The State Of Maharashtra VS. Indian Medical Association & Ors

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The State Of Maharashtra VS. Indian Medical Association & Ors

CASE NO.: Appeal (civil) 6167 of 2001

PETITIONER: THE STATE OF MAHARASHTRA Vs.

RESPONDENT: INDIAN MEDICAL ASSOCIATION & ORS

DATE OF JUDGMENT: 06/12/2001

BENCH: V.N. Khare & B.N. Agrawal

JUDGMENT: V. N. KHARE, J.

This appeal which is directed against the judgment of Bombay High Court passed in the writ petition gives rise to following two questions for our decisions 1) whether the State Government is required to submit an application to the Maharashtra University of Health Sciences (hereinafter referred to 'the University') under Section 64 of the Maharashtra University of Health Sciences Act, 1998 (hereinafter referred to as the 'Act') for obtaining permission from itself, when it decides to establish a government run medical college within the State; and 2) whether the perspective plan prepared by the University under the Act for educational development for the location of higher learning is binding on the State Government when the State Government resolves to set up a government run medical college within the State.

The aforesaid questions arose in the context of the decision taken on 30.8.2000 by the government of Maharashtra to set up a government medical college at Kohlapur. This decision of the government was challenged by the respondents through a Public Interest Litigation before the High Court of Bombay at Aurangabad. The challenge in the writ petition was, inter alia, on the ground that the State Government having not submitted any application to the University as required under Section 64 of the Act, the decision taken by the State Government to set up a government run medical college at Kohlapur is invalid, and, that, the resolution of the State Government to set up government run medical college at Kohlapur being contrary to the perspective plan prepared by the University, the impugne...

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