{"id":147350,"date":"1986-04-24T00:00:00","date_gmt":"1986-04-23T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/a-p-christians-medical-vs-government-of-andhra-pradesh-anr-on-24-april-1986"},"modified":"2017-10-16T21:39:41","modified_gmt":"2017-10-16T16:09:41","slug":"a-p-christians-medical-vs-government-of-andhra-pradesh-anr-on-24-april-1986","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/a-p-christians-medical-vs-government-of-andhra-pradesh-anr-on-24-april-1986","title":{"rendered":"A.P. Christians Medical … vs Government Of Andhra Pradesh & Anr on 24 April, 1986"},"content":{"rendered":"
Supreme Court of India<\/div>\n
A.P. Christians Medical … vs Government Of Andhra Pradesh & Anr on 24 April, 1986<\/div>\n
Equivalent citations: 1986 AIR 1490, \t\t 1986 SCR (2) 749<\/div>\n
Author: O C Reddy<\/div>\n
Bench: Reddy, O. Chinnappa (J)<\/div>\n
           PETITIONER:\nA.P. CHRISTIANS MEDICAL EDUCATIONAL SOCIETY ETC.\n\n\tVs.\n\nRESPONDENT:\nGOVERNMENT OF ANDHRA PRADESH & ANR.\n\nDATE OF JUDGMENT24\/04\/1986\n\nBENCH:\nREDDY, O. CHINNAPPA (J)\nBENCH:\nREDDY, O. CHINNAPPA (J)\nOZA, G.L. (J)\nSINGH, K.N. (J)\n\nCITATION:\n 1986 AIR 1490\t\t  1986 SCR  (2) 749\n 1986 SCC  (2) 667\t  1986 SCALE  (1)895\n CITATOR INFO :\n D\t    1987 SC2305\t (13)\n R\t    1992 SC1926\t (6)\n\n\nACT:\n     Constitution  of\tIndia,\tArt.   30(1)  -\t Educational\ninstitutions  -\t  Right\t of   minorities  to  establish\t and\nadminister -  Court's right  to pierce\t'minority  veil'  to\nascertain exact nature of the institution.\n\n\n\nHEADNOTE:\n     The  appellant,  a\t registered  society,  purported  to\nestablish and  administer a  medical college  as a Christian\nminorities' educational\t institution in\t Andhra Pradesh. The\npolicy of the Government of India and the Medical Council of\nIndia was not to permit the opening of new medical colleges.\nIt was,\t however, open to private organisations to establish\ncolleges of higher education which could seek affiliation to\nuniversities in\t whose jurisdiction  they were located. Such\ncolleges could offer courses leading to degrees only if they\nwere affiliated to a university.\n     One of  the requirements  of affiliation  of a  medical\ncollege with  the Osmania  University was the existence of a\nfull fledged  hospital with  at least  700 beds,  a  regular\noutpatient department,\twell equipped  laboratories, lecture\nhalls, demonstration  rooms, etc. and hostel for students or\nin the\talternative provision  of funds to the tune of about\nrupees twenty  five crores, permission letter from the State\nGovernment to  start the  medical college,  and a government\norder indicating  that the  bye-laws of\t the management have\nbeen registered\t as minority institution and accepted by the\nGovernment as such.\n     The  appellant   society  could  not  fulfil  a  single\ncondition,  apart  from\t appointing  someone  as  principal.\nNeither the  memorandum of  association nor  the articles of\nassociation made  reference to\tany amount  of\tcorpus\twith\nwhich the  society and the college proposed to be founded by\nit were\t to be\tfinanced initially. It did not own any land,\nand it\thad no\tsupport of  the\t Church\t either.  While\t its\napplication for\n750\naffiliation was\t pending with  the  University\tit  admitted\nstudents to  the first\tyear of\t the  MBBS  course,  despite\nstrong protests\t voiced and  several warnings  issued by the\nUniversity.\n     On May  23, 1985  the University  wrote to\t the Society\nthat it\t was necessary to obtain the permission of the State\nGovernment and\tthe Medical  Council of\t India in  order  to\nstart a\t medical college. The society was also informed that\ntheir action  in admitting  students in\t the first year MBBS\ncourse was  highly irregular  and illegal and that it should\ncancel the  admissions so  made, and  that attendance at the\ninstitutions  not   affiliated\tto   or\t recognised  by\t the\nUniversity would  not qualify  a candidate  for admission to\nany examination conducted by the University.\n     On July  24, 1985\tthe State  Government  informed\t the\nsociety that  permission to  start a private medical college\ncould not be granted. The society thereupon filed a petition\nin the\tHigh Court  seeking a  writ under  Art. 226  of\t the\nConstitution  to   quash  the  refusal\tand  to\t direct\t the\nGovernment to  grant permission\t and the University to grant\naffiliation. The  petition was\tdimissed in limine observing\nthat there  were no  circumstances to justify compelling the\nGovernment to grant permission to the society to start a new\nmedical college\t in view  of the  restrictions placed  by an\nexpert body  like the  Medical\tCouncil\t of  India  that  no\nfurther medical college should be started.\n     In the  appeal by\tspecial leave, it was contended that\neven a single individual belonging to a minority could found\na minority  institution and had the right so to do under the\nConstitution, and  neither the Government nor the University\ncould deny  the society's  right  to  establish\t a  minority\ninstitution, though  they may  impose regulatory measures in\nthe interests  of uniformity,  efficiency and  excellence of\neducation.