The Government's decision to convert Government Medical Colleges into Societies, transfer of management to Societies, and the formation and registration of Societies under the Societies Registration Act, 1860, were not valid and in accordance with the law.

( 1 ) THESE four writ petitions since raise common question of facts and law have been heard together and are decided by a common judgment. 1. Pursuant to Cabinet decision, the Government, by order dated 2-4-1998, directed to convert six Government Allopathic Medical Colleges into each individual autonomous Societies and to transfer of properties and equipments of Medical College to the corresponding Societies. Minister of Medical Education, in each Society has been nominated as Chairman of Board of Governors. Model bye-laws to be prepared by the Government, have to be adopted by the concerned Society. Accordingly, vide Circular dated 14-9-1998 model bye-laws were issued. On 17-10-1998 six Societies were independently registered under Societies Registration Act, 1860 (hereinafter referred to the Act ). These petitions have questioned validity, propriety and motivation of these decisions.

( 2 ) DURING the course of hearing, the learned Advocate General presented affidavit sworn by Shri Amarjit Deputy Secretary of Medical Education who has averred in paragraph 2 as thus :"that the Government has only entrusted the Management and user of its Medical Colleges property including equipment to the Societies for use by the respective Medical Colleges to be run by the said Societies. The ownership or interest in the property of the Government Medical Colleges is not transferred to the Societies nor is intended to be transferred to the Societies. The ownership of the properties of the Government Medical Colleges shall continue to remain vested in the State Government. "in view of the change in decision, challenge of the petitioner, which relates to competence of the Government under Article 298 of the Constitution, to the transfer of property of Government Medical Colleges to the Societies, does not survive.

( 3 ) THE learned Advocate General at the outset questioned locus of the petitioner to maintain the instant petition. According to him petitioner No. 1 in Civil Misc. Writ Petition No. 3604 of 1998 a Teachers Association, is not a registered organization. The organization cannot challenge the decision of the Government on behalf of the teachers. It is reported the U. P. Medical College Teachers Association (Writ Petition No. 2263 of 1999) is a registered organisation and other associations are its branches. The organization even if not registered, the members thereof are the members of the public. The decision under challenge is of vital and public importance. Public interest is substantially involved in the petitions. Even as teachers, they are substantially interested in Medical Education and academic affairs of the Colleges. Petitioner No. 1 organization and petitioner No. 2 as its president, therefore, can maintain the petitioners.

( 4 ) S/sri L. P. Naithani and Sunil Ambwani tried to urge that the decision to convert Government Medical Colleges into Society is violative of Article 21 of the Constitution. The Government under Article 47 has a primary duty to improve public health, which is an integral part of right to life of the member of public. The impugned decision, to convert Government Medical Colleges into Societies, therefore, violates Article 21 of the Constitution. By the impugned decision the management of the Medical Colleges along with the teaching hospitals are being transferred to the respective Societies. These institutions are not being withdrawn or closed down by the Government. As such it does not in any manner violate the right under Article 21 of the Constitution.

( 5 ) ACCORDING to the petitioner, the decision to convert Government Medical Colleges into Societies has been induced by mala fides. The only design, which is explicit, is to commercialize the Medical Education. Prevailing experience testifies that private Medical Colleges have become money-generating institutions. High rate of tuition fee, charging of capitation and extraction of donation somehow become the recognized and assur