V.N.Public Health & Educational ... vs State Of Kerala
2021 Latest Caselaw 17648 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
   FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                     WP(C) NO. 12550 OF 2021
PETITIONER:

         V.N.PUBLIC HEALTH & EDUCATIONAL TRUST
         A2, JAWAHAR NAGAR COLONY, SALES TAX OFFICE ROAD,
         KOZHIKODE, REPRESENTED BY ITS MANAGING TRUSTEE-
         V.ANIL KUMAR
         BY ADVS.
         S.VINOD BHAT
         ANAGHA LAKSHMY RAMAN


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         DEPARTMENT OF HEALTH AND FAMILY WELFARE,
         SECRETARIAT, THIRUVANANTHAPURAM-695 001
    2    DIRECTORATE OF MEDICAL EDUCATION,
         MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011
    3    KERALA UNIVERSITY OF HEALTH SCIENCES,
         MEDICAL COLLEGE P.O., THRISSUR-680 596,
         REPRESENTED BY ITS REGISTRAR
    4    NATIONAL MEDICAL COMMISSION,
         DWARAKA, NEW DELHI-110 077, REPRESENTED BY ITS
         CHAIRMAN
    5    UNION OF INDIA,
         REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
         MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN
         BHAVAN, NEAR UDYOG BHAVAN METRO STATION, MOULANA
         AZAD ROAD, NEW DELHI-110 011
 W.P.(C)No.12550 of 2021
                                        :-2-:

                BY ADVS.
                SRI.MANU V., SR.GOVERNMENT PLEADER
                SRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
                HEALTH SCIENCES
                SRI.TITUS MANI
                SRI.P.VIJAYAKUMAR, ASGI




        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    09.08.2021,         THE   COURT    ON     27.08.2021   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.12550 of 2021
                                       :-3-:

                      Dated this the 27th day of August, 2021


                                JUDGMENT

The petitioner is a Trust, setup with the object of promoting

education in health and medicine. The petitioner claims to have set up

a 300 bed hospital in Walayar, Palakkad District in 2006. They had

approached the Government for issuance of an Essentiality Certificate

(hereinafter referred to as, 'EC') for starting a Medical College in

Palakkad district. The Respondents have rejected the request. The

petitioner challenges the rejection.

2. The petitioner had been granted an EC on 24.1.2004 for

starting a course with 100 seats. The Medical Council of India

(hereinafter referred to as, 'MCI') rejected the EC since the same was

not in the required format. Thereafter, on 18.6.2009 the petitioner was

issued with an EC, but the MCI again rejected the application since

the EC was issued beyond the time prescribed for consideration. The

petitioner was issued with EC for the third time on 12.1.2011, which

was valid for the academic years 2011-12 and 2012-13. By then the

Kerala University of Health Sciences(hereinafter referred to as, W.P.(C)No.12550 of 2021 :-4-:

'KUHS') had been formed. Starting of a Medical College required the

Consent of Affiliation ('CoA', for short) from the KUHS. The KUHS

granted CoA much after the time schedule. The petitioner did not

establish a college either during 2011-12 or during 2012-13. On

10.6.2014, the State government issued a renewed EC. The

Certificate contained clerical errors and a corrected EC was issued on

11.12 2015, much after the date for submission of the application to

the Central Government for establishment of Medical College.

Consequently, the MCI once again rejected the application for the

academic year 2014-15. While so, the application submitted by the

petitioner for the year 2015-16 was rejected by the Government of

India on 17.10.2014 for the reason that the CoA submitted along with

the proposal was not valid for the academic year 2015-16. The

petitioner had preferred W.P.(c) No. 29462 of 2014, and this Court had

passed an interim order on 22.11.2014 directing the MCI to consider

the application provisionally and directing the KUHS to conduct

inspection for grant of a fresh CoA. The petitioner was granted

provisional CoA by KUHS, for the Academic year 2016-17. However

the State Government issued EC for the said year only on 31.8.2015, W.P.(C)No.12550 of 2021 :-5-:

which was the last date for submission of application and it was also in

a wrong format. The petitioner filed W.P.(c) No. 25705 of 2015. On

25.11.2015, this Court directed the State Government to correct the

format and also directed the Central Government to consider the

application of the petitioner. A revised EC was issued to the petitioner

on 11.12.2015. However, the MCI had filed SLP No. 5326 of 2016, on

the ground that the EC was issued belatedly and the petitioner's

application is not liable to be considered. Civil Appeal arising out of

the above SLP was allowed and the judgment of this Court was set

aside. The petitioner had again moved the High Court by filing W.P.(c)

