate granted by the State Government does not grant any right to respondent No. 5 to establish a college. It is only a formality and a step towards making an application to the Medical Council of India for grant of permission to establish a medical college - Also doubtful about the bonafides of the petitioner, as it has been contended specifically by respondent No. 5 in his counter affidavit that Smt. N. Renuka, who sworn in as Secretary of the petitioner-Society, is not Secretary of that Society and it has not even been controverted by the petitioner. For these reasons, we do not find merit in this writ petition, which is accordingly dismissed. No order as to costs.
( 1 ) THIS writ petition has been filed by a society through its Secretary. It is stated in the petition that the Society was established in the year 1993 with the object of development of health education among women. The Society is running Paramedical and health institutions in Andhra Pradesh. Object of the Society is to develop medical education. The Society is interested in starting a medical college in Ranga Reddy District and it was waiting for a notification with regard to the establishment of a medical college especially for women. As there was no notification issued by the Government, the Society submitted an application on 27-5-2003 addressed to the Principal secretary, Health, Medical and Family welfare Department. There was no response to the application, but the petitioner learnt that the Government was considering an application filed by one Dr. V. R. K. Educational society. The petitioner issued a notice on 25-1-2005 to the Government not to proceed in the matter in contravention of regulations of Medical Council of India and G. O. Ms. No. 250, dated 22-5-1992 and G. O. Ms. No. 128, dated 30-4-1998. The Government was also informed through the notice, about the judgment of Supreme Court in government of A. P. v. Medwin Educational society case. No reply was given to the notice.
( 2 ) IT is further submitted that to the best of the knowledge of petitioner, no notice was issued in terms of G. O. Ms. No. 250 or G. O. Ms. No. 128. The petitioner further stated that she came to know that Dr. V. R. K. Educational society, which had applied after the petitioner had applied, had been able to get a certificate dated 3-2-2005, purporting it to be an essentiality Certificate. This Certificate is questioned in the writ petition. It is submitted that the Certificate issued on 3-2-2005 was illegal and contrary to the provisions of Medical council of India Regulations, 1999 and g. O. Ms. Nos. 250 and 128.
( 3 ) AT the first instance, a brief counter was filed by respondent No. 5, in which it was stated that the writ petitioner has not furnished any particulars whatsoever, about the nature of its legal personality. The Secretary of the 5th respondent-Society further stated that his enquiries had revealed that there was no society in the name of integrated Rural health Women and Child Education development Society, either as a Registered body or as a Trust in Hyderabad or Ranga reddy Districts. The petitioner in the writ petition has not even stated whether the society was a registered Society or not and she had not furnished the particulars of its registration. The cause title and the affidavit were vague. The deponent of the affidavit smt. N. Renuka has also not furnished any particulars about her address - residential or official. It was contended that the writ petition had been filed only to harass respondent no. 5 and according to the information of respondent No. 5, the petitioner had been set up by one Sri Girinath, who is a Director of vignan Education Development Society, lawyerpet, Ongole, who has been fighting a litigation against M/s. Nimra Educational society, which was granted Essentiality certificate for starting a medical college at ongole. The said Society is affiliated to the 5th respondent, with some of the members of the Managing Committee being common. He has also stated in his affidavit that he was of the firm belief that the person who swore the affidavit filed in support of the writ petition does not exist and that he reserves his right to file a detailed counter affidavit after the petitioner discloses all the particulars.
( 4 ) WHEN this affidavit was filed, this Court passed an order on 17-3-2005. The Court granted time to the petitioner to file additional affidavit and asked the Secretary to be present in the Court. She appeared on 24-3-2005 and stated before the Court her address and further submitted that initially the Sdciety was registered as vivekananda Educational society unde