Tarlok Singh Chauhan, J.

This instant writ petition has been filed with the following substantive prayers:

(i) To issue a writ in the nature of mandamus or any other appropriate writ, direction or order striking down sections 3 (6), 3 (6) (a) and 3 (6) (b) of the Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 as amended vide Amendment Act No. 24 of 2015 as null and void being wholly arbitrary, grossly malafide, in contravention of the law settled by the Hon’ble Supreme Court and in naked breach of the fundamental rights of the petitioners under Article 19 (1) (g) of the Constitution of India.

(ii) To issue the orders of appropriate nature that the petitioner No.1 MM Medical College and Hospital or any other intuitions of Medical Streams which may be started by petitioners be governed by the MMU (E&R) Act.”

2. It is vide notification dated 30.9.2015 that the State Government amended the Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 (Act No. 24 of 2015). The amendment carried in section 3 reads thus:

3. Amendment of section 3.- In section 3 of the principal Act, for sub-section (6), the following sub-section shall be substituted, namely:-

“(6) If the State Government is satisfied that the institution affiliated to the Himachal Pradesh University or any other University has contravened any of the provisions of this Act, it may recommend to that University for withdrawal of recognition or affiliation of such institution.

(6-a) In order to insure common standards for maintaining the excellence of Medical Education in the State, the Himachal Pradesh University shall have the exclusive power to affiliate Private Medical Education Institutions set up in the State; and

(6-b) Notwithstanding anything contained in this Act, the Private Medical Educational Institutions shall be bound to comply with all the rules, directions and notifications issued by the State Government, from time to time, and provide all such facilities and assistance as are required to implement such rules, directions and notifications.”

3. However, at the time of arguments, the petitioners have confined their arguments only to the amendment carried in sub-section (6-a) of section 3.

4. One of the moot questions that therefore arises for consideration in the instant petition is as to which authority has the power to decide regarding the affiliation of Medical College. Is it the Central Government through MCI or the State Government or is the petitioner-college, which is alleged to be constituent of Maharishi Markandeshwar University established under the Maharishi Markandeshwar University (Establishment and Regulation) Act, 2010, that can decide this question?

However, before answering the question certain facts, as pleaded may be recapitulated:

5. The petitioner No.1 is an unaided private college established by the petitioner No.3-Maharishi Markandeshwar University Trust (for short ‘University Trust’) and is a constituent of petitioner No.2 Maharishi Markandeshwar University (for short University).

6. The University was set up pursuant to letter of intent issued by the State Government on 20.8.2008 under section 5 (1) of the Himachal Pradesh Private Universities (Establishment and Regulations) Act, 2006 ( for short ‘Private University Act’).

7. The petitioner-trust was issued an essentiality certificate by the State for establishment of a Medical College, subject to its observing all codal formalities as per law/prevailing Act/Rules/Instructions and it was further made clear that the Trust would abide by the ‘Private University Act’.

8. The petitioner-University after obtaining the essentiality certificate purchased 125.02 bighas of land at Khalogra in Kumarhatti-Solan contiguous to the land purchased by it for setting up the petitioner-University. On 16.6.2010, the Maharishi Markandeshwar University (Establishment and Regulation) Act, 201