\n     In the  writ petition  filed by  some of  the  students\nadmitted into the MBBS Course by the Society, it was pleaded\nthat the  interests of\tstudents should\t not  be  sacrificed\nbecause of  the conduct or folly of the management, and that\nthey  should  be  permitted  to\t appear\t at  the  university\nexamination,   notwithstanding\t  the\tcircumstances\tthat\npermission and\taffiliation had\t not  been  granted  to\t the\ninstitution.\n751\n     Dismissing the appeal and the writ petition, the Court\n^\n     HELD :  1.(i) The\tCourt has  the\tundoubted  right  to\npierce the  'minority veil'  and discover  whether there  is\nlurking behind\tit no  minority at  all and  in any case, no\nminority institution. [762 C-D]\n     1.(ii) What is important and what is imperative is that\nthere must  exist some\treal positive  index to\t enable\t the\ninstitution to\tbe identified  as an educational institution\nof the\tminorities. The object of Art. 30(1) is not to allow\nbogies to be raised by pretenders but to give the minorities\na sense\t of security and a feeling of confidence, not merely\nby guaranteeing the right to profess, practise and propagate\nreligion to  religious minorities  and the right to conserve\ntheir language, script and culture to linguistic minorities,\nbut also  to enable all minorities, religious or linguistic,\nto establish  and  administer  educational  institutions  of\ntheir  choice.\t These\tinstitutions   must  be\t educational\ninstitutions of\t the minorities in truth and reality and not\nmere masked phantoms. [762 H; D-F]\n     In the  instant case,  the claim  of the  appellant  to\nstart a\t minority educational  institution was\tno more than\nthe merest  pretence. Apart  from the half a dozen words \"as\nthe Christian minorities educational institutions\" occurring\nin  one\t  of  the  objects  recited  in\t the  memorandum  of\nassociation, there was nothing whatever to justify the claim\nof the\tsociety that the institutions proposed to be started\nby it were intended to be minority educational institutions.\nThese words were added merely to found a claim on Art. 30(1)\nand for\t no other purpose. They were a smoke screen. [763 A-\nC]\n     2.(i) Many,  many conditions had to be fulfilled before\naffiliation could  be granted  by the  University.  Yet\t the\nsociety launched into the venture without fulfilling any one\nof them beyond appointing someone as Principal. No one could\nhave imagined  that a medical college would function without\na  teaching   hospital,\t without  the  necessary  scientific\nequipment,  without   the  necessary   staff,  without\t the\nnecessary buildings  and without  the necessary\t funds. Yet,\nthat is what the society did or pretended to do. [761 E-G]\n752\n     2.(ii) The\t establishment of  a medical  college in the\ninstant case  was in the nature of a financial adventure for\nthe  society  with  a  view  to\t make  money  from  gullible\nindividuals anxious  to\t obtain\t admission  to\tprofessional\ncollegiate courses.  It was  nothing but  a daring imposture\nand skulduggery.  The Court  cannot, therefore, confer on it\nthe status and dignity of a minority institution. [761 G-H]\n     3. The  admission of  students into the first year MBBS\ncourse was  in defiance\t of the\t conditions laid down by the\nUniversity. It\twas audacious since the society had no right\nto admit  any student without first getting affiliation from\nthe University\tfor the\t so-called medical  college.  By  so\ndoing, the  Society had\t perpetrated a huge hoax on innocent\nboys and girls. [758 E-G]\n     4. The  Court cannot  by its fiat direct the University\nto permit  the students\t to appear  in the  examination\t and\nthereby disobey the statute, to which it owes its existence,\nand the\t regulations made  by the  University  itself.\tThat\nwould be destructive of the rule of law. The students sought\nand obtained  admission in  the college despite the warnings\nissued by  the University  from time  to time.\tThat is\t the\nsituation which\t they have  brought upon themselves and they\nare themselves to blame. The University acted watchfully and\nwakefully, issuing timely warnings. [764 E; G-H; 765 A-B]\n\n\n\nJUDGMENT:\n<\/pre>\n
     CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5497 of
\n1985.\n<\/p>\n
     From the Judgment and Order dated 17th October, 1985 of
\nthe Andhra Pradesh High Court in W.P. No. 11924 of 1985.\n<\/p>\n
\t\t\t    WITH
\n\t  Writ Petition (Civil) No. 12929 of 1985.\n<\/p>\n
      (Under Article 32 of the Constitution of India.)
\n     S. Krishnan,  J.B. Dadachanji,  Mrs. A.K.\tVerma,\tJoel
\nPeres and  Ms. Lira  Goswami,  for  the\t Appellant  in\tC.A.
\n5497\/85.\n<\/p>\n
     K.K. Venugopal,  S.S. Krishna,  J.B.  Dadachanji,\tMrs.
\nA.K.  Verma,   Joel  Perses,   Ms.  Lira  Goswami,  for\t the
\nPetitioners in W.P. No. 12929\/85.\n<\/p>\n
753<\/span><\/p>\n
     T.S. Krishnamurthy,  H.S. Gururaj,\t S.  Markandeya,  K.
\nRamkumar and K. Ram Mohan for the Respondents.\n<\/p>\n
     B.P. Singh,  Ranjit Kumar\tand Harbans  Singh  for\t the
\ninterveners.\n<\/p>\n
     The Judgment of the Court was delivered by
\n     CHINNAPPA REDDY,  J. A  brazen and bizarre exploitation
\nof the\tnaive  and  foolish,  eager  and  ready-to-be-duped,
\naspirants for  admission to professional collegiate courses,
\nbehind the  smoke screen  of the  right of the minorities to
\nestablish and  administer educational  institutions of their
\nchoice –  is what  this case  is about.\t A  society  styling
\nitself as  the ‘Andhra Pradesh Christian Medical Educational
\nSociety’ was registered on August 31, 1984. The first of the
\nobjectives mentioned in the memorandum of association of the
\nsociety was,  “to establish, manage and maintain educational
\nand other  institutions and impart education and training at
\nall stages,  primary, secondary,  collegiate,  Post-graduate
\nand  doctoral,\t as  a\t Christian  Minorities’\t Educational
\nInstitutions.” Another\tobject was  “to promote,  establish,
\nmanage and  maintain Medical colleges, Engineering colleges,
\nPharmacy colleges,  Commerce, Literature,  Arts and Sciences
\nand Management\tcolleges and  colleges in other subjects and
\nto  promote   allied  activities  for  diffusion  of  useful
\nknowledge and training.”Other objects were also mentioned in
\nthe Memorandum\tof Association.\t All that  is  necessary  to
\nmention here  is that  none of\tthe objects,  apart from the
\nfirst  extracted   object,  had\t anything  to  do  with\t any
\nminority. Even the first mentioned object did not specify or
\nelucidate what was meant by the statement that education and
\ntraining at  all stages\t was proposed  to be imparted in the
\ninstitutions  of  that\tsociety\t “As  Christian\t Minorities”
\nEducational  Institutions’.   Apparently  the  wrods  “as  a
\nChristian minorities’  educational institutions”  were added
\nin  order   to\tenable\tthe  society  to  claim\t the  rights
\nguaranteed by  Art. 30(1)  of the  Constitution and  for  no
\nother purpose.\tThis will  become clearer  and clearer as we
\nnarrate further facts.\n<\/p>\n
     It is  also worthy\t of note that neither the memorandum
\nof association\tnor the\t articles of  association  make\t any
\nreference to any amount of corpus with which the society and
\nthe institutions  proposed to  be founded  by it  were to be
\nfinanced
\n754<\/span>
\ninitially. It was admitted before us in answer to a question
\nby us  to the learned counsel for the appellant-society that
\nthe society  had no  funds of  its own\tapart from  what was
\ncollected from the students.\n<\/p>\n
     On August 27, 1984, one Professor C.A. Adams was one of
\nthe signatories\t to the\t memorandum of\tassociation  of\t the
\nsociety, claiming  also to be the President of a self-styled
\nNational Congress  of Indian Christian addressed a letter to
\nSmt. Indira Gandhi, late Prime Minister of India, requesting
\nthat the  Central Government  may grant\t them permission  to
\nestablish a  Central Christian University of India in Andhra
\nPradesh, where\tChristian children  would be  provided\twith
\nfacilities for\teducation in arts, sciences, engineering and
\ntechnological  courses,\t  medicine,  law   and\t theological
\ncourses.  The  Petitions’  officer  attached  to  the  Prime
\nMinister’s office  informed Prof.  Adams that his letter had
\nbeen forwarded\tto the Ministry of Education and Culture for
\nfurther action.\t On September 20, 1984, the Deputy Secretary
\nto the\tGovernment  of\tIndia,\tMinistry  of  Education\t and
\nCulture wrote  to the President, National Congress of Indian
\nChristians to  the effect  that universities  could only  be
\nestablished  under   Acts  of\tParliament   or\t  of   State
\nLegislatures and there was, therefore, no question of giving
\npermission to  any organisation\t to establish  a university.
\nHowever, it  was pointed  out that  it was  open to  private
\norganisations to  establish  colleges  of  higher  education
\nwhich could  seek affiliations\tto the universities in whose
\njurisdiction they  were\t established.  Such  colleges  could
\noffer courses  leading to  university degrees  only if\tthey
\nwere affiliated\t to a  university. Prof. Adams then wrote to
\nthe Government\tof India  claiming that\t there was  no legal
\nimpediment to  the grant  of permission by the Government to
\nthe establishment  of a\t university. It\t was  said  that  if
\nnecessary, the\tGovernment could  initiate legislation also.
\nIn order  to avoid  further delay,  the letter\tproceeded to
\nstate, they  were starting  professional  courses  in  rural
\nareas at Vikarabad in Rangareddy District. It was stated “to
\nstart with,  as per  your advice,  we are proposing to start
\nthe following  faculties at  Vikarabad\twhere  we  have\t our
\nChristian Hospital,  High School,  Church and  other  vacant
\nbuildings and  plenty of  vacant land  suitable for  further
\nexpansion  belonging   to  our\t christian  churches.”\t The
\nGovernment of  India was  further requested  to address\t the
\nUniversity of Hyderabad to grant affiliation to
\n755<\/span>
\ntheir colleges and to recommend to the All-India Institution
\nof Medical  Sciences to affiliate their medical college. The
\nGovernment was\talso  requested\t to  sanction  ‘the  Central
\ngrant’ for these colleges. Earlier in the letter it was also
\nmentioned that\tthe Prime  Minister was kind enough to agree
\nto grant  permission for  establishing the Central Christian
\nUniversity of India in Andhra Pradesh for the benefit of two
\ncrores of Christians living in India. Most of the statements
\nin the letter are either misleading or false. That the Prime
\nMinister had  agreed  to  the  establishment  of  a  Central
\nChristian University  is admitted  before us  to  be  false.
\nSimilarly the  reference to  “our Christian  Hospital,\tHigh
\nSchool, and  Church and\t vacant\t buildings”  would  give  an
\nimpression  that   the\thospital,   high-school,  etc.\twere
\ninstitutions of\t the self-styled National Congress of Indian
\nChristians. None  of those  institutions  is  even  remotely
\nconnected  with\t  this\tso-called   organisation.  This\t was
\nadmitted before\t us in\tanswer to  a question  by us.  While
\nProf. Adams  in his  capacity as  the so-called President of
\nthe National  Congress of  Indian  Christians  correspondent
\nwith the  Central Government,  the same\t Professor Adams  in
\nanother capacity,  namely Chairman  of\tthe  Andhra  Pradesh
\nChristian  Medical   Educational  Society,  entered  into  a
\ncorrespondence with  the Chief Minister of the Government of
\nAndhra Pradesh\tand the Vice Chancellor, Osmania University.
\nHe  and\t one  Christopher,  who\t described  himself  as\t the
\nSecretary of  the Society  addressed a\tletter to  the Chief
\nMinister claiming  that under the provisions of Art.30(1) of
\nthe Constitution, they, the Christian minority had the right
\nto establish  educational institutions\tof their  choice and
\nrequested  him\t to  initiate\tnecessary  action   for\t the
\nestablishment of  a Central Christian University of India as
\nsuggested by the Government of India and to grant permission
\nfor establishing  a Christian  Medical College at Vikarabad.
\nIt was\tmentioned in the letter that the Government of India
\nhad informed  them  that  either  Parliament  or  the  State
\nLegislature  had  to  initiate\taction\tfor  establishing  a
\nuniversity, but\t the Government\t of India had permitted them
\nto start  professional colleges\t and seek affiliation of the
\nUniversity  within  whose  jurisdiction\t they  fell.  It  is
\nunnecessary to\trepeat that  the reference  to the  grant of
\npermission was\tfalse. On  November 30,\t 1984,\tChristopher,
\nSecretary of  the National  Congress  of  Indian  Christians
\nwrote a\t circlar  letter  to  the  Vice-Chancellors  of\t the
\nOsmania University, the Hyderabad Central
\n756<\/span>
\nUniversity and\teight  other  universities  all\t over  India
\nrequesting them\t to grant  affiliation to their colleges. On
\nJanuary 22,  1985, the\tRegistrar of  the Osmania University
\nreplied stating that it was necessary for the association to
\nsubmit documentary  evidence regarding the fulfilment of the
\nconditions prescribed  for  affiliation\t and  to  submit  an
\napplication  in\t the  prescribed  form.\t The  conditions  of
\naffiliation of a medical college were mentioned as :-\n<\/p>\n
\t  “1. These  should be full fledged Hospital with at
\n\t  least (700) beds.\n<\/p><\/blockquote>\n
\t  2. There  should be  a regular  out-patient deptt.
\n\t  Casualty Dematology  well equipped  labs., Lecture
\n\t  Halls, Demonstration Rooms for students.\n<\/p><\/blockquote>\n
\t  3. There  should be a full fledged theatres in the
\n\t  College, three  with seating\tcapacity for  150 to
\n\t  200 students\teach and  one with  seating capacity
\n\t  for 350  to 400  students,  Lecture  Theatres\t and
\n\t  Demonstration\t rooms\t should\t be   provided\twith
\n\t  necessary Audio-Visual  aids. In  addition to\t the
\n\t  Lecture Theatres,  there should  be an  auditorium
\n\t  where 800 to 1000 persons could be seated.\n<\/p><\/blockquote>\n
\t  4.  Accommodation  has  to  be  provided  for\t the
\n\t  following Departments\t 1. Anatomy 2. Physiology 3.
\n\t  Bio-Chemistry\t 4.  Pharmacology  5.  Pathology  6.
\n\t  Micro Biology\t 7. Forensic  Medicine 8. Social and
\n\t  Preventive  Medicine\t 9.  General   Medicine\t 10.
\n\t  Surgery 11.  Obstetrics and  Gynaeology 12.  Blood
\n\t  Bank.\n<\/p><\/blockquote>\n
\t  Accommodation has to be provided for the following
\n\t  Departments :\n<\/p><\/blockquote>\n
\t  5. The  cost of  equipment for  pre-parclinical is
\n\t  Rs.1 crore  and recurring  expenditure on the pre-
\n\t  and Paraclinical staff is Rs. 24,00 lakhs p.a.\n<\/p><\/blockquote>\n
\t  6. The  Management should  establish the Labs. for
\n\t  anatomy Physilogy and Bio-Chemistry immediately.\n<\/p><\/blockquote>\n
\t  7. Amount  to be  provided for the construction of
\n\t  the following :-\n<\/p><\/blockquote>\n
757<\/span><\/p>\n
\t  1. Hospital (700) beds\t     Rs. 7 crores.\n\t  2. College\t\t\t     Rs. 3 crores.\n\t  3. Library, Administrative\n\t     Block, Auditorium Animal House\n\t     and Works shop\t\t     Rs. 1 crore\n\t  4. Hospital\t\t\t     Rs. 1-1\/2 crore\n\t  5. Equipment & Furniture for\n\t     (i) Hospital\t\t     Rs. 7-1\/2\n\t\t\t\t\t     crores\n\t     (ii) College Hostels\t     Rs. 5 crores.\n<\/pre>\n
\t  8. The  Management should appoint a Principal with
\n\t  immediate effect to run the Medical College.\n<\/p><\/blockquote>\n
\t  9. Permission\t letter from  the  Govt.  of  Andhra
\n\t  Pradesh to start a Medical College.\n<\/p><\/blockquote>\n
\t  10. A\t Govt. Order indicating that the Bye-laws of
\n\t  the Management  has been  registered\tas  Minority
\n\t  Institution and  accepted  by\t the  Government  as
\n\t  such.\n<\/p><\/blockquote>\n
\t  11. Documentary evidence for the Land for locating
\n\t  the college and hospital.\n<\/p><\/blockquote>\n
\t  12. Plan  of the  proposed building  in which\t the
\n\t  college and Hospital in proposed to be start.\n<\/p><\/blockquote>\n
\t  13. Copies  of the  Order placed  with  firms\t for
\n\t  furniture,  books,   equipment,  if\tany,  or   a
\n\t  resolution to the effect that the management would
\n\t  provide necessary  funds for\tfurniture, equipment
\n\t  and books etc.\n<\/p><\/blockquote>\n
\t  14. A\t copy of  the constitution  of the Governing
\n\t  Body and a copy of the Certificate of Registration
\n\t  of the Governing Body.”\n<\/p><\/blockquote>\n
The National  Congress of Indian Christians was requested to
\nfurnish information  as required  in  the  annexture  in  10
\ncopies. Thereafter  on March  19, 1983,\t Professor Adams  as
\nChairman of the Christian Medical Education Society wrote to
\nthe Registrar,\tOsmania University informing the latter that
\nthe Management\twas taking necessary action in regard to the
\nvarious matters mentioned in the letter of the University
\n758<\/span>
\ndated January  22, 1985 and that one Dr. K. Sanjeeva Rao had
\nbeen appointed\tas Principal  of that College. It was stated
\nin the\tletter that  there was no need to get the permission
\nof the\tState Government  as the  Christian Community  had a
\nright to  establish its\t own educational  institutions under
\nArt. 30 of the Constitution. But if permission was necessary
\npermission  had\t  already  been\t  granted  by\tthe  Central
\nGovernment in  their letter dated September 20, 1984. It was
\nalso mentioned\tthat ‘plans  and estimates’  of the proposed
\nmedical college\t at Muttangi,  Medak District were enclosed.
\nThe University\twas further  informed that  60 students\t had
\nalready been  admitted to  the first year of University MBBS
\ncourse of  1984 session\t and that  classes were\t functioning
\nfrom February 25, 1985. The University was requested to send
\nits  screening\t Committee  to\t inspect  the  college.\t The
\nUniversity   was   also\t  requested   to   grant   temporary
\naffiliation.  The   letter   contained\t the   usual   false
\nstatements. The\t statement that\t the Central  Government had
\ngranted\t permission  was  of  course  false.  The  statement
\nreferring to  ‘plans and  estimates’ of the proposed college
\nbuilding at  Muttangi, Medak District was again a misleading
\nstatement as  it is  now admitted  that the society does not
\nown any\t land in  Muttangi. Though the University had called
\nupon  the   society  to\t fulfil\t several  conditions  before
\naffiliation could  be granted,\tit is  clear from the letter
\nthat apart  from appointing  somebody as  Principal  of\t the
\nCollege, nothing  whatever had\tbeen done to comply with any
\nof the other conditions. The society itself did not refer to
\nany effort made by it to fulfil any of the other conditions.
\nThe admission of 60 students into the first year MBBS course
\nwas  in\t  defiance  of\tthe  conditions\t laid  down  by\t the
\nUniversity. It\twas audacious since the society had no right
\nto admit  any student  without getting\taffiliation from the
\nUniversity. By\tpurporting to  admit students  into the\t so-
\ncalled medical\tcollege, the  society had perpetrated a huge
\nhoax on innocent boys and girls. The University wrote to the
\nsociety on  May 23,  1985 pointing out that according to the
\nprocedure  laid\t down,\taffiliation  could  not\t be  granted
\nwithout obtaining  the feasibility  report of  the Screening
\nCommittee. It  was also pointed out that it was necessary to
\nobtain the  permission\tof  the\t State\tGovernment  and\t the
\nMedical Council\t of  India  in\torder  to  start  a  medical
\ncollege. The  society was  informed  that  their  action  in
\nadmitting students in the first year MBBS course was highly
\n759<\/span>
\nirregular and  illegal and  the society\t was asked to cancel
\nthe admissions\tmade by\t them. It  was also pointed out that
\nattendance at  the institutions not affiliated or recognised
\nby  the\t  University  would  not  qualify  a  candidate\t for
\nadmission to any examination conducted by the university.\n<\/p>\n
     At this  juncture, it  is necessary to mention that the
\nAndhra Pradesh\tChristian Medical Education Society inserted
\nan advertisement  in the  ‘Decan Chronicle’  of December  9,
\n1984 inviting  applications from candidates for admission to
\nthe first  year MBBS  course of\t the Andhra  Pradesh Central
\nInstitute of  Medical Sciences.\t When the advertisement came
\nto the\tnotice of the University authorities, they published
\na notification\tinforming the  public  in  general  and\t the
\nstudent community  in particular that the Osmania University
\nhad neither  permitted nor  granted affiliation\t in the MBBS
\ncourse\tto   the  above\t  institution’\tand  ‘whoever  seeks
\nadmission in  the above\t institution will  be  doing  so  at
\nhis\/her\t own   risk’.  The  society  appears  to  have\tbeen
\ninserting advertisements  off and  on inviting\tapplications
\nfor admission  to the  MBBS course.  So on March 4, 1985 the
\nUniversity  once  again\t published  a  notification  in\t the
\nnewspapers containing  a similar  warning. The\twarning\t was
\nalso broadcast\ton the radio and telecast on the television.
\nDespite\t all   this,   the   society   again   inserted\t  an
\nadvertisement in  the newspapers  inviting applications from
\ncandidates for\tadmission to  the first year MBBS course for
\nthe 1985  session. The University once again, had to publish
\na notification\twarning the  public. On\t June 5,  1985,\t the
\nsociety inserted  an advertisement in the ‘Decean Chronicle’
\nstyled as  a ‘reply  notice’, signed  by  an  Advocate.\t The
\nnotice contained  the oft-repeated false allegation that the
\nCentral Government  had granted permission to the society to
\nstart professional  colleges and  that\tthe  Prime  Minister
\nherself had  recommended the  grant of\tpermission.  It\t was
\nclaimed\t that\tthe  Osmania  University  had  no  power  to
\ninterfere with\tthe affairs of the Christian Medical College
\nand  that   the\t notification\tpublished  by\tthe  Osmania
\nUniversity was\tunconstitutional and  uncalled for.  It\t was
\nalso stated that the management was seeking affiliation with
\nother universitites  and had  made good\t progress.  This  of
\ncourse is another false statement. There is nothing whatever
\nto indicate  that the  institution had\tmade any progress in
\nobtaining affiliation from any other university.\n<\/p>\n
760<\/span><\/p>\n
     On July  24, 1985,\t the Government\t of  Andhra  Pradesh
\nwrote to the society informing them that permission to start
\na private medical college could not be granted as it was the
\npolicy of the Government of India and the Medical Council of
\nIndia not  to permit opening of new medical colleges. Before
\nus, the petitioner society disputed the statement that there
\nwas any\t policy decision  of the  Government of India or the
\nMedical Council\t of India  not\tto  permit  opening  of\t new
\nMedical colleges.  But two  letters –  one from\t the Medical
\nCouncil of  India to  the Government  of Andhra\t Pradesh and
\nanother from  the Government of India to the Medical Council
\nof India  – have  been brought\tto our notice. In the letter
\ndated January  16, 1981 from the Medical Council of India to
\nthe Government\tof Andhra Pradesh it is stated, “The council
\nis against  the starting  of any  new medical colleges until
\nall the\t existing ones\tare put\t on a  firm footing.” In the
\nletter of  the Government of India to the Medical Council of
\nIndia, it  is stated,  “At present  there  are\t106  medical
\ncolleges in  the country  with an  annual out turn of 12,500
\nmedical graduates  per year.  This  out\t put  is  considered
\nsufficient to meet the medical man power requirements of the
\ncountry. Therefore,  the present policy of the Government of
\nIndia is not to permit setting up of new medical colleges.”\n<\/p>\n
     On the  refusal of\t the Government of Andhra Pradesh to
\ngrant permission  to the society to start a medical college,
\nthe society  filed a  writ petition  in the  High  Court  of
\nAndhra Pradesh\tseeking a  writ\t to  quash  the\t refusal  of
\npermission by the Government of Andhra Pradesh and to direct
\nthe Government\tto grant  permission and  the University  to
\ngrant affiliation.  The claim  for the\tissue of  a writ was
\nbased on  the fundamental  right guaranteed by Art. 30(1) of
\nthe Constitution.  The writ petition was dismissed in limine
\nby the\tHigh Court  by a  speaking order  on the ground that
\nthere  were  no\t circumstances\tto  justify  compelling\t the
\nGovernment to grant permission to the society to start a new
\nmedical college\t in view  of the  restriction placed  by  an
\nexpert body  like a Medical Council of India that no further
\nmedical college\t should be  started. The  society has  filed
\nthis appeal by special leave of this court under Art. 136 of
\nthe Constitution.\n<\/p>\n
     Even while\t narrating the facts, we think, we have said
\nenough\tto   justify  a\t  refusal  by  us  to  exercise\t our
\ndiscretionary\tjurisdiction   under   Art.   136   of\t the
\nConstitution. We do not
\n761<\/span>
\nhave any  doubt that  the claim of the petitioner to start a
\nminority educational institution was no more than the merest
\npretence. Except  the words,  “As the  Christian  Minorities
\nEducational Institutions” occurring in one of the objects of
\nthe society,  as mentioned in the memorandum of association,
\nthere is  nothing whatever  to\tjustify\t the  claim  of\t the
\nsociety that  the institutions\tproposed to be started by it
\nwere  ‘minority\t  educational  institutions’.  Every  letter
\nwritten by  the society\t whether to  the Central Government,
\nthe State  Government or  the University contained false and
\nmisleading statements.\tAs  we\thad  already  mentioned\t the
\npetitioner had\tthe termerity  to admit\t or pretend to admit
\nstudents  in   the  first   year  MBBS\tcourse\twithout\t any
\npermission being  granted by the Government for the starting
\nof the\tmedical college\t and without  any affiliation  being
\ngranted by  the University. The society did this despite the
\nstrong protest\tvoiced by  the University  and\tthe  several
\nwarnings issued\t by the\t university. The  society  acted  in
\ndefiance of  the University and the Government, in disregard
\nof the\tprovisions of  the Andhra Pradesh Education Act, the
\nOsmania University  Act and  the Regulations  of the Osmania
\nUniversity and\twith total  indifference to the interest and
\nwelfare of  the students.  The society has played havoc with
\nthe careers  of several score students and jeopardised their
\nfuture irretrievably.  Obviously the so-called establishment
\nof a  medical college  was in  the  nature  of\ta  financial
\nadventure for  the so-called society and its office bearers,
\nbut an educational misadventure for the students. Many, many
\nconditions had\tto be  fulfilled before affiliation could be
\ngranted by the University. Yet the society launched into the
\nventure\t without   fulfilling  a   single  condition  beyond
\nappointing someone  as principal. No one could have imagined
\nthat a\tmedical college\t could function\t without a  teaching
\nhospital,  without   the  necessary   scientific  equipment,
\nwithout the necessary staff, without the necessary buildings
\nand without  the necessary  funds.  Yet\t that  is  what\t the
\nsociety did  or pretended  to do.  We do  not have any doubt
\nthat the society and the so-called institutions were started
\nas business ventures with a view to make money from gullible
\nindividuals anxious  to\t obtain\t admission  to\tprofessional
\ncolleges. It  was nothing  but a  daring imposture and scul-
\nduggery. By  no stretch\t of imagination, can we confer on it
\nthe status and dignity of a minority institution.\n<\/p>\n
762<\/span><\/p>\n
     It was seriously contended before us that any minority,
\neven a\tsingle individual  belonging to\t a  minority,  could
\nfound a\t minority institution  and had\tthe right  so to  do
\nunder the  Constitution and  neither the  Government nor the
\nUniversity could  deny the  society’s right  to establish  a
\nminority institution,  at the  very threshold  as  it  were,
\nhowsoever  they\t  may  impose  regulatory  measures  in\t the
\ninterests  of\tuniformity,  efficiency\t and  excellence  of
\neducation. The\tfallacy of  the argument  in so\t far as\t the
\ninstant case  is concerned lies in thinking that neither the
\nGovernment nor the University has the right to go behind the
\nclaim that  the institution is a minority institution and to
\ninvestigate and\t satisfy itself\t whether the  claim is well-
\nfounded or  ill-founded. The  Government, the University and
\nultimately the\tcourt have the undoubted right to pierce the
\n‘minority veil’\t –  with  due  apologies  to  the  Corporate
\nLawyers – and discover whether there is lurking behind it no
\nminority at  all and  in any  case, no minority institution.
\nThe object of Art. 30(1) is not to allow bogies to be raised
\nby pretenders  but  to\tgive  the  minorities  ‘a  sense  of
\nsecurity  and\ta  feeling  of\tconfidence’  not  merely  by
\nguaranteeing the  right to  profess, practise  and propagate
\nreligion to  religious minorities  and the right to conserve
\ntheir language, script and culture to linguistic minorities,
\nbut also  to enable all minorities, religious or linguistic,
\nto establish  and  administer  educational  institutions  of
\ntheir  choice.\t These\tinstitutions   must  be\t educational
\ninstitutions of\t the minorities in truth and reality and not
\nmere masked  phantoms. They  may be institutions intended to
\ngive the  children of  the minorities  the best\t general and
\nprofessional education,\t to make them complete men and women
\nof the\tcountry and  to enable them to go out into the world
\nfully prepared\tand equipped. They may be institutions where
\nspecial provision  is made  to the  advantage  and  for\t the
\nadvancement  of\t  the  minority\t  children.  They   may\t  be
\ninstitutions where  the\t parents  of  the  children  of\t the
\nminority community  may expect\tthat education in accordance
\nwith the basic tenets of their religion would be imparted by
\nor under  the guidance\tof teachers,  learned and steeped in
\nthe faith. They may be institutions where the parents expect
\ntheir children to grow in a pervasive atmosphere which is in
\npharmonyx with their religion or conducive to the pursuit to
\nit. What  is important\tand what is imperative is that there
\nmust  exist   some  real   positive  index   to\t enable\t the
\ninstitution to be identified
\n763<\/span>
\nas an  educational institution\tof the\tminorities. We\thave
\nalready said  that in the present case apart from the half a
\ndozen  words   ‘as  a\tChristian  minorities\tinstitution’
\noccurring in one of the objects recited in the memorandum of
\nassociation, there is nothing whatever, in the memorandum or
\nthe articles of association or in the actions of the society
\nto indicate  that the  institution  was\t intended  to  be  a
\nminority educational  institution. As  already found  by  us
\nthese half  a dozen  words were introduced merely to found a
\nclaim on Art. 30(1). They were a smoke-screen.\n<\/p>\n
     It was contended before us that the permission to start
\na new medical college could not be refused by the Government
\nnor could  affiliation be  refused by  the University  to  a
\nminority institution  on the  ground that  the Government of
\nIndia and  the Medical\tCouncil of  India had taken a policy
\ndecision not to permit the starting of new medical colleges.
\nIt was\tsaid that  such a  policy decision  would  deny\t the
\nminorities  their   right  to\testablish   an\t educational
\ninstitution of their choice, guaranteed by Art. 30(1) of the
\nConstitution. The  argument was\t that the right to establish
\nan educational\tinstitution was\t an absolute  right  of\t the
\nminorities and\tthat no\t restriction, based on any ground of
\nthe public  interest or\t state or  social necessity could be
\nplaced on  that right so as to destroy that right itself. It
\nwas said  that to  deny permission  to a minority to start a
\nmedical college on the ground that there were already enough
\nmedical colleges  in the  country was  tantamount to denying
\nthe right  of the  minority guaranteed\tunder Art. 30(1). On
\nthe other  hand, it was said, when in the pursuit of general
\nor professional\t educational for  its  members,\t a  minority
\ncommunity joins\t the mainstream\t of national  life, it\tmust
\nsubject\t itself\t  to  the   national  interest.\t  The  right
\nguaranteed by Art. 30(1) gives the minority the full liberty
\nto establish  educational institutions of its own choice. If
\nthe minority community expresses its choice and opts to join
\nthe scheme of national educational policy, it must naturally
\nabide by  the terms  of that policy unless the terms require
\nthe surrender  of the  right under  Art. 30(1).\t It was said
\nthat a medical college needed very heavy investment and that
\nto produce  doctors beyond  need would\tbe a  national waste
\napart from  creating a\tproblem of  unemployment in a sphere
\nwhere there  should be\tnone. It  appears, if one may borrow
\nthe words  of Sir  Roger de  Coverley, ‘there  is much to be
\nsaid on both sides’. In view
\n764<\/span>
\nof our\tconclusion on  the other  issues we  do not  want to
\nventure an opinion on this question.\n<\/p>\n
     Shri K.K.\tVenugopal, learned  counsel for the students
\nwho  have  been\t admitted  into\t the  MBBS  course  of\tthis
\ninstitution, pleaded  that the\tinterests  of  the  students
\nshould not  be sacrificed because of the conduct or folly of
\nthe management\tand that  they should be permitted to appear
\nat   the    University\t examination   notwithstanding\t the
\ncircumstance that  permission and  affiliation had  not been
\ngranted to  the institution. He invited our attention to the
\ncircumstance  that   students\tof   the   Medical   college
\nestablished  by\t  the  Daru-Salaam  Educational\t Trust\twere
\npermitted to  appear at\t the examination notwithstanding the
\nfact that  affiliation had  not by  then been granted by the
\nUniversity. Shri  Venugopal suggested  that we\tmight  issue
\nappropriate directions\tto the\tUniversity  to\tprotect\t the
\ninterests of  the students.  We do  not think  that  we\t can
\npossibly acceed\t to the\t request made  by Shri\tVenugopal on
\nbehalf of  the students.  Any direction of the nature sought
\nby Shri\t Venugopal would  be in\t clear transgression  of the
\nprovisions of  the University Act and the regulations of the
\nUniversity. We\tcannot by  our fiat direct the University to
\ndisobey the  statute to\t which it owes its existence and the
\nregulations made by the University itself. We cannot imagine
\nanything  more\tdestructive  of\t the  rule  of\tlaw  than  a
\ndirection by  the court to disobey the laws. The case of the
\nmedical college\t started by the Daru-Salaam Trust appears to
\nstand on  a different  footing as  we find  from the  record
\nplaced before  us that\tpermission had\tbeen granted  by the
\nState Government  to the  Trust to start the medical college
\nand on\tthat account, the University had granted provisional
\naffiliation. We\t also find that the Medical Council of India
\ntook  strong   and  serious   exception\t to   the  grant  of
\nprovisional affiliation\t whereupon the\tUniversity  withdrew
\nthe affiliation\t granted to  the college.  We are  unable to
\ntreat what the University did in the case of the Daru-Salaam
\nMedcial College as a precedent in the present case to direct
\nthe University\tto do  something which\tit is forbidden from
\ndoing by  the University  Act and  the\tregulations  of\t the
\nUniversity. We\tregret\tthat  the  students  who  have\tbeen
\nadmitted into the college have not only lost the money which
\nthey must have spent to gain admission into the college, but
\nhave also  lost one  or two years of precious time virtually
\njeopardising their future careers. But that is a
\n765<\/span>
\nsituation which\t they have  brought upon  themselves as they
\nsought and  obtained admission\tin the\tcollege despite\t the
\nwarnings issued\t by the University from time to time. We are
\nhappy to  note that  the  University  acted  watchfully\t and
\nwakefully,  issuing   timely  warnings\t to  those   seeking
\nadmission to  the institution.\tWe are\tsure many  must have
\ntaken heed  of the  warnings issued  by the  university\t and
\nrefrained from seeking admission to the institution. If some
\ndid not heed the warnings issued by the university, they are
\nthemselves to  blame. Even  so if they can be compensated in
\nsome manner, there is no reason why that may not be done. We
\nare told  that the  assets of  the institutions,  which have
\nsprung out  of the  funds collected  from the students, have
\nbeen frozen.  It is  up to  the State  Government to  devise
\nsuitable   ways,    legislative\t  and\tadministrative,\t  to
\ncompenstate the\t students at  least monetarily.\t The  appeal
\nfiled by  the society  is  dismissed  with  costs  which  we
\nquantify at  Rs. 10,000.  The writ  petition  filed  by\t the
\nstudents is  dismissed but,  in the  circumstances,  without
\ncosts.\n<\/p>\n
P.S.S.\t\t\t      Appeal and Petition dismissed.\n766<\/span>\n\n\n\n<\/pre>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India A.P. Christians Medical … vs Government Of Andhra Pradesh & Anr on 24 April, 1986 Equivalent citations: 1986 AIR 1490, 1986 SCR (2) 749 Author: O C Reddy Bench: Reddy, O. Chinnappa (J) PETITIONER: A.P. CHRISTIANS MEDICAL EDUCATIONAL SOCIETY ETC. Vs. RESPONDENT: GOVERNMENT OF ANDHRA PRADESH & ANR. DATE OF JUDGMENT24\/04\/1986 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-147350","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nA.P. 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