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HIGH COURT OF KERALA
N. NAGARESH, J
MALABAR MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to enhance medical courses without state approval. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. state argues necessity of valid essentiality certificate. (Para 10 , 11 , 12) |
| 3. court examines validity of state requirements for medical college establishment. (Para 14 , 15 , 16) |
| 4. government must issue essentiality certificate in required format. (Para 17 , 18 , 19 , 20) |
| 5. challenge to state-imposed bank guarantee for essentiality certificate. (Para 21 , 22 , 23) |
| 6. supreme court confirms state's role in issuing essentiality certificates. (Para 24 , 25 , 26) |
| 7. national medical commission's authority on bank guarantees and stipends. (Para 27 , 28 , 29) |
| 8. court finds legality in state’s demand for bank guarantee. (Para 30 , 31) |
JUDGMENT
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 petiti
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