SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Online)(Ker) 44637

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



The rejection of affiliation and essentiality certificate for establishing a medical college was justified due to serious deficiencies in infrastructure, faculty, and clinical resources, highlighting the strict adherence to regulatory standards required for medical education.

Headnote:(A) Constitution of India - Article 226 - Writ of certiorari - Writ petitions seeking affiliation and essentiality certificate for establishing a new medical college - Requests rejected due to serious deficiencies found by inspection authorities - Deficiencies included infrastructure, clinical materials, and staff inadequacies; petitioner failed to remedy issues as required - No jurisdictional errors or mala fides demonstrated to warrant court’s intervention in findings of inspection reports. (Paras 9, 26, 28)

(B) Medical Education - Standards and approvals - Essentiality certificate and consent of affiliation necessary prerequisites for establishing a medical college - Rejection of applications held lawful due to lack of required infrastructure and facilities for proper medical education - Court emphasizes the importance of comprehensive medical training and adequate resources for patient safety and professional readiness. (Paras 8, 12, 28)

Facts of the case:
Petitioner sought to establish a medical college with 150 MBBS seats, faced denials for affiliation and essentiality certificates from the University and State due to lacking infrastructure, faculty, and clinical materials despite prior certificates issued in earlier years.

Findings of Court:
The petitioner's applications were rejected based on substantial deficiencies regarding infrastructure, equipment, and faculty as per multiple inspection reports conducted by competent medical authorities.

Issues: The main questions involved standard deficiencies in the vital areas of medical education infrastructure and the adequacy of clinical material as per regulatory demands for establishing a new medical institution.

Ratio Decidendi: The court ruled that the deficiencies cited in the inspection reports justified the rejection of the applications, asserting that standards set by medical councils are to be strictly adhered to in order to maintain educational integrity and public health standards.

Result: Writ petitions dismissed.

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





































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top