Malabar Medical College Hospital & ... vs National Medical Commission
2023 Latest Caselaw 13209 Ker

Kerala High Court

Malabar Medical College Hospital & ... vs National Medical Commission on 15 December, 2023

Author: V.G.Arun

Bench: V.G.Arun

WA No.2076/2023                             1/2

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                    THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                          &
                          THE HONOURABLE MR.JUSTICE V.G.ARUN
             Friday, the 15th day of December 2023 / 24th Agrahayana, 1945
                                  WA NO. 2076 OF 2023

        AGAINST JUDGMENT DATED 23/11/2023 IN WP(C) 36552/2023 OF THIS COURT

   APPELLANT(S)/PETITIONERS:

      1. MALABAR MEDICAL COLLEGE HOSPITAL & RESEARCH CENTRE MODAKKALLUR,
         ULLIYERI, KOZHIKODE. REPRESENTED BY ITS CHAIRMAN, V. ANILKUMAR, PIN
         - 673323.
      2. V. ANILKUMAR AGED 54 YEARS SON OF CHATHUKUTTY, CHAIRMAN, MALABAR
         MEDICAL COLLEGE HOSPITAL & RESEARCH CENTRE, RESIDING AT A2, JAWAHAR
         NAGAR COLONY, SALES TAX OFFICE ROAD, KOZHIKODE, PIN - 673004.
      3. DR. VISHNU PREMRAJ AGED 29 YEARS S/O. ARAHANT, NEAR KADALAYI
         SREEKRISHNA TEMPLE, CHIRAKKAL, KANNUR, PIN - 670011.

    BY ADVS. M/S. S. VINOD BHAT, ANAGHA LAKSHMY RAMAN, GREESHMA CHANDRIKA R.
    & V. NAMITHA

   RESPONDENT(S)/RESPONDENTS:

      1. NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8, DWARAKA PHASE-1 NEW
         DELHI-110077. REPRESENTED BY ITS CHAIRMAN, PIN - 110077.
      2. MEDICAL ASSESSMENT AND RATING BOARD NATIONAL MEDICAL COMMISSION
         (NMC), POCKET-14, SECTOR-8, DWARAKA, PHASE-1, NEW DELHI REPRESENTED
         BY ITS PRESIDENT, PIN - 110077.
      3. COMMISSIONER FOR ENTRANCE EXAMINATIONS OFFICE OF THE COMMISSIONER
         FOR ENTRANCE EXAMINATIONS, 7TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
         THAMPANNOOR, THIRUVANANTHAPURAM, PIN - 695001.
      4. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         DEPARTMENT OF HEALTH AND FAMILY WELFARE,
         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

    BY GOVERNMENT PLEADER FOR R3 & R4


        Prayer for interim relief in the Writ Appeal stating that in the
   circumstances stated in the appeal memorandum, the High Court be pleased
   to stay all further proceedings based on judgment dated 23-11-2023 in
   W.P.(C) 36552/2023 of the High Court of Kerala, pending disposal of the
   writ appeal.


        This Writ Appeal coming on for orders on 15/12/2023 upon perusing
   the appeal memorandum, the Court on the same day passed the following:
 WA No.2076/2023                                   2/2




                                            ORDER

We refuse to grant the interim relief. Respondents are permitted to file additional affidavits. Appellants are directed to comply with the directions of the learned Single Judge.

Post on 23.01.2024.

Sd/- A.J. DESAI, CHIEF JUSTICE

Sd/- V.G. ARUN, JUDGE

15-12-2023 /True Copy/ Assistant Registrar