- (1.) INTRODUCTION The role of the State Government in the matter of identification of locations of proposed medical and dental colleges is the primal question involved in this batch of appeals, which arise out of a common judgment and order dated 8-11-2000 passed by a Full Bench of the Andhra Pradesh High Court in Writ Appeals Nos. 1326-1332 and 1629 of 1999. FACTUAL BACKGROUND
(2.) As the said question is required to be answered keeping in view interpretation of the provisions of the Medical Council of India Act, Dental Council of India Act and the Regulations framed thereunder, it is not necessary to take into consideration the factual matrix of the matter in great details. Suffice it to point out that by reason of two Government orders being G.O. Ms. No. 128 dated 30-4-1998 and G.O.Ms. No. 214 dated 23-6-2000, the Government of Andhra Pradesh approved 13 locations for establishment of medical colleges and 18 for dental colleges. The said order were issued in terms of recommendations of a committee comprising of justice S. V. Maruthi, a the then sitting judge of the Andhra Pradesh High Court, Vice-Chancellor of the NRT University of Health Sciences and the Director of Nizams Institute of Medical Sciences. The sitting judge of the Andhra Pradesh High Court as a Chairperson of the committee was nominated by the Government of Andhra Pradesh in consultation with the Chief Justice of the said High Court. A notification was issued in this behalf in terms whereof the said Committee became entitled to call for the applications and make recommendations to the State Government for granting essentiality certificates to the eligible applicants. Pursuant thereto or in furtherance thereof, applications were called for and upon taking into consideration the merits of respective cases, recommendations were made by the said Committee to the State Government for its consideration as per the guidelines issued in the Medical Council of India Act and the Dental Council of India Act. WRIT PETITIONS :
(3.) A large number of writ petitions were filed before the Andhra Pradesh High Court questioning the aforementioned two Government orders. In the writ petitions, inter alia, the question as regard the validity and legality of constitution of the said committee to go into the question of locations of medical or dental colleges was raised. The Government of Andhra Pradesh's jurisdiction to constitute such committee was also questioned having regard to the provisions contained in the Parliamentary Acts. It was contended that keeping in view the scheme of the Parliamentary Act together with the Regulations made thereunder, the Parliament having occupied and taken over the entire legislative field, the same could not be encroached upon by the State only because essentiality certificate is required to be issued by it as per condition No. 3 of qualifying criteria contained in the Regulations. It was urged that while granting an essentiality certificate, the State Government is concerned only with the question of desirability and feasibility of having the proposed medical colleges at the proposed locations but it cannot insist by way of policy decision or otherwise that the colleges should be located at particular places. JUDGMENT OF THE HIGH COURT :;