Nos. 21581 of 2017 and 22103 of 2017 alleging non-consideration of

the application by the State government and the KUHS. On

28.9.2017, the State government rejected the application for renewal

of EC, which was challenged in W.P.(c) 40290 of 2017. Even though

directions were issued by a learned Single Judge, the operation of the

judgment in the above Writ Petition was stayed by a Division Bench of

this Court in Writ Appeal Nos. 1370 and 1372 of 2018. The petitioner

thereafter applied for EC and CoA for the academic year 2020-21,

before the Government and KUHS. This was followed up by filing Writ W.P.(C)No.12550 of 2021 :-6-:

Petition Nos. 18238 and 23460 of 2019. W.P(c) 23460 of 2019 was

disposed of on 4.9.2019 directing the State government to take a

decision on the matter at the earliest at any rate within 45 days from

the date of receipt of the order. However, W.P.(c) 18238 of 2019, was

dismissed on 5.9.2019 on the ground that the last date for submission

of application before the MCI was over. On 9.9.2019, the MCI granted

10 days' time for submission of relevant documents. The petitioner

once again filed W.P.(c) No. 25254 of 2019 seeking a direction to

KUHS to revise the CoA for the academic year 2020-21. This Court

issued an interim order directing to consider the application submitted

by the petitioner. On 27.9.2019, KUHS rejected the application. W.P.

(c) No.25254 of 2019, was withdrawn by the petitioner with liberty to

challenge the order dated 27.9.2019. On 1.10.2019, the State

Government rejected the application for grant of EC. The petitioner

challenged the above order by filing W.P.(c) No. 27266 of 2019. The

petitioner challenged the order dated 27.9.2019 issued by KUHS in

WP(c) 29098 of 2019. On 19.11.2019, this Court disposed of WP(c)

27266 of 2019 directing the State Government to issue EC to the

petitioner on or before 30.11.2019 and further directing the MCI to W.P.(C)No.12550 of 2021 :-7-:

accept the renewed EC as one received in time. Writ Appeal filed by

the State was dismissed by a Division Bench by judgment dated

5.12.2019. The judgment of the Division Bench was challenged in SLP

No. 3008 of 2019. The petitioner had filed W.P.(c)No.34275 2019

seeking a direction to the MCI for processing the application of the

petitioner, without insisting upon EC and CoA. The above said Writ

Petition was disposed of by judgment dated 13.12.2019 directing the

MCI and the Union of India to process the application of the petitioner,

without insisting on EC and CoA subject to the outcome of SLP No.

3008 of 2019. The order dated 13.12.2019 was challenged before the

Hon'ble Supreme Court. On 7.8.2020, the Hon'ble Supreme Court set

aside the orders passed in W.P.(c) No. 34275 of 2019 and Writ appeal

No. 2443 of 2019 and directed that W.P.(c) Nos. 27266, 29098 and

34273 of 2019, all of which relate to the Academic year 2020-21, are

to be heard together and finally decided. Pursuant to the judgment of

the Hon'ble Supreme Court, a learned Single judge heard the above 3

cases and by order dated 12.2.2020, W.P.(c) Nos. 29098 and 34275

of 2019 were dismissed and W.P.(c) No. 27266 of 2019 was allowed

to the extent of setting aside the order dated 1.10.2010 issued by the W.P.(C)No.12550 of 2021 :-8-:

State Government, denying NOC and EC for starting new medical

College. The learned Single Judge further directed that if the petitioner

submits an application for EC for the academic year 2022-23, the

State Government shall consider the same on merits, taking into

consideration the findings and observations made in the judgment and

pass orders within one month from the date of receipt of the

application. Being not satisfied with the above directions, the petitioner

filed a review petition, which was dismissed. The petitioner filed

W.A.Nos.1401 and 1413 of 2020, challenging the findings of the

learned Single Judge that the time schedule prescribed for starting a

Medical college for the year 2020-21 is already over and no relief can

be granted with respect to the said academic session. A Division

Bench of this Court, by judgment dated 3.11.2020, modified the

directions issued by the learned Single Judge to the extent of directing

the Respondents to consider the petitioner's application for the

establishment of Medical College for the academic year 2021-22. The

Division Bench gave time-bound instructions to the State and the

University to jointly carry out an inspection to see whether EC could

be issued and whether CoA could be given for the year 2021-22. The W.P.(C)No.12550 of 2021 :-9-:

above order of the Division Bench was challenged by the petitioner

before the Hon'ble Supreme Court by filing SLP Nos.14219 and 14220

of 2020. Special Leave was granted and the cases were renumbered

as Civil Appeal Nos.703 and 704 of 2021. By judgment dated

24.2.2021, the civil appeals were dismissed. The Hon'ble Supreme

Court held that the relief as prayed by the petitioner for the academic

year 2020-21 cannot be granted. The Supreme Court in the last

paragraph of the judgment observed that it is left open to the petitioner

to make an appropriate application for grant of EC and CoA for the

next academic year before the concerned authority in accordance with

the time schedule after removing the alleged deficiencies and in case

any such applications are made, the same shall be disposed of by the

concerned authorities in accordance with law and the procedure

prescribed. However, the above observation has to be read along with

the observations in the previous paragraph that the time schedule

prescribed for starting new medical College for the year 2020-21 is

already over long back and that even the date for the academic year

2021-22, which was extended upto 15.12.2020 in view of the Covid 19

pandemic, is also over by now. It is thus evident that the observation W.P.(C)No.12550 of 2021 :-10-:

of the Hon'ble Supreme Court in the last paragraph cannot relate to

the academic year 2021-22.

3. Regarding the Academic year 2021-22, the petitioner's

request for CoA was rejected by the KUHS on 23.11.2020 and his

request for EC was rejected by the State Government on 21.11.2020.

The above two orders were challenged by the petitioner in W.P.

(c)Nos.26397 and 26777 of 2020. The above two Writ petitions were

considered by learned Single Judge and by a detailed judgment dated

15.12.2020, the learned Judge dismissed both the Writ petitions. It

can thus be seen that the issue regarding grant of EC and CoA by the

State Government and the University for the academic years up to

2021-22 stands concluded.

4. It appears that the petitioner had filed yet another writ

petition as W.P.(c)No.11004 of 2021 before this Court praying for

directions to the Government and the KUHS to take a decision on the

requests for issuance of EC and CoA at the earliest. By Ext.P5

judgment dated 25.5.2021, this Court directed the respondents to take

up the request made by the petitioner and take appropriate decision.

It is not clear from the above judgment as to the Academic year for W.P.(C)No.12550 of 2021 :-11-:

which the requests are said to be pending. Even though by judgment

dated 15.12.2020, this Court had rejected the challenge regarding EC

and CoA for the academic year 2021-22, Ext.P1 judgment relating to

the previous academic year was issued only on 24.2.2021. The

petitioner apparently took cue from the observations in the last

paragraph of Ext.P1 judgment to revive a claim for consideration of

the request for the academic year 2021-22. This appears to be the

reason for the nature of the prayers made in this writ petition.

5. The first prayer in this Writ petition is for quashing Exhibit

P7 order issued by the 1 st respondent. Exhibit P7 order dated

31.5.2021 says that as per Ext.P4 inspection report of the DME, the

operation theatres are nearing completion as a separate block and

dialysis room is getting completed. As far as equipments are

concerned, it is stated that the referred equipments in major

departments are now being arranged. It is further stated that blood

bank license is yet to be obtained and that the faculties are deficient. It

was further stated that the infrastructure needs refinement in terms of

redistribution and strengthening in areas of wards, theatres,

emergency department, Central lab, pre and para clinical labs etc. W.P.(C)No.12550 of 2021 :-12-:

For the above reasons, it is stated that request for EC is not

admissible. The subject referred to in the above order says that the

application is for the academic session 2021-22 and 2022-23.

