Kerala High Court
Malabar Medical College Hospital ... vs National Medical Commission on 19 October, 2023
WP(C) No.34757/2023 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Thursday, the 19th day of October 2023 / 27th Aswina, 1945
WP(C) NO. 34757 OF 2023 (T)
PETITIONERS:
1. MALABAR MEDICAL COLLEGE HOSPITAL & RESEARCH CENTRE, AGED 54 YEARS,
MODAKKALLUR, ULLIYERI, KOZHIKODE. REPRESENTED BY ITS CHAIRMAN, PIN -
673232
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
RESPONDENTS:
1. NATIONAL MEDICAL COMMISSION, POCKET-14, SECTOR-8, DWARAKA PHASE-1
NEW DELHI 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. THE KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS
REGISTRAR, MEDICAL COLLEGE P.O. THRISSUR, PIN - 680590
4. COMMISSIONER FOR ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER
FOR ENTRANCE EXAMINATIONS 7TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 4th respondent to pass necessary orders to permit
the 1st petitioner to admit 1 student under Exts.P3 and P4, and also to
direct the 3rd respondent to issue order of provisional Affiliation to the
1st petitioner, in the meanwhile, so as to enable admission for academic
year 2023-24.
This writ petition coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and upon hearing the
arguments of M/S.S.VINOD BHAT, ANAGHA LAKSHMY RAMAN, GREESHMA CHANDRIKA.R,
V.NAMITHA, Advocates for the petitioner, STANDING COUNSEL for R1 & R2 (By
Order) ,STANDING COUNSEL for R3 (B/O)and of GOVERNMENT PLEADER for R4 (By
Order), the Court passed the following:
WP(C) No.34757/2023 2/5
T.R.RAVI, J.
---------------------------------------------
W.P.(C) No.34757 of 2023
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Dated this the 19th day of October, 2023.
ORDER
Admit. Standing Counsel for the University takes notice for the
3rd respondent. Standing Counsel for the 1st respondent takes
notice for respondents 1 and 2. Government Pleader takes notice
for the 4th respondent.
2. The 1st petitioner College was granted affiliation for two
seats in MS (ENT) and they had sought for one additional seat. The
1st petitioner approached this Court earlier at the stage when a
Letter of Intent had been issued for the said additional seat in
MS(ENT). This Court had on 18.09.2023 by Ext.P1 judgment
directed the 1st petitioner to approach the University based on the
Letter of Permission and Letter of Intent granted by the 1 st
respondent and the University was directed to do the needful. As
far as the courses for which Letter of Permission had already been
granted, the University has granted affiliation and the petitioners
admitted students for the said course. What remains is the one
additional seat in MS (ENT).
3. The 1st petitioner submits that even though the judgment
of this Court was on 18.09.2023, he was issued with an LOP by the
WP(C) No.34757/2023 3/5
W.P.(C) No.34757 of 2023
2nd respondent only on 13.10.2023. The petitioners produced the
LOP before the 3rd respondent University on 17.10.2023. It is
submitted that affiliation is yet to be granted based on the Letter of
Permission and in the meanwhile the admission for the course will
be over by 4.00 p.m. on 20.10.2023. The petitioners' apprehension
is that by the time the affiliation is issued, the period for admission
will be over and the petitioners will not be able to admit a student
for the course. It is submitted that it is not as if the petitioners did
not have any facility to conduct the course and it is a case where
what is sought for is one additional seat for which LOP has also
been granted by the 2nd respondent.
4. The Standing Counsel for the University submitted that at
least a period of two weeks will be required for completing the
process of inspection, by a team of experts, which necessarily has
to include subject experts and hence it may not be possible to issue
affiliation before the period for admission ends.
5. This Court is aware that admissions cannot be made
without affiliation for a seat. This Court is also aware of the fact
that the Regulation of the University prohibits admission
anticipating affiliation. However, taking into account the
circumstances of this case, where the petitioners had approached
this Court much earlier and directions had also been issued, there
WP(C) No.34757/2023 4/5
W.P.(C) No.34757 of 2023
will be an interim direction to the 4th respondent to include the 1st
petitioner College for the purpose of allotment during the stray
vacancy round to the one seat in MS(ENT) provisionally. The
candidates, who are seeking admission should be informed that the
affiliation process is not yet over and that the admission is subject
to affiliation being granted by the University. The petitioners shall
not take any fee from the students allotted by the 4 th respondent
till a positive order of affiliation is issued by the University.
Post the writ petition after two weeks.
H/o
Sd/-
T.R.RAVI
JUDGE
mpm
19-10-2023 /True Copy/ Assistant Registrar
WP(C) No.34757/2023 5/5
APPENDIX OF WP(C) 34757/2023
Exhibit P1 COPY OF JUDGMENT DATED 18-09-2023 IN WP(C) NO. 27850 OF
2023 ON THE FILES OF THIS HON'BLE COURT.
Exhibit P3 COPY OF GUIDELINE ISSUED BY THE 4TH RESPONDENT
Exhibit P4 COPY OF THE NOTIFICATION DATED 17.10.23 ISSUED BY THE
4TH RESPONDENT
19-10-2023 /True Copy/ Assistant Registrar
