'Luxury litigation': Supreme Court junks plea against Andhra's PPP model for medical colleges

New Delhi: The Supreme Court of India has dismissed a public interest litigation (PIL) challenging the adoption of a public-private partnership model for the development of government medical colleges in Andhra Pradesh.

The Apex Court bench comprising Justices Surya Kant and Joymalya Bagchi was considering a plea filed by Dr KA Paul.

During the hearing of the case, the top court bench called the PIL "luxury litigation" and questioned why people are going "so crazy" about approaching the Apex Court.

Noting that the petitioner impleaded other states to justify the invocation of Article 32 of the Constitution, even though the averment made essentially related to the State of Andhra Pradesh, Justice Kant remarked, "What is the reason that people are so crazy to come to Supreme Court? You only want highlight and you think that Supreme Court is only meant for this kind of luxury litigation."

The judge also emphasized the High Court's jurisdiction (under Article 226) is wider than that of the Apex Court under Article 32. Accordingly, the bench ordered, "The substantial averments made in the writ petition pertains to State of Andhra Pradesh. However, with a view to justify the filing of a writ petition under Article 32, the petitioner has knowingly impleaded some other states also as party-respondents. We are not inclined to entertain this petition under Article 32. The petitioner, if so advised, may approach the jurisdictional High Court."

"Heard the petitioner-in-person and carefully perused the material placed on record. A substantial portion of the averments made in the Writ Petition pertain to the State of Andhra Pradesh. However, with a possible view to justify the filing of a Writ Petition under Article 32 of the Constitution, the petitioner has knowingly impleaded some other States also as party respondents in the instant Writ Petition. We, accordingly, see no reason to entertain this Writ Petition filed under Article 32 of the Constitution. The Writ Petition is, accordingly, dismissed," the order stated.

Also Read: 10 new medical colleges in Andhra to come up under PPP model

The plea was filed after the TDP-led Andhra Pradesh government, back in Septembe,r launched the PPP model for the completion of 10 medical colleges which were sanctioned in previous years but were not completed. This decision was disapproved as privatisation of medical education.

As per the latest media report by Live Law, in this backdrop, the present plea was filed seeking the following specific reliefs:

(1) a direction to the State of Andhra Pradesh to place on record all Cabinet Notes, G.Os., APMSIDC tender documents, and draft concession agreements relating to the PPP/DBFOT model for Government Medical Colleges;

(2) a direction to the States of Karnataka, Madhya Pradesh and Uttar Pradesh to refrain from adopting or proceeding with PPP/DBFOT models for Government medial colleges or hospitals pending judicial scrutiny;

(3) restraining the respondents from executing of finalizing any concession or lease agreements relating to Government medical colleges until further orders of the Court; and

(4) declaring that all public hospital and medical college lands and assets remain unencumbered public property, and any agreement violating this principle are deemed void ab initio.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/supreme-court-dr-k-a-paul-307900.pdf

Also Read: Andhra to set up 10 new medical colleges in 2027-28, 1500 MBBS seats to be added