Kerala High Court
The Principal vs Kerala University Of Health Sciences on 23 October, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:78642
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947
WP(C) NO. 33461 OF 2025
PETITIONER:
THE PRINCIPAL
CENTURY INTERNATIONAL INSTITUTE OF DENTAL SCIENCE AND
RESEARCH CENTRE, POINACHI, THEKKILL POST,
KAZARAGOD, PIN - 671541
BY ADVS.
SRI.P.M.SANEER
SHRI.TONY GEORGE KANNANTHANAM
SHRI.GISON ALIYAS
SHRI.AJITH GEORGE KOOLA
SRI. KURIAN GEORGE KANNANTHANAM (SR.)
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE. P.O.
TRICHUR, PIN - 680596
2 DIRECTOR OF MEDICAL EDUCATION
KUMARAPURAM ROAD, CHALAKKUZHI,
THIRUVANANTHAPURAM, PIN - 695011
3 THE COMMISSIONER OF ENTRANCE EXAMINATIONS,
V1TH FLOOR, KSRTC TERMINAL COMPLEX,
THAMPANOOR, THIRUVANANTHAPURAM,
PIN - 695001
2025:KER:78642
W.P.(C) No.33461/2025
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4 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH & FAMILY WELFARE DEPARTMENT,
GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
SHRI.S.PRASANTH, SC, EMPLOYEES PROVIDENT FUND
ORGANISATION
SRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
SHRI.K.B.RAMANAND, SPL. G.P. TO A.A.G
SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SRI. P. SREEKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.09.2025, THE COURT ON 23.10.2025
DELIVERED THE FOLLOWING:
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W.P.(C) No.33461/2025
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N. NAGARESH, J.
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W.P.(C) No.33461 of 2025
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Dated this the 23rd day of October, 2025
JUDGMENT
~~~~~~~~~
Petitioner is the Principal of Century
International Institute of Dental Science and Research
Centre, Kasaragod, which is a Self Financing Dental College.
The College is running with an intake of 100 seats for BDS.
The 1st respondent-University conducted inspection in the
College for Continuation of Affiliation for the year 2024-2025.
The University granted Ext.P3 Continuation of Affiliation for
the year 2024-2025 on 17.07.2024.
2. The educational agency was running a full
fledged hospital with more than 100 beds across the National
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Highway where the Dental College was set up. Due to
widening of National Highway, the land where the Hospital
situated was acquired. The Hospital building was demolished
in the year 2019-2020. Since there was no other hospital to
have a tie up nearby, the Management approached the
Government to have a tie up with District Hospital,
Kanhangad. The Government granted permission subject to
conditions, as per Ext.P4 order dated 05.07.2019. The said
District Hospital is more than 10 Km. away.
3. The Management of the College then started
construction of new Hospital building in their own premises.
The construction of the building is complete. But, the Hospital
has not yet become fully functional. While so, DCI conducted
inspection in the College in April, 2024. Certain minor short
falls were detected by the inspectors. Ext.P5 communication
dated 14.05.2024 was issued by the DCI requiring the
petitioner to make up the deficiencies and furnish compliance
report.
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4. The petitioner submitted Ext.P6 compliance
report dated 21.05.2024. The DCI conducted a surprise
inspection in June, 2024. The inspection report stated that
deficiencies in the Hospital are not seen made up. According
to the petitioner, this adverse report was due to the fact that
the inspection was conducted in the newly constructed
Hospital building. The DCI ought to have looked into only the
facilities available in the District Hospital, Kanhangad. There
is no allegation that there is deficiency in the District Hospital.
5. The petitioner approached the Central
Government and the Central Government required the DCI to
conduct further inspection. Inspection was conducted again
in October, 2024. During the inspection, the petitioner
produced documents regarding land acquisition and the MOU
with the District Hospital, Kanhangad. The report following
the inspection in October, 2024 also showed some short falls,
which were again in respect of the new Hospital building
which was yet to be functional. The inspectors did not
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indicate any deficiency in respect of the District Hospital,
Kanhangad.
6. The University issued Ext.P7 communication
directing to furnish the details of students and House
Surgeons currently undergoing BDS Course. In W.P.(C)
No.8960/2025, this Court granted interim stay of further
proceedings pursuant to Ext.P7. The petitioner thereafter
submitted Ext.P8 application dated 19.09.2024 for
continuation of Provisional Affiliation for the year 2025-2026.
Though inspection was conducted eight months ago, no
action was taken by the University and no deficiency was
intimated to the petitioner.
7. As per Section 53(1) of the Kerala University
of Health Sciences Act, application for continuation of
affiliation should be given six months prior to the date of
expiry of the existing affiliation. The petitioner came to know
that the DCI has recommended to the Central Government for
withdrawal of recommendation and for stoppage of admission
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from 2025-2026. The petitioner states that only the Central
Government can take a decision on stoppage of admission
and that too, only after affording an opportunity of hearing to
the petitioner.
8. The petitioner therefore filed W.P.(C)
No.30442/2025. This Court directed the DME and the
Commissioner to include the petitioner's College for allotment
as per Ext.P11 interim order dated 20.08.2025. When the
petitioner approached the University with Ext.P11 interim
order, the University issued Ext.P12 communication pointing
out that the Hospital is situated beyond 10 Km. from the
College. The University rejected extension of affiliation as per
Ext.P14 order dated 09.09.2025. Ext.P14 is a deliberate
attempt to bypass the orders of this Court, contends the
petitioner.
9. The 1st respondent-University opposed the
writ petition. The 1st respondent submitted that the dispute in
respect of the petitioner's College is not confined to the issue
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regarding the distance between the Dental College and the
District Hospital. It is essentially regarding the non-availability
of a parent Hospital to the petitioner's institution as
contemplated in the Regulations of the Dental Council of
India. The University has to follow the Regulations framed by
the DCI regarding the minimum standards fixed. The
minimum standards cannot be diluted even by the courts.
10. According to the petitioner, their Hospital
building was demolished for the National Highway in the year
2019-2020 and thereafter the District Hospital was being used
to teach the students. Ext.P4 is not an agreement permitting
the usage of the District Hospital as a parent Hospital. As per
the BDS Course Regulations, student should be introduced to
clinics in the initial stage as Observer to familiarise with
clinical set up and working.
11. The period of instruction in the clinical
subjects shall not be less than three years. During this
period, students have to attend a Dental Hospital, General
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Hospital, Community Campus and Satellite Clinics. The
general medicine and surgery training is intended to provide
sufficient knowledge on human diseases.
12. The DCI Regulations mandate minimum
number of staff to be available in the Hospital under different
Branches. The Regulations contemplate 100 bedded parent
hospital or in its place, the availability of a District or General
Hospital within a distance of 10 Km. The criteria of 10 Km. is
fixed by the DCI Regulations and the University is not in a
position to dilute the standard.
13. The petitioner could not put in place a full
fledged hospital even after lapse of about six years. The
University granted provisional affiliation during the past years.
The petitioner does not have a parent hospital of its own or
any tie up with a General or District Hospital within a distance
of 10 Km. Therefore, the 1st respondent is fully justified in
rejecting the application for continuation of affiliation
submitted by the petitioner.
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14. I have heard the learned counsel for the
petitioner, the learned Standing Counsel representing the 1st
respondent and the learned Government Pleader
representing respondents 2 to 4.
15. It is not in dispute that the petitioner's Dental
College was established in the year 2003-2004 with an intake
of 100 seats for BDS. LoP was issued as the College had
satisfied all the conditions under the Regulations, 1993. The
College was originally affiliated to the Kannur University and
later the affiliation was transferred to the 1st respondent-
University.
16. The DCI, after being satisfied that the
College had all the infrastructural and instructional facilities,
recommended the recognition of the College, to the Central
Government. The Central Government recognised the
College as per Ext.P1 notification dated 13.03.2009. In the
year 2024, the University conducted inspection in the College
and after being satisfied with the infrastructural and other
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facilities available in the College, the University granted
extension of affiliation for the year 2024-2025 as per Ext.P3.
17. The DCI conducted inspection in the College
in April, 2024 and pointed out certain defects as per Ext.P5
communication dated 14.05.2024. The petitioner submitted
Ext.P6 compliance report dated 21.05.2024. The DCI again
conducted a surprise inspection in July, 2024 and reported
that the deficiencies in the Hospital are not seen complied
with. It is evident that the deficiencies pointed out is
attributable to the new hospital building which is yet not
become functional.
18. It is to be noted that the petitioner had a full
fledged 100 bedded Medical College for a long time and the
said Medical College was taken over by the National
Highways Authorities for widening the National Highway. The
College therefore entered into an agreement with the District
Hospital, which unfortunately situated beyond 10 Km. radius.
The petitioner had no other go than to enter into arrangement
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with the District Hospital since there are no other suitable
hospitals within 10 Km. radius. The District Hospital with
which the petitioner has made arrangements is a Government
Hospital.
19. Admittedly, the own hospital of the petitioner
under construction has not become functional. The petitioner
would urge that it will take another six months to make the
new own hospital operational. The petitioner has been
running the Dental College on the basis of the agreement
entered into with the District Hospital since the year 2019.
20. Ignoring the fact that the Medical College of
the petitioner had to be demolished in order to implement the
National Highway project of the Central Government and
ignoring the fact that the petitioner's College has an
arrangement with the nearest available General Hospital, the
Dental Council of India gave a negative recommendation to
the Central Government. The Central Government has
directed the DCI to conduct another inspection. After an
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inspection in the month of October, 2024, the DCI pointed out
shortfalls, again ignoring the fact that the petitioner's College
has a tie up with the General Hospital. On that basis, the DCI
has recommended the Central Government to withdraw
recognition of the petitioner's College. The University advised
for stoppage of admission from 2025-2026 and rejected
Extension of Affiliation by Ext.P14 order.
21. I find that the College has been functioning
with all due permissions and affiliation since the year 2003-
2004 with an intake of 100 seats. The land where a fully
functional 100 bedded Dental College Hospital of the College
was functioning, was acquired by the Central Government in
the year 2019. The said fact is not disputed. The petitioner
thereafter had an arrangement with the District Hospital for
clinical teaching purposes. The said District Hospital was
beyond the stipulated 10 Km. radius. It is also not disputed
that there is no other District Hospital within the 10 Km. radius
of the petitioner's College.
