G. C. BHARUKA, J. ( 1 ) THE petitioner-institutions are desirous of establishing Medical Colleges in the State of Karnataka. For that purpose, they had filed applications before the State Government for grant of essentiality certificate as required under the "establishment of New Medical Colleges, Opening of Higher Courses of Study and Increase of Admission Capacity in Medical Colleges Regulations, 1993" (in short, the Regulation ). Since the applications filed by the petitioner institutions have not been disposed of by the State Government so far, therefore, the present petitions have been filed for directing the respondents to consider their claim regarding the grant of Essentiality Certificate expeditiously. ( 2 ) ). The Regulations have been framed by the Medical Council of India, with the previous approval of the Central Government in terms of Section 10-A, read with Section 33 of the Indian Medical Council Act, 1956 (in short, the Act ). In the case of Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational and Charitable Trust v. State of Tamil Nadu, reported in (1996) 3 SCC 15 : ( AIR 1996 SC 2384 ) at paragraph 31, it has been held by the Supreme Court that :"31. It would thus appear that in Section 10-A Parliament has made a complete and exhaustive provision covering the entire field for establishing of new medical colleges in the country. No further scope is left for the operation of the state legislation in the said field which is fully covered by the law made by Parliament. Applying the tests laid down by this Court, it must be held that the proviso to sub-section (5) of the Medical University Act which was inserted by the State Act requiring prior permission of the State Government for establishing a college is repugnant to S. 10-A inserted in the Indian Medical Council Act, 1956, by the Central Act which prescribes the conditions for establishing a new medical college in the country. The said repugnancy is, however, confined to the field covered by S. 10-A, viz. , establishment of a new medical college and would not extend to establishment of other colleges. "after the enactment of S. 10-A by the Parliament, the Medical Council of India, by a notification dated 20-9-1993 has made the regulations whereby a scheme for application for permission of the Central Government to establish a new medical college has been made. , establishment of a new medical college and would not extend to establishment of other colleges. "after the enactment of S. 10-A by the Parliament, the Medical Council of India, by a notification dated 20-9-1993 has made the regulations whereby a scheme for application for permission of the Central Government to establish a new medical college has been made. Under the said scheme the qualifying criteria for applying for permission to establish a new medical college has been laid down. The 3rd criterion provided therein requires obtaining of essentiality certificate from the State Government. It reads thus :"3. The essentiality certificate regarding the desirability and feasibility of having the proposed medical college at the proposed location has been obtained and that the adequate clinical material is available as per the Medical Council of India requirements has been obtained by the applicant from the respective State Government or the Union Territory Administration. "keeping in view of the above criteria, whenever an application is made by any institution, intending to establish a new medical college to the State Government for grant of essentiality certificate, the request has to be objectively analysed and assessed by taking into consideration the following factors, viz. , :i. The desirability and feasibility of having the proposed medical college at the proposed location; andii. Adequate clinical material is available as per the M. C. I. Regulations. As held by the Supreme Court in the case of Thirumuruga Kirupananda Variyar Thavathiru Sundara swamigal Medical Educational and Charitable Trust v. State of Tamil Nadu ( AIR 1996 SC 2384 ) (supra), the State Government cannot refuse essentiality certificate on a policy consideration simpliciter. In each and every case, the State Government is required to apply itself as to whether the applicant is entitled to an Essentiality Certificate, keeping in view the factors noticed above as culled out from the qualifying criteria laid down in the Regulations. ( 3 ) IT is the grievance of the petitioners that though essentiality certificates have been granted to some of the institutions by showing favours because such institutions are connected with some political executives, but the cases of the petitioners are not being at all attended to. ( 3 ) IT is the grievance of the petitioners that though essentiality certificates have been granted to some of the institutions by showing favours because such institutions are connected with some political executives, but the cases of the petitioners are not being at all attended to. ( 4 ) UNDER the aforesaid facts and circumstances, the present Writ Petitions are being disposed of with a direction to the Secretary, to the State Government, Medical Education, to dispose of the applications filed for grant of essentiality certificate, within two weeks from the date of communication of this Order, in accordance with law, by reasoned Orders, irrespective of the fact whether decision pertains to grant or refusal, in all these three cases. --- *** --- .