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.

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, is ultravires the Constitution. The petitioner seeks to quash Exts.P11 and P12.

4. The petitioner-College provides MBBS Courses with 200 seats and MD/MS Courses in various subjects with 54 seats. Nine Postgraduate Courses were started in the year 2020-2021 and the first batch of students have passed the examination with hundred percent results. Therefore, the petitioner is eligible and entitled to start new courses and for increase in the number of seats in the existing Post Graduate Courses, as per the norms of the Kerala University of Health Sciences, contends the petitioner.

5. The petitioner submitted application dated 05.05.2023 before the Post Graduate Medical Education Board for inspection of the final examination of the courses conducted by the petitioner, for grant of recognition. The Board inspected the examinations, but has not granted recognition to the nine Post Graduate courses run by the petitioner.

6. The 2nd respondent-University issued notification dated 17.10.2023 inviting applications for start of new courses and increase in number of seats in the existing courses. The petitioner preferred application dated 09.11.2023 before the 1st respondent-State of Kerala to grant Essentiality Certificate (EC) for start of/increase of seats in nine Post Graduate Courses for the academic year 20252026. Though the 1st respondent issued EC, it was not in the prescribed format as required by the University. Therefore, the petitioner lost the opportunity in the previous academic year. The petitioner, therefore, prayed that the 2nd respondent-University be directed to enable the petitioner to prefer applications for start of new courses/enhancement of number of seats in various courses without EC/NOC from the 1st respondent.

7. When W.P. (C) No. 43680 of 2023 was pending, the University issued communications dated 08.04.2024 and 22.07.2024 declining the application for enhancement of seats on the ground that the petitioner has not produced valid EC and that the first batch of Post Graduate students have not passed out. Hence, W.P. (C) No. 34739 of 2024 was filed challenging Ext.P4 communication dated 08.04.2024 and Ext.P5 communication dated 22.07.2024.

8. During the pendency of W.P. (C) No. 43680 of 2023, the Government issued a letter dated 01.11.2024 to the petitioner requiring to provide Bank Guarantee from a Scheduled Bank for an amount of Rs. 3,27,60,000/- for issuing Essentiality Certificate for starting new Self Financing Medical Colleges/enhancement of seats/starting of MBBS/Post Graduate Courses in the existing Self Financing Medical Colleges in the State with annual re-validation of the same.

9. The petitioner is challenging the said letter dated 01.11.2024, which is marked as Ext.P12 in W.P. (C) No. 41570 of 2024. The petitioner states that t