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2013 Supreme(SC) 1161

H.L.DATTU, SUDHANSU JYOTI MUKHOPADHAYA
Royal Medical Trust (Regd. ) – Appellant
Versus
Union of India – Respondent


JUDGMENT :

1. Leave granted. This appeal by special leave is directed against the judgment and order passed by the High Court of Kerala at Ernakulam in W.A. No. 671 of 2013 dated 27.05.2013. By the impugned judgment and order, the High Court has rejected the Writ Appeal filed by the Appellant.

2. The Appellant-trust is the owner of a hospital Sanctioning at Cherpulassery in Palakkad District, Kerala with occupancy of 500 beds and related facilities. The Appellant, desirous of establishing a new medical college, approached the State Government for grant of the essentiality certificate. The State Government had issued the essentiality certificate valid for making an application to the Central Government for academic years 2011-2012 and 2012-2013, vide Renewed Essentiality Certificate No. 38646/S3/2006/H&FWD, dated 13.09.2010. Thereafter, in order to comply with the requirements of Section 10A of the Indian Medical Council Act, 1956 (for short "the Act"), the Appellant had filed an application before the Kerala University of Health Sciences (for short, "KUHS") to obtain Affiliation Certificate before making an application before the Central Government, dated 06.05.2012. Besides other co
















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