Another prayer in the Writ petition is for a direction to the 3 rd

respondent to act upon Exhibit P4 inspection report dated 22.4.2021

for issuance of CoA.

6. Heard the Counsel on either side at length. The counsel

for the petitioner relied on the last paragraph of Ext.P1 and sought for

directions to the respondents to consider the requests for EC and CoA

for the academic year 2021-22. The judgment dated 15.12.2020 of the

learned Single Judge had not been produced along with the writ

petition. However, the 3rd respondent produced the said judgment

along with a statement on behalf of the 3 rd respondent to contend that

the petitioner cannot seek any directions regarding the academic year

2021-22. In the above situation, the counsel for the petitioner confined

his arguments for grant of EC for the academic year 2022-23. On

7.7.2021, this Court had issued an interim direction, directing the

petitioner to approach the Government with a proper application for

EC and further directing the Government to consider the application W.P.(C)No.12550 of 2021 :-13-:

so filed. The petitioner has thereafter submitted Exts.P40 and P41

applications before the respondents for issuance of EC for the

academic year 2022-23. The thrust of the argument is that the

deficiencies pointed out now are deficiencies which are not actually

existing. It is contended that a comparison of Ext.P4 report with the

earlier report Ext.P9 would show that the deficiencies that were

pointed out had been rectified by the time the inspection was

conducted in April, 2021 and that the report recommends that EC can

be granted. It is the case of the petitioner that some of the aspects

pointed out as deficiencies are not deficiencies which need to be

looked into at the stage of grant of EC and needs to be looked into

only at the stage of issuance of letter of permission. It is submitted

that regarding the Blood Bank every arrangement has been made and

the request for permission to start the Blood Bank is pending with the

appropriate authorities. It is contended that Ext.P7 does not

specifically consider the aspect whether the petitioner can be granted

EC for the academic year 2022-23.

7. The Special Government Pleader submitted that the first

Medical College in the Palakkad district was established in 2006 and W.P.(C)No.12550 of 2021 :-14-:

that two more Medical colleges were established in the district in

2014, one within the Palakkad town and another at Ottapalam.

Another Medical College was started in 2016, but the same was

closed down from the academic year 2017-18 onwards and the

students had to be accommodated in other colleges. It is submitted

that the State while granting NOC and EC has to undertake to ensure

that the students admitted to a College are not affected by the closure

of the College and hence, the State Government cannot be faulted for

having taken a decision that there is no requirement for another

Medical College in the district. Apart from the above reason, it is also

submitted that even by Ext.P4, the petitioner has not satisfied the

requirements for grant of EC. It was further stated that as far as the

academic year 2021-22 is concerned, this Court has already

considered the request of the petitioner and rejected the Writ petitions.

Referring to Ext.P1 it is submitted that the petitioner has not set right

the deficiencies and thereafter approached the Government, as was

directed in the judgment.

8. The Standing counsel for the University submits that there

is no prayer in the Writ Petition for grant of EC for the year 2022-23. It W.P.(C)No.12550 of 2021 :-15-:

is pointed out that the report of the University regarding the

deficiencies was considered and upheld in the Exhibit P1 judgment of

the Hon'ble Supreme Court. It is further pointed out that even Exhibit

P4 report, which is relied on by the petitioner shows that the work is

still going on. The Counsel points out that Exhibit P1 judgment covers

the issue and the petitioner is not entitled to any relief. The Counsel

also points out that the time schedule fixed by the University for

consideration of requests for grant of CoA for the academic year 2022-

23 is already over.

9. The Standing Counsel for the National Medical

Commission, which has replaced the MCI, submits that no fresh time

schedule has been fixed after the formation of the National Medical

Commission and that the earlier time schedule fixed by the MCI is not

being followed presently. The Counsel submitted that an application

for the year 2022-23 can still be considered by the National Medical

Commission, since no period has so far been fixed for consideration.

10. Having considered the entire facts, I find that during the

initial years, the petitioner had been granted EC and CoA by the

Government and the University, and it was only due to certain W.P.(C)No.12550 of 2021 :-16-:

technical snags that they could not start the Medical College.

