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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5198 OF_2017

(Arising out of SLP (Civil) No. 9837 of 2017)

Maharishi Markandeshwar Medical

…. Appellants

College and Hospital & Others.

Versus

State of Himachal Pradesh & Others. .... Respondents

J U D G M E N T

A.M.KHANWILKAR, J.

1.

This appeal emanates from the judgment of the High Court of

Himachal Pradesh at Shimla dated 20.12.2016, passed in CWP

No.4773 of 2015. The High Court dismissed the writ petition filed

by the Appellants challenging the validity of Sections 3(6), 3(6a) and

3(6b) of the Himachal Pradesh Private Medical Educational

Institutions (Regulation of Admission and Fixation of Fee) Act, 2006

(for short “2006 Act”) as amended vide amendment Act No.24 of

Digitally signed by

GULSHAN KUMAR

ARORA

Date: 2017.04.28

16:59:02 IST

Reason:

Signature Not Verified

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2015. The High Court also rejected the prayer of the Appellants to

issue directions to the concerned authorities that the Appellant

No.1 (college and hospital) or any other institution of medical

stream to be started by the Appellants be governed only by The

Maharishi Markandeshwar University (Establishment and

Regulation) Act, 2010 (for short “2010 Act”).

2.

Briefly stated, Appellant No.1 is an unaided private medical

college established by the Appellant No.3 - University Trust as a

constituent of the Appellant No.2 - University. The Appellant No.2 -

University has been established under the 2010 Act. Before the said

Act was enacted, the sponsoring body of the Appellant No.3 -

University Trust had submitted a project report on 21.07.2008

under Section 4(2) of the Himachal Pradesh Universities Report

(Establishment and Regulation) Act, 2006 for establishing a

multi-faculty University with emphasis on professional courses in

emerging areas. The State Government issued a letter of intent to

the Appellant No.3 – University Trust dated 28.08.2008, for setting

up of a private University within the State of Himachal Pradesh. The

letter delineated certain conditions to be fulfilled by the Trust for

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setting up of a private University in the State. The Principal

Secretary to the State Government then issued an “Essentiality

Certificate” on 28.08.2008, permitting the Appellant No.3 –

University Trust to purchase 25 acres of land for establishment of a

medical college under the proposed private University. On the basis

of the Essentiality Certificate, the Appellant No.3 - University Trust

proceeded with the project to establish the medical college as a

constituent unit of the proposed private University and made

necessary investments in that regard. The Appellant No.3 -

University Trust purchased 125.02 bighas of land at Khalogra in

Kumarhatti-Solan for setting up the proposed University. Having

complied with the pre-conditions for establishment of the proposed

University, the State Legislation enacted the 2010 Act to provide for

establishment, incorporation and regulation of Maharishi

Markandeshwar University, Solan, Himachal Pradesh for higher

education, and to regulate its functioning and for matters

connected therewith or incidental thereto. The 2010 Act received

the assent of the Governor on 15.09.2010. The said Act, however,

was deemed to have come into force w.e.f. 16.06.2010. The

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Appellant No.2 - University has thus been established under the

2010 Act.

3.

On 27.07.2012, the Appellant No.2 - University requested the

Principal Secretary (Health) to the Government of Himachal Pradesh

for grant of an “Essentiality Certificate” to establish a new medical

college at Kumarhatti, Solan “under” the Appellant No.2 –

University, to be submitted to the Medical Council of

India/Government of India. On 29.08.2012, the Secretary (Health)

Government of Himachal Pradesh brought to the notice of the

Director,