The judgment establishes that the State Government's role in issuing the Essentiality Certificate for establishing a new medical college is limited to verifying the qualifying criteria, and the presence of the actual number of patients at the time of inspection is not a requirement for issuing the Essentiality Certificate.

B. Subhashan Reddy, C.J.

1. The respondent is an educational trust and is already running Meenakshi Ammal Dental College, Meenakshi College of Nursing, Meenakshi College of Physiotheraphy, Meenakshi College of Occupational Therapy, Arulmigu Meenakshi Amman College of Engineering, Vadamavandal, Meenakshi College of Engineering, Uthiramerur, Meenakshi Arts and Science College for Women, Uthiramerur, Meenakshi Ammal Polytechnic, Meenakshi Ammal Industrial Training Institute and Meenakshi Ammal Matriculation School.

2. Intending to establish a medical college under the name and style of, ‘Meenakshi Medical College and Research Institute’, the respondent applied on 23.10.1997 to the appellants for the grant of Essentiality Certificate at Enathur near Kancheepuram, Tamil Nadu. There was a long delay in processing the application and to expedite the same, the respondent filed W.P. No.6755 of 1998 and by order dated 19.5.199 8, a learned single Judge of this Court directed the appellants to inspect and pass orders stipul ating a time of one month. The inspection report was submitted on 31.12.1998 to the appellants but no action was taken pursuant thereto by the appellants, which necessitated the respondent to file W.P. No.18739 of 1999. While the writ petition was pending, the appellants passed order dated 1.2.2000 refusing to issue the Essentiality Certificate which resulted in the respondent filing W.P. No.4302 of 2000.

3. The appellants contested the writ petitions on the ground that the norms set for issuance of Essentiality Certificate were not met by the respondent and as such, there is no cause for the latter to complain. Disagreeing with the stand of the appellants, a learned single Judge by judgment dated 29.8.2001, had issued directions to the appellants to issue the Essentiality Certificate to the respondent enabling the latter to proceed further to obtain the necessary permission from other authorities and particularly Medical Council of India. A time of 60 days from the date of the receipt of the order was set but the same has not been complied with by the appellants. But the latter, instead, filed the instant writ appeals.

4. The matter is governed by the Medical Council Act, 1956, which is hereinafter referred to as the Act. In exercise of the power conferred under Section 10-A read with Section 33 of the Act, Regulations have been framed titled, ‘Establishment of New Medical Colleges, Opening of Higher Courses of Study and Increase of Admission Capacity in Medical Colleges Regulation, 1993’. The same was superseded by the subsequent Regulation viz., ‘Establishment of Medical Colleges Regulations, 1999’. Under Regulation 2 (3) thereof, obtaining Essentiality Certificate from the State Government is a requirement in order to apply for permission to establish a Medical College.

5. In the matter relating to the grant of permission to set up new medical colleges, the role of the State Government vis-?is that of the Central Government and the Medical Council of India was the subject matter of adjudication in Thirumuruga Kirupananda Variyar Thava Thiru Sundara Swamigal Medical Education and Charitable Trust v. The State of Tamil Nadu and others, 1996 (3) S.C.C. 15. In the said case, the State Government took a stand that in view of the Proviso to sub-section (5) of Section 5 of the Medical Universities Act, inserted by the State Act, no college can be affiliated to the University unless the permission of the Government to establish such college has been obtained and the terms and conditions, if any, for such permission have been complied with. This claim was tested on the touchstone of Section 10-A, which has been incorporated in the Indian Medical Council Act, 1956, by a later amendment. Interpreting the provisions relevant on the subject in the context of the legislative power conferred by Entry 25 of List III of Schedule VII of the Constitution, it was held by the Supreme Court that the State Government have go