However, from the year 2020 onwards, the Inspection reports did not

favour the grant of EC and CoA to the petitioner, which resulted in the

rejection of the requests made for the academic years 2020-21 and

2021-22. As far as the academic year 2022-23 is concerned, a

learned Single Judge of this Court had directed in the judgment dated

12.10.2020, that the petitioner can approach the Government by

submitting an application for the said year, but the petitioner was not

satisfied with the direction at that point of time and had sought

modification of the same in appeal. The said litigation ended in Ext.P1

judgment, wherein the Hon'ble Supreme Court made the

observations, which have been mentioned in the earlier paragraphs.

Since the applications for the academic year 2022-23 are pending

consideration of the 1st respondent as Exts.P40 and P41 applications,

I am of the opinion that interests of justice require that the said

applications are directed to be considered and disposed of

immediately having due regard to the urgency of the situation. The 3 rd

respondent will have to consider grant of CoA after a decision is taken

by the 1st respondent. Even though the Counsel for the 3 rd respondent W.P.(C)No.12550 of 2021 :-17-:

has submitted that the time for consideration of a request for the

academic year 2022-23 is already over as per the schedule fixed by

the University, having regard to the submissions of the Standing

Counsel for the 4th respondent that they are not insisting for the time

schedule fixed earlier by the MCI and that no time schedule has as

such been fixed for consideration of requests for the academic year

2022-23, interest of justice requires the condonation of delay in

approaching the 3rd respondent, in the case of the petitioner, in the

special circumstances that have been mentioned above.

In the result, the writ petition is disposed of directing the 1 st

respondent to consider and pass orders on Exts.P40 and P41 in

accordance with law within 3 weeks from the date of receipt of a copy

of this judgment. If the petitioner is issued with an EC, the petitioner

may approach the 3rd respondent with a proper application for

issuance of CoA, within one week of receipt of such EC and the 3 rd

respondent, shall consider the request and pass orders within three

weeks of the receipt of such application. The 3 rd respondent shall not

insist on the dates for submission of application and treat the

application as one filed within time, in the special circumstances of this W.P.(C)No.12550 of 2021 :-18-:

case.

The writ petition is disposed of as above. The parties will bear

their respective costs.

All pending interlocutory applications are closed.

Sd/-

T.R.RAVI, JUDGE ami/ W.P.(C)No.12550 of 2021 :-19-:

APPENDIX OF WP(C) 12550/2021

PETITIONER EXHIBITS Exhibit P1 COPY OF THE JUDGMENT DATED 24.02.2021 IN S.L.P (C) NO.14219-14220 OF 2020 OF SUPREME COURT OF INDIA Exhibit P2 COPY OF LETTER NO.DME/4017/2020-B4 DATED 09.04.2021 OF 2ND RESPONDENT Exhibit P3 COPY OF LETTER NO.S3/76/2021-HEALTH DATED 19.03.2021 ISSUED BY 1ST RESPONDENT TO 2ND RESPONDENT Exhibit P4 COPY OF REPORT NO. DME/4017/2020-B4 DATED 22.04.2021 OF 2ND RESPONDENT Exhibit P5 COPY OF STATEMENT FILED BY 1ST RESPONDENT IN WPC 11004/2021 OF HIGH COURT OF KERALA Exhibit P6 COPY OF JUDGMENT DATED 25.05.2021 IN WPC 11004/2021 OF HIGH COURT OF KERALA Exhibit P7 COPY OF THE ORDER NO.S3/76/2021-HEALTH DATED 31.05.2021 OF 1ST RESPONDENT Exhibit P8 COPY OF LETTER NO.VNPT/H & FWD/ ESSENTIALITY CERTIFICATE /006/2021 DATED 11.06.2021 WITH ANNEXURES Exhibit P9 COPY OF INSPECTION REPORT DATED 13.11.2020 OF 2ND RESPONDENT Exhibit P10 COPY OF ANNEXURE-I AND ANNEXURE-IA OF 2020 REGULATION (NOTIFICATION DATED 28.10.2020 OF 4TH RESPONDENT Exhibit P11 COPY OF APPLICATION DATED 16.3.2021 SUBMITTED BEFORE THE 1ST RESPONDENT UNDER RIGHT TO INFORMATION ACT Exhibit P12 COPY OF REPLY NO.S3/80/2021 HEALTH DATED 20.03.2021 OF 1ST RESPONDENT W.P.(C)No.12550 of 2021 :-20-:

Exhibit P13 COPY OF LETTER NO.VNPT/KUHS/CONSENT OF AFFILIATION/03/2021 DATED 15.03.2021 SENT BY THE PETITIONER TO 3RD RESPONDENT Exhibit P14 COPY OF LETTER NO.VNPT/KUHS/CONSENT OF AFFILIATION/04/2021 DATED 12.04.2021 SENT BY THE PETITIONER TO 3RD RESPONDENT Exhibit P15 COPY OF LETTER NO.VNPT/KUHS/CONSENT OF AFFILIATION/04/2021 DATED 20.04.2021 SENT BY THE PETITIONER TO 3RD RESPONDENT Exhibit P16 COPY OF LETTER NO.S3/8/2021-HEALTH DATED 05.01.2021 ISSUED BY THE 1ST RESPONDENT TO THE STANDING CONSEL Exhibit P17 COPY OF ESSENTIALITY CERTIFICATE NO.37489/S3/2003/HFWD DATED 24.1.2004 Exhibit P18 COPY OF ESSENTIALITY CERTIFICATE NO.17633/S3/2008/H&FWD DATED 28.6.2008 Exhibit P19 COPY OF RENEWED ESSENTIALITY CERTIFICATE NO.17633/S3/2008/H&FWD DATED 18.6.2009 Exhibit P20 COPY OF ESSENTIALITY CERTIFICATE NO.18681/S3/2014/H&FWD DATED 10.6.2014 Exhibit P21 COPY OF RENEWED ESSENTIALITY CERTIFICATE NO.236265/S3/2015/H&FWD DATED 31.8.2015 Exhibit P22 COPY OF RENEWED ESSENTIALITY CERTIFICATE NO.19602/S3/2016/H&FWD DATED 11.12.2015 Exhibit P23 COPY OF LETTER OF REJECTION NO.MCI-

34(41)(E-96)2013-MED/53499 DATED 25.1.2014 ISSUED BY MEDICAL COUNCIL OF INDIA.

Exhibit P24 COPY OF JUDGMENT DATED 29.4.2016 IN WPC 16461/2016 OF HIGH COURT OF KERALA Exhibit P25 COPY OF NO OBJECTION CERTIFICATE 78/2020/SBTC-1/KSACS DATED 18.3.2021 ISSUED KERLA STATE BLOOD TRANSFUSION COUNCIL W.P.(C)No.12550 of 2021 :-21-:

Exhibit P26 COPY OF THE ORDER (NO OBJECTION CERTIFICATE) NO.G.O.

(Rt)NO.2474/2003/H&FWD DATED 22.8.2003 OF THE 1ST RESPONDENT Exhibit P27 COPY OF LETTER NO.MCI/34(41)2012-

MED/15603 DATED 23.1.2013 ISSUED BY 4TH RESPONDENT Exhibit P28 COPY OF LETTER NO.MCI/34(41)E-96/2013-

MED/53449 DATED 25.1.2014 ISSUED BY 4TH RESPONDENT Exhibit P29 COPY OF THE ORDER DATED 22.11.2014 IN WPC 29462/2014 OF HIGH COURT OF KERALA.

