An Essentiality Certificate for establishing a medical college can only be revoked by the State under clear conditions of fraud or if the foundational requirements for its issuance no longer exist.

JUDGMENT :

DHIRAJ SINGH THAKUR, CJ.

W.P. No.4484 of 2019 has been filed challenging the action of the Government in cancelling the Essentiality Certificate, which was issued on 30.09.2013, in favour of the petitioner for establishment of a medical college in the name and style of 'RVS Institute of Medical Sciences' in Chittoor District, by its order, dated 27.03.2019.

W.P. No. 2212 of 2019 has been filed challenging the letter, dated 05.02.2019, issued by the Special Chief Secretary, wherein the petitioner was called upon to show cause as to why the Essentiality Certificate should not be cancelled.

W.P. No. 7619 of 2019 has been filed challenging the proceedings, dated 20.05.2019, issued by the Board of Governors (in supersession of MCI) treating the petitioner institution as a closed medical college and requesting further action, as arbitrary, illegal.

W.P. No. 6748 of 2019 has been filed challenging the letter, dated 08.05.2019, issued by the Medical Council of India (for short, “MCI”), rejecting the petitioners' request for annual inspection of their Medical College, as arbitrary and illegal.

W.P. No. 5949 of 2019 has been filed challenging the condition imposed in proceedings, dated 03.12.2018, issued by MCI, making withdrawal of the Essentiality Certificate a prerequisite for adjusting students.

Aggrieved of the orders passed in appeal upholding the order of disapproval, dated 04.07.2024, recorded by the National Medical Commission (for short, “NMC”), writ petition bearing No. 22536 of 2024 has been filed.

2. The regulation of medical education in the country was earlier governed by the Indian Medical Council Act, 1956 (hereinafter referred to as “the Act”). However, with effect from 26.09.2018, the Board of Governors was appointed in supersession of the MCI. Subsequently, after coming into effect of the NMC Act, 2019, on 25.09.2020, the NMC replaced the Board of Governors as the Apex regulatory body.

3. The Indian Medical Council Act, 1956, inter alia deals with the issue of establishment of a new medical college. Regulations have been framed in terms of Section 10A r/w Section 33 of the Indian Medical Council Act, 1956, and are called “the Establishment of Medical College Regulations, 1999”.

4. Section 10A of the Act inter alia envisages that no person shall establish a medical college except with the previous permission of the Central Government. Section 10A(2) of the Act envisages that for purposes of obtaining permission under Section 10A(1), a scheme shall have to be submitted to the Central Government and that the Central Government shall refer the scheme to the council for its recommendations. The scheme to be submitted to the Government has to be submitted in a prescribed form i.e., Form-I, as per regulations, which have been framed in accordance with the powers conferred under Section 10A r/w 33 of the Act.

According to the regulations, in particular, regulation No.3, an Essentiality Certificate in Form-2 is required reflecting no objection of the State Government/Union Territory for establishment of the proposed medical college at the proposed site.

For purposes of clarity, regulation 3 of 1999 is reproduced hereunder:

“3. The establishment of a medical college – No person shall establish a medical college except after obtaining prior permission from the Central Government by submitting a Scheme annexed with these regulations.”

5. It appears from the record that the Essentiality Certificate was issued in favour of the petitioner. The contents whereof read as under: