IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ.
Under Graduate Medical Education Board National Medical Commission – Appellant
Versus
V.N. Public Health And Education Trust – Respondent
WA NO. 2466 OF 2025
Decided on : 29-10-2025
| Table of Content |
|---|
| 1. challenge against a single judge's order. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments presented by the appellants and respondents. (Para 8 , 9 , 10 , 11) |
| 3. analysis of regulations and compliance requirements. (Para 12 , 13) |
| 4. contentions regarding compliance with court directives. (Para 20 , 21) |
| 5. precedents regarding medical education standards. (Para 22 , 23 , 24 , 25) |
| 6. public notices and compliance issues with regulations. (Para 26 , 27 , 28) |
| 7. jurisdictional remedies for appeal. (Para 29) |
| 8. efficacious alternative remedies in legal proceedings. (Para 30 , 31 , 32) |
| 9. mandates of medical education regulations. (Para 33 , 34 , 35 , 36) |
| 10. final ruling on the writ appeal. (Para 37) |
JUDGMENT :
Anil K. Narendran, J.
1. The appellants, who are respondents 1 and 2 in W.P.(C)No. 32178 of 2025, have filed this writ appeal, invoking the provisions under Section 5 (i) of the Kerala High Court Act, 1958 , challenging the judgment dated 08.10.2025 of the learned Single Judge in that writ petition.
2. W.P.(C)No.32178 of 2025 is one filed by the petitioners (respondents 1 and 2 herein), namely, V.N. Public Health and Educational Trust and its Managing Trustee, seeking a writ of certiorari to quash Ext.P1 order dated 22.08.2025 of the 2nd respondent National Medical Commission (2nd appellant herein), in the appeal filed by Palakkad Institute of Medical Sciences, Walayar, under Section 22(3) of the National Medical Commission Act, 2019 , read with Section 9 of the Maintenance of Standards of Medical Education Regulations, 2023 , and Ext.P13 order dated 14.07.2025 of the 1st respondent Under Graduate Medical Education Board (1st appellant herein), whereby the Board decided to reduce 50 seats in Palakkad Institute of Medical Sciences, and granted conditional renewal of only 100 MBBS seats, for the academic session 2025-26; a declaration that for the institutions granted Letter of Permission (LoP) under the Establishment of Medical College Regulations, 1999, read with the Minimum Standard Requirements for 150 MBBS Admissions Annual Regulations, 1999, and the Minimum Requirements for Annual MBBS Admissions Regulations, 2020, yearly renewals till the grant of Letter of Recognition is governed by said norms; a writ of mandamus commanding the respondents (1st and 2nd appellants and the 3rd respondent University) to permit the petitioners to admit second batch of 150 MBBS students during the academic session 2025-26; a writ of mandamus commanding the respondents to grant LoP to the petitioners for 150 MBBS seats during the academic session 2025-26; and a writ of mandamus commanding the 3rd respondent Kerala University of Health Sciences to grant order of Continuation of Provisional Affiliation for 150 MBBS seats during the academic session 2025-26.
3. In W.P.(C)No.32178 of 2025, the petitioners sought for an interim order to permit them to admit the second batch of 150 MBBS students during the academic session 2025-26 and to direct the respondents to pass appropriate orders for the purpose thereof, pending disposal of the writ petition. On 25.08.2025, when the writ petition came up for admission as a ‘today motion’, it was adjourned to 27.08.2025. On 27.08.2025, the petitioners filed I.A.No.1 of 2025 for accepting an affidavit sworn to by the 2nd petitioner stating additional facts.
4. By the interim order dated 27.08.2025, the learned Single Judge directed the respondents to permit the petitioners to admit the second batch of 150 MBBS students, during the academic session 2025-26. The 3rd respondent University was directed to pass appropriate orders for that purpose, as early as possible. On 09.09.2025, the petitioners filed I.A.Nos.2 and 3 of 2025 in W.P.(C)No.32178 of 2025. I.A.No.2 of 2025 was filed seeking an order directing the respondents to pass orders in compliance with the interim order dated 27.08.2025, within a time limit to be stipulated by this Court, so as to enable the petitioners to admit 150 students in the second roun
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