Kerala High Court
Malabar Medical College Hospital & ... vs State Of Kerala on 8 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 30266 OF 2023
PETITIONER:
MALABAR MEDICAL COLLEGE HOSPITAL AND RESEARCH
CENTRE
MODAKKALLUR, ULLIYERI, KOZHIKODE. REPRESENTED BY
ITS CHAIRMAN, V. ANILKUMAR, PIN - 673323
BY ADVS.
S.VINOD BHAT
ANAGHA LAKSHMY RAMAN
GREESHMA CHANDRIKA.R
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
SECRETARIAT, THIRUVANANTHAPURAM-695 001., PIN -
695001
2 KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O. THRISSUR REPRESENTED BY ITS
REGISTRAR., PIN - 680596
3 NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR-8, DWARAKA PHASE-1 NEW DELHI-
REPRESENTED BY ITS CHAIRMAN, PIN - 110077
4 MEDICAL ASSESSMENT AND RATING BOARD
NATIONAL MEDICAL COMMISSION (NMC), POCKET-14,
SECTOR-8, DWARAKA, PHASE-1, NEW DELHI REPRESENTED
BY ITS PRESIDENT, PIN - 110077
W.P.C Nos. 30266 of 2023 & 2
16435, 24689 of 2024
BY ADVS.
SRI.P.SREEKUMAR -SC
SRI.TITUS MANI VETTOM -SC
SRI.K.S.PRENJITH KUMAR-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.11.2024, ALONG WITH WP(C).16435/2024, 24689/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C Nos. 30266 of 2023 & 3
16435, 24689 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 16435 OF 2024
PETITIONER:
MALABAR MEDICAL COLLEGE HOSPITAL & RESEARCH CENTRE
MODAKKALLUR, ULLIYERI, KOZHIKODE. REPRESENTED BY
ITS CHAIRMAN, V. ANILKUMAR, PIN - 673323
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, PIN - 695001
2 KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O. THRISSUR. REPRESENTED BY ITS
REGISTRAR., PIN - 680596
3 NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR-8, DWARAKA PHASE-1 NEW DELHI.
REPRESENTED BY ITS CHAIRMAN, PIN - 110077
4 MEDCIAL ASSESSMENT AND RATING BOARD
NATIONAL MEDICAL COMMISSION (NMC), POCKET-14,
SECTOR-8, DWARAKA, PHASE-1, NEW DELHI -
REPRESENTED BY ITS PRESIDENT, PIN - 110077
W.P.C Nos. 30266 of 2023 & 4
16435, 24689 of 2024
BY ADVS.
SRI.BINNY THOMAS-SC
SRI.P.SREEKUMAR SR.GP(K/410/1994)
SRI. K.S PRENJITH KUMAR-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.11.2024, ALONG WITH WP(C).30266/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C Nos. 30266 of 2023 & 5
16435, 24689 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 24689 OF 2024
PETITIONER:
MALABAR MEDICAL COLLEGE HOSPITAL & RESEARCH CENTRE
MODAKKALLUR, ULLIYERI, KOZHIKODE. REPRESENTED BY
ITS CHAIRMAN, V. ANILKUMAR, PIN - 673323
BY ADVS.
S.VINOD BHAT
ANAGHA LAKSHMY RAMAN
V.NAMITHA
RIYAN AUGUSTINE SHAJI
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O. THRISSUR REPRESENTED BY ITS
REGISTRAR., PIN - 680596
2 NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR-8, DWARAKA PHASE-1 NEW DELHI
REPRESENTED BY ITS CHAIRMAN, PIN - 110077
3 MEDICAL ASSESSMENT AND RATING BOARD
NATIONAL MEDICAL COMMISSION (NMC), POCKET-14,
SECTOR-8, DWARAKA, PHASE-1, NEW DELHI REPRESENTED
BY ITS PRESIDENT, PIN - 110077
BY ADVS.
SRI.BINNY THOMAS-SC
W.P.C Nos. 30266 of 2023 & 6
16435, 24689 of 2024
SRI.K.S.PRENJITH KUMAR-SC
SRI.P.SREEKUMAR SR.GP(K/410/1994)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.11.2024, ALONG WITH WP(C).30266/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C Nos. 30266 of 2023 & 7
16435, 24689 of 2024
ZIYAD RAHMAN A.A., J.
