Must an Essentiality Certificate be valid at the time the application to establish a medical institution is submitted?
Coram: Justice G.Arul Murugan · Justice Sushrut Arvind Dharmadhikari
An Essentiality Certificate must be valid at the time the application to establish a medical institution is submitted.
Yes. An Essentiality Certificate must be valid at the time the application to establish a medical institution is submitted. Regulation 9(a) of the Regulations of 2023 provides that no application by an eligible entity shall be entertained unless accompanied by an Essentiality Certificate issued by the concerned State Government or Union Territory administration, and that the certificate shall be valid at the time of application.
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)
Headnote
You've used your free headnotes this month
The answer above and the Court's own paragraphs stay free. LexStreak's full headnote on this judgment needs an account — a free one opens it again.
Create my free accountOne judgment a day. That's the whole habit.
Read the full text of Chettinad Academy of Research and Education v. The State of Tamil Nadu — and get the Madras High Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.
Create my free accountFree forever plan · 30 seconds · data stays in India