Court Directs State to Ensure Compliance with Union Guidelines to Prevent Financial Loss
In a significant ruling, the Kerala High Court has underscored the necessity for the State Government to strictly adhere to the guidelines issued by the Union Government in the site selection process for the establishment of All India Institute of Medical Sciences (AIIMS) in Kerala. This directive comes amidst a public interest litigation filed by AIIMS Kasaragod Janakeeya Koottayma, which contested the current site selection procedure.
The division bench, comprising Chief Justice Nitin Jamdar and Justice S. Manu, emphasized that any deviation from the prescribed guidelines could lead to the rejection of the site by the Union Government, resulting in substantial financial loss to the public exchequer. The Court has directed the State Government to submit a counter affidavit confirming whether the site selection aligns with the Union Government's guidelines.
The case revolves around the State Government's identification of a site in Kinaloor, Kozhikode District, which has been communicated to the Union Government. However, the petitioners argue that the site selection should conform to a multi-criteria decision-making process as outlined by the Union Government, which aims to maximize community benefits.
During the proceedings, the Court noted that the Union Government has not finalized its decision, and the State's selection was made in anticipation of such a decision. The bench has granted the State another opportunity to provide a clear statement on whether the selection process adhered to the guidelines.
The Court also acknowledged the concerns raised by the petitioners about potential financial wastage if the site is ultimately rejected. It has advised the State Government to consider the implications of the Union Government's non-approval before proceeding with any financial investments.
The matter has been adjourned to April 10, 2025, with the expectation that the State will furnish a detailed account of its compliance with the guidelines, thereby safeguarding public funds and ensuring a transparent selection process.
Bottom Line:
Site selection for establishment of AIIMS must strictly conform to the guidelines issued by the Government of India to avoid rejection and potential loss of public funds.
Statutory provision(s): Guidelines for Site Selection issued by the Union Government, Public Interest Litigation provisions.
AIIMS Kasaragod Janakeeya Koottayma v. Union of India, (Kerala)(DB) : Law Finder Doc id # 2864576