- - - - - - - - - - - - - - - - - - - - -
W.P.C Nos. 30266 of 2023 & 16435, 24689 of 2024
- - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 8th day of November, 2024
JUDGMENT
All these writ petitions are filed by the petitioner, for
various reliefs in connection with the NOC, affiliation and
permission for commencing the course of M.Ch. Urology with
intake of three seats. During the pendency of these writ
petitions, the petitioner institution was issued with NOC by
the Government, as per Ext.P12 in W.P.(C).No. 30266/2023
and the consent of affiliation by the University as evidenced
by Ext.P14 in the said writ petition. However, the application
for permission was rejected by the National Medical
Commission (NMC) on the reason that, the petitioner could
not obtain the necessary certificates within the time
prescribed.
16435, 24689 of 2024
2. Today when the matter came up for
consideration, learned counsel for the petitioner brought the
attention of this Court to Ext. P15 appeal submitted by the
petitioner before the 4th respondent, which is the appellate
authority, against the rejection of application submitted by the
petitioner seeking to start the course. The learned counsel for
the petitioner is confining his relief to a direction to the 4 th
respondent to pass orders on Ext.P15 within a time frame.
3. After hearing the learned counsel for the
petitioner and learned standing counsel for the respondents, I
am of the view that this writ petition can be disposed of in
such circumstances.
4. Therefore the 4th respondent in W.P.(C).No
30266/2023 is directed to take a decision on Ext.P15 after
giving the petitioner an opportunity for hearing through
16435, 24689 of 2024
online or offline mode, and take a decision thereon within a
period two months, by taking into account the consent of
affiliation issued by the university and the NOC granted by
the Government.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
vnk/-
16435, 24689 of 2024
APPENDIX OF WP(C) 16435/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF APPLICATION DATED 13-06-2023
SUBMITTED BEFORE THE 1ST RESPONDENT
EXHIBIT P2 TRUE COPY OF LETTER DATED 21-07-2023 SENT
BY THE PETITIONER TO THE 1ST RESPONDENT
EXHIBIT P3 TRUE COPY OF APPLCIATION DATED 18-08-2023
SUBMITTED BEFORE THE 2ND RESPONDENT
EXHIBIT P4 TRUE COPY OF LETTER DATED 02-09-2023 SENT
BY THE PETITIONER TO THE 1ST RESPONDENT
EXHIBIT P5 TRUE COPY OF ORDER DATED 14-09-2023 IN
WPC 30266/2023 OF HIGH COURT OF KERALA
EXHIBIT P6 TRUE COPY OF LETTER DATED 11-10-2023
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P7 TRUE COPY OF COMPLIANCE REPORT DATED 17-
11-2023 OF THE PETITIONER
EXHIBIT P8 TRUE COPY OF SHOW CAUSE DATED 12-03-2024
ISSUED BY THE 3RD/4TH RESPONDENT
EXHIBIT P9 TRUE COPY OF LETTER DATED 13-03-2024
ISSUED BY THE PETITIONER TO THE 1ST
RESPONDENT
EXHIBIT P10 TRUE COPY OF ORDER DATED 21-03-2024 IN
WPC 30266/2023 OF HIGH COURT OF KERALA
EXHIBIT P11 TRUE COPY OF ORDER NO. S3/246/2023-HEALTH
DATED 11-04-2024 OF 1ST RESPONDENT
EXHIBIT P12 TRUE COPY OF REPLY/LETTER DATED 12-04-
2024 BY THE PETITIONER
EXHIBIT P13 TRUE COPY OF LETTER OF APPOINTMENT DATED
16-03-2024
16435, 24689 of 2024
EXHIBIT P14 TRUE COPY OF LETTER OF JOINING DATED 19-
03-20224 BY DR. MANJUNATH SHETTY
EXHIBIT P15 TRUE COPY OF PURCHASE INVOICE DATED 21-
03-2024
EXHIBIT P16 TRUE COPY OF ORDER DATED 09-04-2024 IN
I.A.3/2024 IN WPC 30266/2023 OF HIGH
COURT OF KERALA
16435, 24689 of 2024
APPENDIX OF WP(C) 24689/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF APPLICATION DATED 18-08-2023
SUBMITTED BY PETITIONER BEFORE 1ST
RESPONDENT (WITHOUT ANNEXURES)
EXHIBIT P2 TRUE COPY OF ORDER DATED 09-04-2024 IN IA
3/2024 IN WPC 30266/2023 OF HIGH COURT OF
KERALA
EXHIBIT P3 TRUE COPY OF ORDER DATED 30-04-2024 IN
WPC 16435/2024 OF HIGH COURT OF KERALA
EXHIBIT P4 TRUE COPY OF ESSENTIALITY CERTIFICATE NO.
