Institute of Legal and Management Studies

The Supreme Court today dismissed a public interest litigation assailing adoption of a public-private partnership model for development of government medical colleges in Andhra Pradesh.

A bench of Justices Surya Kant and Joymalya Bagchi passed the order in the petition filed by evangelist Dr KA Paul, who appeared in person.

During the hearing, Justice Kant called the PIL "luxury litigation" and questioned why people are going "so crazy" about approaching the Supreme Court. The judge noted that the averments made essentially related to Andhra Pradesh, but the petitioner impleaded other states only to justify invocation of Article 32 of the Constitution.

"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", Justice Kant remarked. The judge also emphasized that High Courts' jurisdiction (under Article 226) is wider than that of the Supreme Court (under Article 32).

The order was dictated thus:

"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."

For context, in September, the TDP-led Andhra Pradesh government launched the PPP model for completion of 10 medical colleges which were sanctioned in previous years but not completed. The decision has been deprecated as privatization of medical education.

In this backdrop, the present petition sought the following specific reliefs:

- Direction to 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;

- 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;

- Restrain on Respondents from executing of finalizing any concession or lease agreements relating to Government medical colleges until further orders of the Court;

- Declaration that all public hospital and medical college lands and assets shall remain unencumbered public property, and any agreement violating this principle shall be deemed void ab initio.

Case Title: DR. K.A. PAUL @ KILARI ANAND Versus UNION OF INDIA AND ORS., W.P.(C) No. 1035/2025

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