Kerala High Court
The Principal vs Kerala University Of Health Sciences on 15 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 15th day of November 2024 / 24th Karthika, 1946
WA NO. 1060 OF 2024
AGAINT 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 15/11/2024 along with
connected cases, upon perusing the appeal memorandum, and this court's
order dated 08/11/2024, the court on the same day passed the following:
AMIT RAWAL & EASWARAN.S, JJ.
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WA Nos.1607, 1086 and 1060 of 2024
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Dated this the 15th day of November, 2024
ORDER
Amit Rawal, J.
1. The majority of the relief as sought for in the writ appeal
in terms of the previous order has already been granted to the
appellant - medical college ie., in respect of fourteen(14)
subjects.
2. Sri.Sajith submitted that though the request was for
enhancement of seats of post graduation in respect of
eighteen(18) subjects, but Letter of permission (LOP) has been
granted only for fourteen(14) subjects. The fact remains the
eligibility certificate which is the foremost requirement to be
complied by the medical college, to be obtained from the
university, had already been issued by the Government vide
communication dated 29.01.2020 Ext.P3 in W.A.No.1607 arising
out of writ petition bearing No.32808/2024 ie., MD psychiatry
WA.1607/24 & con. Cases
and MD Pathology at serial No.22 and 33 respectively
and consent of affiliation (COA) had already been also
issued by the Kerala University as per the document
placed on record by bench mark dated 08.09.2023 and
24.10.2024, Copy thereof has already been handed
over to the senior counsel representing the university
as also Sri.Prenjith for National Medical Commission of
India.
3. Sri.Prenjith learned counsel appearing on behalf
of the Medical commission said that for these two
courses, the Commission will take appropriate steps for
issuance of letter of permission. As far as MD Pathology
is concerned, earlier letter of permission had been
issued but it was withdrawn owing to non issuance of
COA by the University, but as far as MD Psychiatry is
concerned, no such previous COA or letter of
permission, therefore as a requirement of law, fresh
evaluation has to be done, which will be undertaken.
WA.1607/24 & con. Cases
Regarding MD Pathology, letter of permission will be
issued as soon as possible within a period of one(1)
week. He further says that evaluation will be conducted
in three(3) weeks time and thereafter if everything is
found to be in order, in one(1) week thereafter, the
letter of permission in respect of MD Psychiatry shall be
issued.
4. Sri.Sajith, further contended that as far as other
two(2) courses are concerned ie., MD physical Medicine
Rehabilitation and MD Family Medicine, Government had
already issued essentiality certificate on 28.12.2023 but
the request for issuance of consent letter has been
received only on 08.11.2024, as per the contention of
Sri.Sreekumar, learned senior counsel. Sri.Sreekumar
submitted that evaluation shall be done as early as
possible within a period of two(2) weeks and thereafter,
in case it is found to be in order, COA will be
communicated to the appellant who have to further
WA.1607/24 & con. Cases
submit a request to the National Commission within
another one(1) week for issuance.
5. It is further contended that since LOP had already
been issued on 9.11.2024 but the university has not so
far issued the provisional affiliation. Sri.Sreekumar
submits that it is under consideration and will be issued
by mid of next week.
Post this matter for further consideration on
19.12.2024.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
EASWARAN.S, JUDGE
nak
15-11-2024 /True Copy/ Assistant Registrar
