Kerala High Court
Malabar Medical College Hospital ... vs State Of Kerala on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 42539 OF 2022
PETITIONER:
MALABAR MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTER
MODAKKALLUR, ULLIYERI,KOZHIKODE-PIN - 673323
REPRESENTED BY ITS CHAIRMAN.
BY ADVS.
S.VINOD BHAT
ANAGHA LAKSHMY RAMAN
GREESHMA CHANDRIKA.R
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
OF HELATH AND FAMILY WELFARE, SECRETRIAT,
THIRUVANATHAPURAM , PIN - 695001
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O. THRISSUR, PIN - 680596
REPRESENTED BY ITS REGISTRAR.
3 NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR-8, DWARAKA PHASE-1
NEW DELHI-110077 REPRESENTED BY ITS CHAIRMAN.
4 MEDICAL ASSESSMENT AND RATING BOARD
NATIONAL MEDICAL COMMISSION (NMC), POCKET-14, S
ECTOR-8, DWARAKA, PHASE-1, NEW DELHI-110077
REPRESENTED BY ITS PRESIDENT.
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.
SRI P SREEKUMAR-SC; SRI S MANU-DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 42539 OF 2022
2
JUDGMENT
The petitioner - College seeks that the
Kerala University of Health Science (KUHS) be
directed to grant them consent of affiliation
forthwith so that they can apply to the Medical
Commission of India (MCI) for the purpose of
approval of the Super Specialty Course in
Cardiology, Gastroenterology, Critical
Medicine, Pulmonary Medicine.
2. However, in response to the submissions
of Vinod Bhat - learned counsel for the
petitioner, Sri.P.Sreekumar - learned Standing
Counsel for the KUHS, submitted that the afore
request is now practically impossible because
the cut of date fixed by the National Medical
Council (NMC) for making applications, along
with the Consent of Affiliation of his client
will expire today. He submitted that since the
petitioner has produced the Essentiality
Certificate from the Government only today, it
WP(C) NO. 42539 OF 2022
would not be possible for his client to conduct
any inspection, so as to lead to the issuance
of the Consent of Affiliation and hence that
the reliefs sought for in this writ petition
have now become virtually infructuous. He added
that the petitioner must now wait for the next
notification, to be issued by the KUHS; and
that if they do so, they will consider it in
its proper perspective.
3. In reply, Sri.Vinod Bhat - learned
counsel for the petitioner, submitted that the
NMC has been extending the time frame for
making their applications and it is possible
that it can happen even now. He, therefore,
prayed that if such an extension is granted,
then the KUHS be directed to consider their
application.
4. When I evaluate and assess the afore
submissions, it is evident that, going by the
statutory Scheme, the KUHS can issue a Consent
WP(C) NO. 42539 OF 2022
of Affiliation only if the application of the
petitioner is supported by the Essentiality
Certificate issued by the State. For some
reason, the issuance of the said certificate
has been delayed and the petitioner affirms
that they received it only today. Therefore, if
the KUHS is to now consider the application for
Consent of Affiliation, they will have to
conduct an inspection and complete such other
statutory requirements, which would not be
possible today by any standards. However, if
the NMC is to extend the time limit for
submission of application before them,
certainly, the KUHS then must assess the
application of the petitioner, in terms of law.
In the afore circumstances, I dispose of
this writ petition with the following
directions:
a) In the event the NMC is to extend the
deadline for submission of application for the
WP(C) NO. 42539 OF 2022
academic year 2023 - 24, then the KUHS will
immediately take up the application of the
petitioner for Consent of Affiliation and
commence proceedings for inspection and such
other, to complete it without any avoidable
delay.
b) I, however, clarify that the afore is
not an affirmative direction to the KUHS to
grant Consent of Affiliation and they must
follow every applicable statutory requirement
in doing so; and further that is only if they
are able to do so, leading to the petitioner to
submit the application before the NMC within
the cut of limit - extended or otherwise - can
the petitioner obtain any relief for the
academic year 2023-24.
c) If for any reason, the NMC is not to
extend the time limit, or the KUHS is unable to
complete their inspection and other proceedings
even within said extended time frame, if any,
WP(C) NO. 42539 OF 2022
the petitioner will be at liberty to make an
application for the next academic year, subject
to a notification being issued by the KUHS in
due course.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 42539 OF 2022
APPENDIX OF WP(C) 42539/2022
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF APPLICATION DATED 04-08-2021
Exhibit P2 THE TRUE COPY OF THE LETTER OF THE 1 ST
RESPONDENT DATED 09-09-2021
Exhibit P3 THE TRUE COPY OF THE REPLY DATED 20-10-2021
GIVEN BY THE PETITIONER
Exhibit P4 THE TRUE COPY OF LETTER DATED 10-03-2022
Exhibit P5 THE TRUE COPY OF LETTER DATED 14-06-2022
WRITTEN BY THE PETITIONER IN RESPONSE TO
EXT.P4
Exhibit P6 A TRUE COPY OF THE LETTER/ APPLICATION DATED
21-12-2022 PREFERRED BY THE PETITIONER BEFORE
THE 2 ND RESPONDENT
Exhibit P7 THE LETTER DATED 21-12-2022 SENT BY THE
PETITIONER TO THE 1 ST RESPONDENT
