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"that Essentiality Certificate regarding the desirability and feasibility of having the proposed medical college at the proposed location has been obtained and that the adequate clinical material is available as per Medical Council of India requirements has been obtained by the applicant from the respective State Government or the Union Territory Administration."

A perusal of para 3 of the Regulation shows that it is mandatory on the part of an institution or a management desirous of establishing a medical college to obtain Essentiality Certificate from the respective State Government or the Union Territory Administration, as the case may be. The requirement of Essentiality Certificate provided under para 3 of the Regulation concerns with among other requirements the desirability of having the proposed medical college at the proposed location. The desirability of having medical college at the proposed location under para 3 of the Regulation is required to be decided by the State Government. Excepting the desirability of location of the proposed medical college and certificate that adequate clinical material is available as per Medical Council of India at the proposed medical college are to be decided by the State Government and all other aspects regarding establishment of a new medical college and imparting of the education therein are covered by the Central Act and Regulations framed thereunder. In other words, in the matter of establishment of a medical college and medical education the field, that is open where a State Government has any role to play is only in regard to decide the desirability of the location of the proposed medical college and grant of certificate that adequate clinical material is a available as per Medical Council at the proposed medical college. Thus, the State Government is the only authority under the Regulations to which we are concerned to decide the location of a new proposed medical college within the State. The State Government, therefore, is the only judge to decide where the proposed medical college is to be located. For that purpose, the State Government neither can delegate its function to any other authority nor can create a statutory authority under a State Act. If it does so, it would be repugnant to the Central Act. However, it is true that the State Government in order to maintain inter or intra regional imbalances within the State and to remove the chances of arbitrariness can lay down guidelines or prepare a perspective plan for its own guidance for selecting locations for a proposed new medical college within the State.

(6) No application shall be entertained directly by the Government for the grant of permission for opening a new college or institution of Health Sciences learning.

A perusal of Section 64 shows that it provides for procedure for obtaining permission by the State Government for setting up a new medical college and confers exclusive power on the State Government for grant of permission to a management to establish a new medical college. The power of the State Government to grant permission to set up a new medical college under Section 64 of the Act is substantially the power of the State Government to grant Essentiality Certificate to a management or an institution who intends to establish a new medical college at a proposed location. If Section 64 of the Act is read along with para 3 of the Regulations it would show that the requirement of Essentiality Certificate or approval by the State government is required when a private management or any other person other than the State government intends to set up a medical college. The State Government being the authority to accord approval for setting up a medical college within the State cannot apply to itself for grant of approval when it proposes to establish a new medical college within the State. It's decision to set up a government run medical college tantamounts to an approval or permission as contemplated under Section 64 of the Act and grant of Essentiality Certificate to the extent of location of the proposed medical college which is required to be furnished under para 3 of the Regulation. The language of Section 64 is plain and simple. The expression 'management' occurring in Section 64 shows that it refers to a private management other than the State Government when it seeks permission of the State Government to open a new medical college within the State. .

- one for the State Government and the other for private management. But the compliance of requirement of law either by a private management or by the State Government depends upon the object and purpose for which legislature has enacted the law. If viewed in this light, it is manifest that anyone else excepting the State Government or Union Territory, desirous of setting up a new medical college, is required to obtain Essentiality Certificate from the State Government as regards the desirability of proposed location where the medical college is intended to be established. It is within the exclusive domain of the State Government to approve the proposed location where the new medical college is to be established. Similarly, under Section 64 of the Act, it is the State Government who has exclusive power to grant or refuse permission to set up a new medical college. The grant of approval or permission as contemplated under Section 64 of the Act is nothing but substantially a grant of Essentiality Certificate under para 3 of the Regulations in so far it relates to location of the proposed medical college. The State Government while granting an Essentiality Certificate or permission to establish a new medical college acts as a sovereign and discharges its constitutional obligation. In this context, if the argument of learned counsel for the appellant is accepted, it would mean the State government is required to apply to itself for permission when it decides to set up a new government run medical college when the State Government is the only authority to grant permission to set up a new medical college at a proposed location. Further, the argument that the State Government when it decides to set up a new government run medical college is required to submit an application to the University for grant of permission by the State Government would be repugnant to the object behind para 3 of the Regulations and legislative intent for which Section 64 of the Act has been enacted.

We shall now examine Section 64 of the Act for the purpose whether the perspective plan prepared by the University is binding on the State Government when it resolves to set up a government run medical college within the State in light of provisions of the Act stated hereinbefore and other relevant provisions.

The aforesaid noted provisions of the Act show that the State Government exercises considerable control over the running of the affairs of the University and inasmuch as the University is prohibited from framing any statutes laying down the qualifications, recruitment, terms of office and conditions of service of employees and officers of the Government run institutions. We have already held in preceding paragraphs of this judgment that the defined meaning of the expression 'management' cannot be assigned to the expression 'management' occurring in Section 64 of the Act and as and when the State Government decides to set up a government run medical college, it is not required to submit any application to the University for grant of permission by itself. We have also held that under para 3 of the Regulation the State Government is not required to grant Essentiality Certificate to itself and its decision to set up a government run medical college at a proposed location substantially is an Essentiality Certificate to the extent it relates to the proposed location of the medical. In that view of the matter, the perspective plan prepared by the University under the Act is binding on the State Government qua those who are applicants for grant of permission to open a new medical college under Section 64 of the Act. The State Government being not an applicant for grant of permission under section 64 of the Act, the perspective plan prepared by the University is not binding on it when it takes a decision to establish a new Government medical college. However, the perspective plan prepared by the University may not strictly binding on the State Government when it decides to set up its own medical college, but such a perspective plan serves as a guideline indicating therein the desirability of setting up a medical college by the State Government in a particular region or area on account of either its backwardness or lack of medical facilities in that region or area. Such a guideline helps the State Government in finding out locations when it decides to set up a medical college within the State in three ways. Firstly, such a guideline excludes the possibility of an element of arbitrariness in determining the location of the proposed medical college; secondly, it helps the State Government while arriving at a decision of desirability of having a medical college in a particular area or region on account of its backwardness or lack of medical facilities and thirdly, such a guideline would also be in a true spirit of Article 371 (2) (c) of the Constitution if it is held that Article 371 (2) (c) is applicable to the medical education also. The State Government is expected to comply with the perspective plan as far as possible. However, any single deviation from such a guideline by the State Government when it decides to set up its own medical college within the State would not make its decision invalid. In any case, in the present case, we do not find any deviation from the perspective plan prepared by the University. The recommendations of the perspective plan for the year 2000- 2001 are thus: