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Madras High Court· 08 September 2026

Does a condition attached to an Essentiality Certificate render it void unless the condition concerns a mandatory Form 2 requirement?

Chettinad Academy of Research and Education v. The State of Tamil Nadu
WA.83/2026 · 2026:MHC:3645 · W.A.No.83 of 2026
Coram: Justice G.Arul Murugan · Justice Sushrut Arvind Dharmadhikari
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Answer

A condition attached to an Essentiality Certificate does not render it void unless the condition concerns a mandatory Form 2 requirement.

No. A condition attached to an Essentiality Certificate does not render it void unless the condition concerns a mandatory Form 2 requirement. The Supreme Court's holding that a certificate conditional upon the availability of clinical material was no certificate at all was tied to the wording of Form 2, which requires that material to exist at the time of application; it lays down no general rule that any condition renders a certificate void.

Headnote

Establishment of Medical College Regulations, 1999 — Form 2 — Establishment of New Medical Institutions Regulations, 2023 — regs.2(f), 9(a) — Essentiality Certificate — Scope of the State's enquiry — Environmental clearance — Establishment of Medical College Regulations, 1999 — Form 2 — The State's enquiry is delegated and confined — Held: The State's role is confined to assessing local medical manpower deficiency, doctor-population ratio, public interest, site feasibility and clinical material; it cannot act arbitrarily or insist upon parameters outside Form 2 or the governing legislation. (¶17) Environmental clearance — Not a qualifying criterion under Form 2 — Held further: Environmental clearance and Pollution Control Board approval, though mandatory before construction or commissioning, are not qualifying criteria under Form 2, and their absence cannot ground a refusal to process the certificate. (¶18) Essentiality Certificate — Conditional grant — Condition outside Form 2 — Held further: A certificate conditional upon a mandatory Form 2 requirement is no certificate at all; that narrow proposition does not extend to a condition lying wholly outside Form 2. Writ appeal allowed. (¶12)

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In the Court's own words
Paragraph 12We have examined the decision, referred supra. It arose from a case where the Essentiality Certificate had been made conditional upon the availability of clinical material, a requirement that Form 2 of the 1999 Regulations expressly required to exist at the time of the application itself, and not as something to be arranged later. The Supreme Court held, in that specific context, that a certificate made conditional upon a mandatory requirement was no certificate at all in the eyes of the Regulations. That is a fair and narrow proposition, tied closely to the wording of Form 2. It does not, in our reading, lay down a general rule that any condition attached to an Essentiality Certificate renders it void, regardless of whether that condition concerns a Form 2 requirement or something entirely outside its scope, such as environmental clearance. The impugned judgment, in extending the principle laid down in V.N.Public Health and Educational Trust (supra) to the facts of this case without examining whether the condition here falls within Form 2, has, in our opinion, gone further than what is stipulated in the decision of the Supreme Court, referred supra.
Acts & Sections
Form 2 Establishment of Medical College Regulations, 1999reg.2(f) Establishment of New Medical Institutions Regulations, 2023reg.9(a) Establishment of New Medical Institutions Regulations, 2023s.60(4) National Medical Commission Act, 2019

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Also decided in this judgment
Can the State Government withhold an Essentiality Certificate for want of environmental clearance, where that clearance is not a Form 2 requirement?Must an Essentiality Certificate be valid at the time the application to establish a medical institution is submitted?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections