V.N.Public Health And ... vs State Of Kerala
2021 Latest Caselaw 12539 Ker

WP(C) NO. 11004 OF 2021

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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                   THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
           TUESDAY, THE 25TH DAY OF MAY 2021 / 4TH JYAISHTA, 1943
                            WP(C) NO. 11004 OF 2021
PETITIONER:

         V.N.PUBLIC HEALTH AND EDUCATIONAL TRUST
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         A2, JAWAHAR NAGAR COLONY, SALES TAX OFFICE ROAD, KOZHIKODE,
         REPRESENTED BY ITS MANAGING TRUSTEE - V. ANIL KUMAR.

          BY ADVS.
          S.VINOD BHAT
          KUM.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.

          BY ADVS.
          GOVERNMENT PLEADER
          SRI.TITUS MANI


           SC TITU MANI VETTOM., SR GP BIJOY CHANDRAN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.05.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11004 OF 2021

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                                   JUDGMENT

st This writ petition is filed seeking directions to 1 and 3rd

respondents to take a decision with regard to the grant of the

Essentiality Certificate and the Consent of Affiliation at the earliest. It

is submitted by the learned counsel for the petitioner that the request for

the Essentiality Certificate as well as the Consent of Affiliation are

pending before the respective respondents and are liable to be decided

without delay.

2. A statement has been placed on record by the Special

Government Pleader on instructions from the 1st respondent stating that

the request for the Essentiality Certificate is pending before the

Government and that appropriate steps will be taken for consideration

of the same without delay.

3. Having heard the learned counsel on all sides, I am of the

opinion that it is for the 1st respondent to take an appropriate decision

on the request for Essentiality Certificate without delay.

There will, accordingly, be a direction to the 1st respondent to take

up the request made by the petitioner and to take an appropriate WP(C) NO. 11004 OF 2021

decision on the same within a period of three weeks from the date of

receipt of a copy of this judgment. Thereafter, depending on the

decision taken by the 1st respondent, appropriate decision shall be taken

by the 3rd respondent also.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 11004 OF 2021

APPENDIX ANNEXURE/EXHIBITS

EXHIBIT P1 COPY OF LETTER NO.DME/4017/2020-B4 DATED 09.04.2021 OF 2ND RESPONDENT.

EXHIBIT P2 COPY OF LETTER NO.S3/76/2021-HEALTH DATED 19.03.2021 ISSUED BY 1ST RESPONDENT TO 2ND RESPONDENT.

EXHIBIT P3 COPY OF LETTER NO.VNPT/ESSENTIALITY CERTIFICATE/04/2021 DATED 15.04.2021 ISSUED BY PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P4 COPY OF LETTER NO.VNPT/KUHS/CONSENT OF AFFILIATION/03/2021 DATED 15.03.2021 SENT BY THE PETITIONER TO 3RD RESPONDENT.

EXHIBIT P5 COPY OF LETTER NO.VNPT/KUHS/CONSENT OF AFFILIATION/04/2021 DATED 12.04.2021 SENT BY THE PETITIONER TO 3RD RESPONDENT.

EXHIBIT P6 COPY OF LETTER NO.VNPT/KUHS/CONSENT OF AFFILIATION/04/2021 DATED 20.04.2021 SENT BY THE PETITIONER TO 3RD RESPONDENT.

EXHIBIT P7 COPY OF THE LETTER NO.S3/8/2021-HEALTH DATED 05.01.2021 ISSUED BY THE 1ST RESPONDENT TO THE STANDING COUNSEL.