Top court strikes down law on HPU affiliation

Satya Prakash

Tribune News Service

New Delhi, April 29

The Supreme Court has declared as unconstitutional a 2006 law enacted by the Himachal Pradesh Assembly that made it mandatory for all private medical institutions in the state to take affiliation from Himachal Pradesh University (HPU).

The verdict came on an appeal filed by Maharishi Markandeshwar University (MMU), Solan — set up in 2010 — that it was being forced to get affiliation for its Maharishi Markandeshwar Medical College and Hospital (MMMCH), Kumarhatti, from HPU.

The Medical Council of India had in 2013 granted permission to MMMCH but the state insisted that it must get affiliation from HPU.

A three-Judge Bench headed by Justice Dipak Misra struck down Section 3(6a) of the Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006, which conferred exclusive powers on HPU to affiliate private medical educational institutions in the state.

“We have no hesitation in taking the view that the amended provisions, in particular Section 3(6a), would impinge upon the autonomy of an independent university established under a separate state legislation,” said the Bench, that also comprised Justices AM Khanwilkar and MM Shantanagoudar.

The top court allowed MMU’s appeal against a Himachal Pradesh High Court verdict that upheld the controversial provision. It directed the regulatory authorities to proceed “forthwith” without insisting for affiliation of MMMCH from HPU. Writing the judgment for the Bench, Justice Khanwilkar said: “The amended provisions of Section 3 (6a) of the 2006 Act cannot be sustained as the same are unreasonable, irrational and in conflict with the special state legislation under which the appellant No.2 (MMU) has been established, namely the 2010 Act.”

“It is incomprehensible that a college (MMMCH), which is a constituent of the appellant No. 2, can be compelled to take affiliation from some other university (HPU) by taking recourse to the provisions of the 2006 Act, which primarily deals only with the subject of admissions and fees in private medical colleges within the state,” the Bench said.