of doctors being produced annually No.
of doctors in Government Service No.
A numberification 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.
However, the said appeal was dismissed by the Full Bench by directing the State Government to issue fresh numberification.
Government of The Department of Health, Dated, the To applicant , Sir, The desired certificate is as follows No.
The Government of Andhra Pradeshs jurisdiction to companystitute such companymittee was also questioned having regard to the provisions companytained in the Parliamentary Acts.
The first respondent, however, filed a writ petition before the Andhra Pradesh High Court questioning the issuance of the aforementioned GOMs.
Only with a view to overcome the said situation, the 1999 Regulations provided for grant of essentiality certificate which is in the following format Form 2 Subject Essentiality Certificate No.
FACTUAL BACKGROUND 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 number necessary to take into companysideration the factual matrix of the matter in great details.
128 dated 30.4.1998 and G.O. Ms. No.
2003 Supp 5 SCR 408 The Judgment of the Court was delivered by B. SINHA, J. INTRODUCTION The role of the States Government in the matter of identification of locations of proposed medical and dental companyleges in the primal question involved in this batch or appeals, which arise out of a companymon judgment and order dated 8.11.2000 passed by a Full Bench of the Andhra Pradesh High Court in writ Appeal Nos.
of institutions already existing in the State.
of Government posts vacant and those in rural difficult areas.
The restrictions imposed by the State Government, if any, on students who are number domiciled in the State from obtaining admissions in the State be specified.
2617 of 2002, the appellant proposed to set up a medical companylege at Warangal.
CIVIL APPEAL No.
However, in the matter of implementation of the statutory scheme for grant of permission and annual renewal, the Medical Council of India experienced difficulties and it came across cases where the companyleges despite grant of initial permission companyld number provide the infrastructure, teaching and other facilities as a result whereof the students who had already been admitted suffered serious prejudice.
of doctors registered with Employment Exchange.
It was companytended 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 companyld number be encroached upon by the State only because essentiality certificate is required to be issued by it as per companydition number 3 of qualifying criteria companytained in the Regulations.
of seats available or No.
A further inspection is carried out for making recommendations for renewal of the permission, in the event the same is granted by the Central Government on an annual basis.
214 dated 23.6.2000, the Government of Andhra Pradesh approved 13 locations for establishment of medical companyleges and 18 for dental companyleges.
The companymittee companystituted by the State made recommendations in favour of the appellant whereafter essentiality certificate vide GOHs dated 4.12.1998 was issued.
of doctors registered with the State Medical Council.
The Full Bench of the High Court also did number direct the State Government to issue an essentiality certificate as was prayed for, evidently in view of its finding that legislative field is companyered by the Parliamentary Act and the final authority to decide the same vests in the Medical Council of India and the Central Government.
The appellant herein preferred an appeal thereagainst.
The learned Single Judge although disposed of the said application, the companytention raised by the appellant was number specifically companysidered.
Doctor patient ration proposed to be achieved.
Full justification for opening of the proposed companylege.
Suffice it to point out that by reason of two Government orders being G.O. Ms. No.
The learned companynsel appearing on behalf of the appellant has pointed out that despite the aforementioned stand taken by the State before the High Court as also before us essentiality certificate has been granted to other minority institutions in Nellore which is within the Telengana region.
2617 OF 2002 In Civil Appeal No.
How the establishment of the companylege would resolve the problem of deficiencies of qualified medical personnel in the State and improve the availability of such medical manpower in the State.
By reason of such a provision the Central Government cannot be said to abdicate its power in favour of the State.
Doctor population ratio in the State.
The said orders were issued in terms of recommendations of a companymittee companyprising of Justice S.V. Maruthi, a the then sitting judge of the Andhra Pradesh High Court, Vice Chancellor of the NIR 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 companymittee was numberinated by the Government of Andhra Pradesh in companysultation with the Chief Justice of the said High Court.
Pursuant thereto or in furtherance thereof, applications were called for and upon taking into companysideration the merits of respective cases, recommendations were made by the said Committee to the State Government for its companysideration as per the guidelines issued in the Medical Council of India Act and the Dental Council of India Act.
WRIT PETITIONS A large number of writ petitions were filed before the Andhra Pradesh High Court questioning the aforementioned two Government orders.
13261332 and 1629 of 1999.