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22. The University continued to grant provisional
affiliation to the petitioner's College till the year 2024-2025.
These continued affiliations were granted after conducting
due inspections. Therefore, it has to be presumed that the
DCI and the 1st respondent-University were aware of the
ground realities and permitted the petitioner to run the
College on the basis of their tie up with the District Hospital.
The petitioner asserts that the construction work of a new 100
bedded Dental College Hospital is complete and they will be
able to make the new Medical College Hospital operational
and functional within six months. It is at this stage that the
University has declined affiliation as per Ext.P14 order.
23. The 1st respondent would argue that any
such tie up with the District Hospitals should be for a period of
five years and the petitioner has not produced agreement with
the District Hospital for a five year duration. The petitioner,
on the other hand, would contend that as per the extant State
Government policy, the District Hospitals enter into only
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yearly/annual contract which are being renewed every year.
It is not in dispute that after the year 2019, the contract by the
District Hospital with the petitioner's College is being renewed
from year to year and the contract is still current.
24. This is a very exceptional case where a fully
functional Dental College Hospital was taken over by the
Central Government for National Highway project and the
College building had to be demolished for Highway
construction. The petitioner's College is functioning since the
year 2003-2004. There is no other General Hospital within 10
Km. radius. The petitioner was forced to have a tie up with
the General Hospital which is beyond 10 Km. radius, as there
are no other General Hospitals within the 10 Km. radius.
25. The respondents have no case that the
General Hospital with which the petitioner has tie up, is
deficient in faculties or in any other manner. In fact, the DCI
as well as the University have pointed out deficiencies
treating the non-functional Dental College Hospital being put
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up by the petitioner. The said new Dental College Hospital,
according to the petitioner, would become fully functional
within six months.
26. In the afore circumstances, denial of
provisional affiliation to the petitioner's College by the 1st
respondent would be highly arbitrary. Ext.P14 order is
therefore set aside. The 1st respondent-University is directed
to grant continuation of affiliation for the petitioner's College
for the year 2025-2026.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/18.10.2025
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APPENDIX OF WP(C) 33461/2025
PETITIONER'S EXHIBITS
Exhibit P1 A COPY OF THE NOTIFICATION DATED
13/03/2009 ISSUED BY THE MINISTRY OF
HEALTH AND FAMILY WELFARE
Exhibit P2 A COPY OF NOTIFICATION DATED
14/10/2015, RENEWING THE RECOGNITION
ISSUED BY THE MINISTRY OF HEALTH AND
FAMILY WELFARE
Exhibit P3 A COPY OF THE ORDER
U.O.NO.705/2024/ACADEMIC/KUHS DATED
17-7-2024 OF THE UNIVERSITY, GRANTING
CONTINUATION OF AFFILIATION FOR 2024-
Exhibit P4 A COPY OF THE G.O.(RT) 1623.2019/H &
FWD DATED 5-7-2019 ISSUED BY THE
GOVERNMENT
Exhibit P5 A TRUE COPY OF THE SAID COMMUNICATION
NO DCI/ACAD/BDS/CLG/PERIODIC/143/2024-
2025/2024/936 ISSUED BY THE DENTAL
COUNCIL OF INDIA DATED 14/05/2024
Exhibit P6 A TRUE COPY OF THE COMPLIANCE REPORT
NO CDC-DCI/2024/COMPLIANCE/01 DTD
21/5/2024 WITHOUT ANNEXURE DATED
21/05/2024
Exhibit P7 A TRUE COPY OF THE COMMUNICATION
ISSUED BY THE UNIVERSITY NO
7140/2025/AC1/DENT A1/KUHS DATED
24/02/2025
Exhibit P8 A TRUE COPY OF THE APPLICATION DATED
19/09/2024 ALONG WITH COVERING LETTER
NO CDC/BDS-COPA-2025-26/2024/01 AND
REMITTANCE OF FEE
Exhibit P9 A TRUE COPY OF THE UNIVERSITY ORDER NO
UO NO 2/2025/ACADEMIC /KUHS DATED
04/01/2025
Exhibit P10 A COPY OF THE PRINT OUT OF THE DETAILS
OF ALL THE DENTAL COLLEGES
Exhibit P11 A COPY OF THE SAID INTERIM ORDER DATED
20-8- 2025 IN WPC NO 30442/2025 OF
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THIS HONOURABLE COURT
Exhibit P12 A COPY OF THE SAID LETTER NO.
32378/2024/AC1/DENT A1/KUHS DATED NIL
ISSUED BY THE UNIVERSITY
Exhibit P13 A COPY OF THE REPORT NO CDC-KUHS/COPA
2025-2026-2025/01 DATED 27-8- 2025
Exhibit P14 A COPY OF THE SAID ORDER ISSUED BY THE
UNIVERSITY NO U.O.NO
1276/2025/ACADEMIC/KUHS DTD 9/9/2025
