An interim order affecting substantial rights can be appealed under Section 5(i) of the Kerala High Court Act, 1958, if it is not merely procedural.

JUDGMENT :

Anil K. Narendran, J.

The appellant is the 1^st respondent in W.P.(C)No.8031 of 2025, which is one filed by respondents 1 to 10 herein- petitioners, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 12^th respondent herein-Kannur Medical College (3^rd respondent in the writ petition), to grant stipend to them for the entire period of Compulsory Rotating Medical Internship (CRMI) undergone by them in Kannur Medical College; a writ of mandamus commanding the 1^st respondent State to grant stipend to them for the entire period of CRMI undergone by them in Kannur Medical College, granting permission to the State to realise the same from the College.

2. In the writ petition, the learned Single Judge granted an interim order on 03.04.2025, by directing the 1^st respondent State (appellant herein) to pay stipend to the petitioners, as ordered by another learned Single Judge in the order dated 08.12.2023 in I.A.No.2 of 2023 in W.P.(C)No.24320 of 2023.

3. Challenging the interim order dated 03.04.2025 of the learned Single Judge in W.P.(C)No.8031 of 2025, the 1^st respondent State is before this Court with this writ appeal, invoking the provisions under Section 5(i) of the KERALA HIGH COURT ACT , 1958. This writ appeal was filed along with C.M.Appl.No.1 of 2025 to condone the delay of 95 days in filing the appeal, which was condoned by the order dated 19.08.2025.

4. On 25.08.2025, when this writ appeal came up for admission, it was admitted on file. Respondents 1 to 10 entered appearance through counsel. The learned Standing Counsel for Kerala University of Health Sciences took notice for the 11^th respondent. The 12^th respondent College entered appearance through counsel and the learned Standing Counsel for National Medical Commission entered appearance for the 13^th respondent. By the order dated 25.08.2025, this Court granted an interim stay of the operation of the order dated 03.04.2025 of the learned Single Judge in W.P.(C)No.8031 of 2025, for a period of one month.

5. Heard the learned Senior Government Pleader for the appellant-1^st respondent, the learned counsel for respondents 1 to 10-petitioners, Sri.P. Sreekumar, the learned Senior Counsel for the 11^th respondent Kerala University of Health Sciences, Sri.Abdul Raoof Pallipath, the learned counsel for the 12^th respondent College and Sri.K.S. Prenjith Kumar, the learned Standing Counsel for the 13^th respondent National Medical Commission.

6. The learned Senior Government Pleader and also the learned counsel for respondents 1 to 10-petitioners addressed arguments touching the merits of the issue now pending consideration before the learned Single Judge in W.P.(C)No.8031 of 2025. The learned Senior Government Pleader has also pointed out condition (e) of the format of essentiality certificate issued by the State Government to an applicant for establishment of a Medical College within the State of Kerala. We do not propose to consider those contentions in this writ appeal, since those contentions require consideration by the learned Single Judge at the time of disposal of the writ petition.

7. On the question of maintainability of a writ appeal under Section 5(i) of the KERALA HIGH COURT ACT , 1958, against an interim order passed by a learned Single Judge during the pendency of the writ petition, the Larger Bench in K.S. Das v. State of Kerala [ 1992 (2) KLT 358 ] held that the word ‘order’ in Section 5(i) of the Act includes, apart from other orders, orders passed by the High Court in miscellaneous petitions f