Tamil Nadu   

Supreme Court to examine State Government's role

J. Venkatesan

Essentiality certificate for starting medical college Issues notice on an SLP filed by Deen Dayal Medical and Educational Trust against a Madras High Court verdict

NEW DELHI: The Supreme Court will examine the Tamil Nadu Government's role in issuing essentiality certificate indicating no objection to starting a medical college in the State.

A Bench of Justice B.N. Agrawal and Justice P.P. Naolekar, observing that the matter required examination, issued notice to the Tamil Nadu Government on a special leave petition filed by the Deen Dayal Medical and Educational Trust against a Madras High Court judgment.

The Bench issued notice after hearing senior counsel Harish Salve and counsel K.K. Mani on the questions involved for determination in the SLP.

In the SLP, chairman and managing trustee T.D. Naidu stated that deficiencies pointed out by the inspection committee in the medical college were rectified. A second committee inspected the college again and recommended to the Government to issue essentiality certificate. However, ignoring the recommendations, the Government ordered a fresh investigation into the alleged deficiencies. On a petition from the Trust, the Madras High Court upheld the Government action. The SLP is directed against this judgment.

The petitioner said the SLP raised important questions of law on whether the State Government could order fresh inspection after the earlier committee recommended that essentiality certificate could be issued after it was satisfied with the rectification of the deficiencies; whether the High Court failed to note that the Government could not keep on appointing committees, particularly after the last of such committee had given a clean chit for grant of essentiality certificate; and whether the Government action was highly arbitrary and vindictive.

Referring to the Government's stand that a fresh inspection was necessary because there was some suspicion in the grant of earlier report recommending grant of essentiality certificate, the petitioner said the Government had later clarified that the earlier committee was validly constituted and that it was considering grant of essentiality certificate. The High Court had failed to take note of this, the SLP said and sought quashing of the impugned judgment and a direction to grant essentiality certificate.

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