Exhibit P30 COPY OF THE ORDER DATED 31.8.2015 IN WPC 24021/2015 OF HIGH COURT OF KERALA Exhibit P31 COPY OF JUDGMENT DATED 29.4.2016 IN WPC 16461/2016 OF HIGH COURT OF KERALA Exhibit P32 COPY OF JUDGMENT DATED 3.11.2020 IN W.A.1413/2020 OF HIGH COURT OF KERALA Exhibit P33 COPY OF LETTER NO.VNPT/KUHS/CONSENT OF AFFILIATION/11/2020 (COMPLIANCE REPORT) DATED 23.11.2020 SENT BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P34 COPY OF THE LETTER NO.910/Aca(B) 2018/TMCK DATED 28.6.2019 OF TRAVANCORE MEDICAL COLLEGE Exhibit P34(a) COPY OF ORDER NO.G.O.(Rt)NO.1538/2019/ H&FWD DATED 28.6.2019 Exhibit P34(b) COPY OF REVISED ESSENTIALITY CERTIFICATE NO.39039/S3/2010/H&FWD DATED 13.9.2010 GRANTED TO QUILON MEDICAL TRUST Exhibit P34(c) COPY OF ORDER NO.G.O.(Rt)NO.2402/2015/ H&FWD DATED 27.7.2015 Exhibit P34(d) COPY OF E-MAIL DATED 14.11.2018 SENT BY 3RD RESPONDENT TO TRAVANCORE MEDICAL COLLEGE W.P.(C)No.12550 of 2021 :-22-:

Exhibit P34(e) COPY OF THE LETTER NO.910/Aca(B) 2018/TMCK DATED 14.11.2018 SENT BY TRAVANCORE MEDICAL COLLEGE TO 3RD RESPONDENT Exhibit P34(f) COPY OF LETTER OF CONSENT NO.3194/Ac-

1/1/2010/KUHAS DATED 11.11.2020 OF 3RD RESPONDENT Exhibit P34(g) COPY OF THE LETTER NO.910/Aca(B) 2018/TMCK DATED 29.6.2019 SENT BY TRAVANCORE MEDICAL COLLEGE Exhibit P34(h) COPY OF REVALIDATED CONSENT OF AFFILIATION NO.1383/AC1/Med B2/2018/KUHS DATED 4.7.2019 ISSUED BY 3RD RESPONDENT Exhibit P35 COPY OF LETTER NO.19833/2019/AC/GN2/KUHS DATED 21.10.2019 ISSUED BY 3RD RESPONDENT Exhibit P36 COPY OF THE APPLICATION FOR STARTING A NEW COLLEGE/COURSE DATED 4.11.2020 SUBMITTED BY THE PETITIONER Exhibit P37 COPY OF LETTER NO.VNPT/KUHS/CoA/04/2021 DATED 20.4.2021 SENT BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P38 COPY OF LETTER NO.VNPT/KUHS/CONSENT OF AFFILIATION/07/2021 DATED 4.7.2021 SENT BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P39 COPY OF NOTIFICATION NO.25494/AC1/GEN/A2/2020/KUHS DATED 22.2.2021 OF 3RD RESPONDENT Exhibit P40 COPY OF LETTER/APPLICATION NO.VNPT/H&FWD/EC/007/2021 DATED 12.7.2021 SENT BY THE PETITIONER TO 1ST RESPONDENT Exhibit P41 COPY OF LETTER/APPLICATION NO.VNPT/H&FWD/EC/007/2021 DATED 19.7.2021 SENT BY THE PETITIONER TO 1ST RESPONDENT W.P.(C)No.12550 of 2021 :-23-:

RESPONDENTS' DOCUMENTS :

ANNEXURE I TRUE COPY OF THE G.O.

(Rt)NO.1242/2021/H&FWD DATED 11.6.2021 ANNEXURE II TRUE COPY OF THE RECORDS SLIP CONTAINING THE NOTING OF THE RECORDS SECTION ANNEXURE III TRUE COPY OF THE OFFICE SECTION DISPATCH REGISTER OF S3 SECTION OF THE HEALTH AND FAMILY WELFARE DEPARTMENT DATED 16.6.2021 ANNEXURE IV TRUE COPY OF THE DISPATCH REGISTER OF THE DISPATCH SECTION OF THE HEALTH AND FAMILY WELFARE DEPARTMENT DATED 18.6.2021 ANNEXURE V TRUE COPY OF LETTER DATED 27.5.2021 CAUSED BY THE PETITIONER TO THE 1ST RESPONDENT ANNEXURE VI TRUE COPY OF LETTER DATED 29.5.2021 CAUSED BY THE PETITIONER COPIED TO THE 1ST RESPONDENT

Exhibit R3A A TRUE COPY OF THE JUDGMENT DATED 15.12.2020 IN WPC NO.26397 OF 2020

Exhibit R3B A TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER ON 30.4.2021