JUDGMENT :

KRISHNA MURARI, J.

1. Leave granted.

2. These appeals arises out of the Judgment and Order dated 03.11.2020 passed by the Kerala High Court in Writ Appeal Nos. 1401 and 1413 of 2020, wherein the Division Bench of the said High Court modified the directions of the learned Single Judge to the extent of consideration for establishment of Medical College by the appellant for the Academic Year 2021-2022.

3. The issue arising for consideration before us is whether Essentiality Certificate (hereinafter referred to as ‘EC’) and Consent of Affiliation (hereinafter referred to as ‘CoA’) should be granted for the year 2020-2021 to the appellant. The other issues which need to be addressed are:-

(i) Whether grant of Essentiality Certificate by the State Government is only a Ministerial Act?

(ii) Whether Essentiality Certificate, once issued, can be withdrawn?

4. Facts in brief:

The appellant is a trust set up with the object of promoting education in Health and Medicine. To start a Medical College, the appellant claims to have set up a 300 bedded hospital in Walayar, Palakkad Distric