S3/246/2023-HEALTH DATED 11-06-2024
ISSUED BY STATE OF KERALA
EXHIBIT P5 TRUE COPY OF ORDER DATED 13-06-2024 IN
WPC 16435/2024 OF HIGH COURT OF KERALA
EXHIBIT P6 TRUE COPY OF CONSENT OF AFFILIATION
NO.28054/2023/1/AC1/MED/KUHS DATED 03-07-
2024 ISSUED BY 1ST RESPONDENT
EXHIBIT P7 TRUE COPY OF NOTIFICATION NO. UO
NO:25494/2019/ACAD/GENERAL/KUHS DATED 22-
08-2022 OF 1ST RESPONDENT
EXHIBIT P8 TRUE COPY OF PUBLIC NOTICE NO.
NMC/MARB/2024-2025/047842 DATED 16-08-
2023 ISSUED BY 2ND/3RD RESPONDENT (WITH
ANNEXURES)
RESPONDENT ANNEXURES
ANNEXURE R1(a) TRUE COPY OF THE INSPECTION REPORT DATED
29/05/2024
ANNEXURE R2(a) A TRUE COPY OF THE ESTABLISHMENT OF NEW
MEDICAL INSTITUTIONS, STARTING OF NEW
MEDICAL COURSES, INCREASE OF SEATS FOR
EXISTING COURSES AND ASSESSMENT AND
16435, 24689 of 2024
RATING REGULATIONS, 2023
ANNEXURE R2(b) A TRUE COPY OF THE LETTER OF DISAPPROVAL
DATED 01.07.2024 ISSUED BY THE 3RD
RESPONDENT
16435, 24689 of 2024
APPENDIX OF WP(C) 30266/2023
PETITIONER EXHIBITS
Exhibit P1 COPY OF APPLICATION DATED 13-06-2023
SUBMITTED BEFORE THE 1ST RESPONDENT
EXHIBIT P2 COPY OF LETTER DATED 21-07-2023 SENT BY
THE PETITIONER TO THE 1ST RESPONDENT
EXHIBIT P3 COPY OF LETTER DATED 02-09-2023 SENT BY
THE PETITIONER TO THE 1ST RESPONDENT
EXHIBIT P4 COPY OF PUBLIC NOTICE DATED 16-08-2023
PUBLISHED BY THE 4TH RESPONDENT
EXHIBIT P5 COPY OF APPLICATION DATED 18-08-2023
SUBMITTED BEFORE THE 2ND RESPONDENT
EXHIBIT P6 COPY OF THE LETTER DATED 11-10-2023
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P7 COPY OF COMPLIANCE REPORT DATED 17-11-
2023 OF THE PETITIONER
EXHIBIT P8 COPY OF SHOW CAUSE DATED 12-03-2024
ISSUED BY THE 3RD/4TH RESPONDENT
EXHIBIT P9 COPY OF LETTER DATED 13-03-2024 ISSUED BY
THE PETITIONER TO THE 1ST RESPONDENT
EXHIBIT P10 TRUE COPY OF LETTER DATED 17-05-2024
ISSUE BY THE PETITIONER TO DIRECTOR OF
MEDICAL EDUCATION
EXHIBIT P11 TRUE COPY OF PUBLIC NOTICE DATED 24-04-
2024 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P12 TRUE COPY OF ESSENTIALITY CERTIFICATE NO.
S3/246/2023-HEALTH DATED 11-06-2024
ISSUED BY 1ST RESPONDENT
EXHIBIT P13 TRUE COPY OF LETTER DATED 13-06-2024 SENT
16435, 24689 of 2024
BY PETITIONER TO 2ND RESPONDENT
EXHIBIT P14 TRUE COPY OF CONSENT OF AFFILIATION DATED
05-11-2024 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P15 TRUE COPY OF LETTER DATED 22-07-2024 SENT
BY THE PETITIONER TO THE 3RD RESPONDENT
