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N. NAGARESH
MALABAR MEDICAL COLLEGE HOSPITAL & RESEARCH CENTRE – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
N. NAGARESH, J.
1. These three writ petitions are filed by the Malabar Medical College Hospital and Research Centre. In W.P. (C) No. 43680 of 2023, the petitioner seeks to direct the 2nd respondent-Kerala University of Health Sciences to enable the petitioner to prefer applications for start of new courses/enhancement in number of seats in various courses mentioned in Ext.P7 without EC/NOC from the 1st respondent-State of Kerala. The petitioner also seeks to consider their Ext.P7 application for Essentialty Certificate for starting/enhancement of seats for Medical Postgraduate Courses and to consider Ext.P8 application to expedite the issuance of Essentiality Certificate.
2. In W.P. (C) No. 34739 of 2024, the petitioner seeks to quash Exts.P4 and P5 to the extent that the petitioner's applications for MD General Medicine, MS General Surgery, MS Orthopedics, MD Dermatology and MS ENT, were rejected.
3. In W.P. (C) No. 41570 of 2024, the petitioner seeks to declare that the demand of Rs. 3,27,60,000/- for starting new Self Financing Medical College/enhancement of seats/starting of MBBS/PG Courses in existing Self Financing Medical Colleges in the State with annual revaluation,
The court affirmed that Essentiality Certificates are required for starting new medical courses, and the State's demand for a Bank Guarantee to ensure financial viability is lawful.
The rejection of affiliation and essentiality certificate for establishing a medical college was justified due to serious deficiencies in infrastructure, faculty, and clinical resources, highlighting....
Education Law - Enhancement of seats - As per norms of Kerala University of Health Sciences, maximum seat capacity fixed for B.Sc. (MLT) is 30 - Expert Committee did not recommend for granting no-obj....
Compliance with regulatory standards, including faculty attendance and essential documentation, is mandatory for medical institutions seeking approval for postgraduate courses.
Education - Affiliation of colleges - As per scheme of statutory provisions, Government's interference is only at end. As in said case, University has conducted rounds of enquiries and inspections an....
As per Clause 3 of the Scheme, which deals with qualifying criteria, the medical college/institution shall qualify to apply for increasing the number of admission in MBBS/PG Diploma/Degree/Higher Spe....
Notification for starting a new education institution - Permission for starting new colleges can be granted only to co-operative institutions, which have sufficient financial background and prior exp....
Medical college - Affiliation - any jurisdictional error in exercising the discretion or any other patent illegality in the judgment of the learned single Judge need alone be the consideration in an ....
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