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2019 Supreme(Ker) 712

S.MANIKUMAR, C.K.ABDUL REHIM
Bahuleyan Charitable Foundation – Appellant
Versus
Kerala University of Health Sciences – Respondent


Advocates Appeared:
For the Petitioner: Sri. George Poonthottam (Sr.), Smt. Nisha George, Advs.
For the Respondent: Sri. P. Sreekumar, SC, Kerala, Special Government Pleader Sri. M.A. Asif

JUDGMENT :

S.Manikumar, J.

W.A.Nos.1312 and 1384 of 2019 arise out of a common order made in W.P.(C) No.39605 of 2018 and W.P.(C) No.16768 of 2015 dated 8.3.2019. In W.P.(C) No.39605 of 2018, Bahuleyan Charitable Foundation has sought for a writ, order or direction commanding to quash Exhibit-P9 communication to the extent it requires issuance of essentiality certificate from the Government. The petitioner therein has sought for a writ of mandamus directing Kerala University of Health Sciences ('University' for short) to issue affiliation to the petitioner's college for MPT (Neurology) course, as sought for in Exhibit-P2, for the academic year 2018-2019. The petitioner has also sought for a direction declaring that the insistence of essentiality certificate by the University in order to obtain affiliation for the new course as unconstitutional.

2. In W.P.(C) No.16768 of 2015, Bahuleyan Charitable Foundation has sought for a writ of mandamus directing the University, represented by the Registrar, to grant affiliation to the petitioner's college for MPT (Musculoskeletal and Sports

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