KERALA HIGH COURT
Anil K. Narendran, J.
V. N. Public Health and Educational Trust – Appellant
Versus
Kerala University of Health Sciences – Respondent
W. P. (C) No. 26397 of 2020 | W. P. (C) No. 26777 of 2020 | W. A. Nos. 1401 of 2020 & 1413 of 2020
| Table of Content |
|---|
| 1. petitioner seeks writ for medical college approval. (Para 1 , 2) |
| 2. another writ petition regarding essentiality certificate. (Para 3) |
| 3. court hears parties and reviews applications. (Para 4 , 5) |
| 4. petitioner's contention against rejections outlined. (Para 6 , 7) |
| 5. court emphasizes deficiencies in medical college standards. (Para 8 , 10 , 11) |
| 6. legal precedent on standards for medical college approvals. (Para 12 , 13 , 14) |
| 7. discussion on essentiality certificate and its requirements. (Para 19 , 20 , 21) |
| 8. affiliation processes not merely formalities. (Para 22 , 23 , 24) |
| 9. court's decision based on thorough evaluation of deficiencies. (Para 25 , 26) |
| 10. final order dismissing petitions with no costs. (Para 28) |
1. Since common issues are raised, these writ petitions are heard together and are being disposed of by this common judgment.
2. W. P. (C) No. 26397 of 2020: - The petitioner, namely, V. N. Public Health and Educational Trust, has filed this Writ Petition under Art.226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P9 order dated 23/11/2020 of the 1st respondent Kerala University of Health Sciences, whereby the application made by the petitioner for consent of affiliation for starting a new medical college with an annual intake of 150 seats for MBBS, for the academic year 2021-22, stands rejected for the reasons stated therein. The petitioner has also sought for a writ of mandamus commanding the 1st respondent University to issue consent of affiliation, in proper format, and communicate the same to the 2nd respondent National Medical Commission and also the 3rd respondent Central Government, forthwith, at any rate, before 15/12/2020.
2.1. The petitioner had earlier approached this Court in W. P. (C) No. 27266 of 2019 challenging the order passed by the State Government rejecting the application for essentiality certificate for starting a medical college with an intake of 150 seats for MBBS, for the academic year 2020-21, and W. P. (C) No. 29098 of 2029 challenging the order passed by the 1st respondent Kerala University of Health Sciences rejecting the application for consent of affiliation for starting a new medical college with an annual intake of 150 seats for MBBS, for the academic year 2020-21. The petitioner has also filed W. P. (C) No. 34275 of 2019 seeking an order directing the Central Government and the Medical Council of India to process the application seeking permission to establish a new medical college with an intake of 150 seats for MBBS, for the academic year 2020-21. By Ext.P2 judgment dated 12/10/2020, this Court allowed W. P. (C) No. 27266 of 2019 and dismissed W. P. (C) Nos. 29098 of 2019 and 34275 of 2019. Paragraph 39 of the said judgment reads thus;
"39. In the circumstances, this Court is of the considered opinion that these Writ Petitions have to be disposed of with appropriate orders / directions, in the facts of the case. The writ petitions are accordingly disposed of with the following directions:
(1) W. P. (C) No. 27266 of 2019 is allowed to the extent of setting aside Ext.P6.
(2) W. P. (C) Nos. 29098 of 2019 and 34275 of 2019 are dismissed.
(3) In the event of petitioner submitting application for essentially certificate for the year 2022-23 for starting Medical College, the 1st respondent - State of Kerala in W. P. (C) No. 27266 of 2019 shall consider the said application on merits taking into consideration the findings and observations made hereinabove, and pass orders thereon within a period of one month from the date of receipt of the application.
(4) If the petitioner makes a request to the 2nd respondent - University in W. P. (C) No. 29098 of 2019 for issuance of Consent of Affiliation, the 2nd respondent shall permit the petitioner to make formal application by opening its portal for a period of five days with intimation to the petitioner, without insisting upon essentially certificate from the 1st respondent and shall take a decision thereon within




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