Adesh Insitutte of Medical Sciences and Research, Bhatinda run by Adesh Foundation is not a Public Authority: PSIC

[sabharwal786]

The Orders of the PSIC are as below:

The complainant relying on this authority argued that the respondent must be declared a public authority because Baba Farid University of Health Sciences and Medical Council of India control the affairs of the respondent Medical College.

I am unable to agree with this line of argument. The decision of the Hon’ble Delhi High Court is given in the context of multi state cooperative societies. In the present case before the Commission, the Government exercises no control over respondent, what to talk of any deep or pervasive control. The Government has no nominee on the governing body of the respondent-institute, nor does it participate in the management process of the Medical College. Application of the regulations of Baba Farid University of Health Sciences or Medical Council of India would not amount to control of the affairs of the institute. If that were so, then every driver of a private vehicle on Indian roads would become a public authority, because he is regulated by government. He is granted a license by the Government to drive, there are regulations controlling registration of vehicle and specifications of the chassis etc and above that there are statutory traffic regulations which the driver must observe. Such an interpretation would lead to an absurd situation. The distinction between the “regulation” and “control” is very obvious. These two are different and distinct words.

In view of the above discussion, I have not hesitation in holding that there is no evidence on record that the respondent institute is substantially funded or controlled by the Government. Therefore, the respondent is not a public authority and the complaint case is closed.