A bench of Justices BR Gavai and BV Nagarathna ruled that prescription of minimum standards for higher education, authorities to recognise or de-recognise an institution etc. are areas over which exclusive legislative competence to make law lies with the parliament under Entry 66 List 1 of the Constitution, and not the State legislature.
The State legislatures on the other hand under Entry 25 of List 3 of the Constitution possess legislative competence to legislate with respect to all other aspects of education except the determination of minimum standards and coordination, the Court said.
Hence, State legislature lacks the competence in the area of prescription of minimum standards for medical education, the Court underlined.
“The Assam Act which seeks to regulate such aspects of medical education is therefore liable to be set aside on the ground that the State legislature lacks competence to legislate wrt the aspects enumerated above,” the Court ordered.
Source: Barandbench
