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Madras High Court· 08 September 2026

Must an Essentiality Certificate be valid at the time the application to establish a medical institution is submitted?

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

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.

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 15Regulation 9(a) of the Regulations, 2023, which prescribes that Essentiality Certificate should be submitted at the time of applicable, reads thus:
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?Does a condition attached to an Essentiality Certificate render it void unless the condition concerns a mandatory Form 2 requirement?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections