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2022 Supreme(Online)(KER) 48177

HIGH COURT OF KERALA
SMANIKUMAR, CJ, SHAJI P.CHALY, J
V. N. PUBLIC HEALTH AND EDUCATIONAL TRUST – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri. Amit Kumar (Senior), Sri. S. Vinod Bhat, Smt. Anagha Lakshmy Raman
For the Respondents: Sri. Manu S., ASG of India, Sri. V. Manu, Senior Government Pleader, Sri. P.Sreekumar, SC, Kerala University of Health Sciences

Table of Content
1. petitioner seeks essentiality certificate for a new medical college. (Para 2 , 3 , 4)
2. state government's stance on ec and regulatory compliance. (Para 6 , 8 , 10)
3. response by the government highlighting procedural adherence. (Para 12)
4. judicial review of government's compliance with medical education standards. (Para 24 , 25 , 30)
5. findings on deficiencies impacting compliance with national medical commission standards. (Para 31 , 33)
6. rejection of ec on grounds of insufficient infrastructure and compliance with nmc. (Para 39 , 44)

JUDGMENT

Shaji P. Chaly, J

Instant writ appeal is filed by the petitioner in W.P(C) No.21894/2021 against the judgment dated 31.05.2022, by which a learned single Judge of this Court, after considering Exhibit-P21 inter party judgment of the Hon’ble Division Bench in WA No.1194/2021 dated 17.09.2021; Exhibit-P33 report of the DME dated 22.09.2021, and consequential Exhibit P23 order of the State Government, disposed of the writ petition with the following directions:

“21. In view of the facts and circumstances discussed above, the writ petition is disposed of with the following directions:-

(i) It is declared that the 1st respondent

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