The Principal vs Kerala University Of Health Sciences
2024 Latest Caselaw 32334 Ker

Citation : 2024 Latest Caselaw 32334 Ker
Judgement Date : 8 November, 2024

Kerala High Court

The Principal vs Kerala University Of Health Sciences on 8 November, 2024

Author: Amit Rawal

Bench: Amit Rawal

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                    &
                  THE HONOURABLE MR. JUSTICE EASWARAN S.
         Friday, the 8th day of November 2024 / 17th Karthika, 1946
                             WA NO. 1060 OF 2024
    AGAINST JUDGMENT DATED 23/07/2024 IN WP(C) 17337/2024 OF THIS COURT
APPELLANT(S)/APPELLANT/PETITONER IN WP(C):

     THE PRINCIPAL,   K.M.C.T. MEDICAL COLLEGE, MANASSERY.P.O. KOZHIKODE,
     PIN - 673602

BY ADVS.M/S.K.S.SAJEEV KUMAR,BISMI T.A,RAMESH P.N,MOHANDAS
K.CHACKO,SUKESAN P.S AND ANSILA C.A

RESPONDENT(S)/RESPONDENTS/RESPONDENTS IN WP(C):

  1. KERALA UNIVERSITY OF HEALTH SCIENCES , REPRESENTED BY ITS
     REGISTRAR, MEDICAL COLLEGE. P.O.,TRICHUR, PIN - 680596
  2. THE VICE CHANCELLOR ,KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL
     COLLEGE. P.O. TRICHUR, PIN - 680596
  3. THE NATIONAL MEDICAL COMMISSION, REPRESENTED BY ITS SECRETARY,
     POCKET 14, SECTOR 8, DWARAKA, NEW DELHI, PIN - 110075
  4. THE MEDICAL ASSESSMENT & RATING BOARD, REPRESENTED BY ITS PRESIDENT,
     THE NATIONAL MEDICAL COMMISSION, POCKET 14, SECTOR 8, DWARAKA, NEW
     DELHI, PIN - 110075
  5. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH &
     FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI, PIN - 110001
  6. *ADDL R6: DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM * IS
     IMPLEADED AS PER ORDER DATED 23/09/2024 IN WA 1060/2024.

BY SENIOR ADVOCATE P.SREEKUMAR AND STANDING COUNSEL SRI.BINNY
THOMAS,ADV.ATHUL ROY(B/O) FOR R1 AND R2.

STANDING COUNSEL SRI.PRENJITH KUMAR FOR R3 TO R5.

GOVERNMENT PLEADER SRI.T.K.VIPINDAS FOR ADDL.R6.

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the respondents 3 and 4,not to reject the application for
enhancement of MBBS seats in petitioner's college,from 150 to 250 for the
Academic year 2024-25 and the process of the application for enhancement
without further delay,pending disposal of the above Writ Appeal.
     This Writ Appeal again coming on for orders on 08/11/2024 along with
connected cases, upon perusing the appeal memorandum, and this court's
order dated 25/10/2024, the court on the same day passed the following:
                AMIT RAWAL & EASWARAN.S, JJ.
          ---------------------------------------------------
               WA Nos.1607, 1060 & 1086 of 2024
       ----------------------------------------------------
           Dated this the 8th day of November, 2024


                               ORDER

Amit Rawal, J.

1. Sri.K.S.Prenjith Kumar appearing for National Medical

Commission submitted that letter of permission for sixteen (16)

courses as per the consent of affiliation issued by the University

has been issued to the appellant - college.

2. Sri.K.S.Sajeev Kumar, learned counsel appearing on

behalf of the appellant - college submitted that though the

consent of affiliation was for eighteen(18) courses, it appears

that both the University as well as National Medical Commission

have omitted to issue NOC for two(2) courses (i.e., 16 + 2).

3. Faced with this, Sri.Sreekumar, learned senior counsel

assisted by Mr.Athul Roy seeks time to obtain instructions.