Kerala High Court
Malabar Medical College Hospital & ... vs Kerala University Of Health Sciences on 9 September, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:66351
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
WP(C) NO. 25194 OF 2025
PETITIONERS:
1 MALABAR MEDICAL COLLEGE HOSPITAL & RESEARCH CENTRE,
MODAKKALLUR, ULLIYERI, KOZHIKODE.
REPRESENTED BY ITS CHAIRMAN,
V. ANILKUMAR, PIN - 673323
2 V. ANILKUMAR
AGED 56 YEARS
CHAIRMAN, SREE ANJANEYA MEDICAL TRUST IV FLOOR,
KANCHAS COMPLEX, OPPOSITE INDOOR STADIUM,
KOZHIKODE, PIN - 673323
BY ADVS.
SRI.S.VINOD BHAT
KUM.ANAGHA LAKSHMY RAMAN
SMT.V.NAMITHA
SMT.GITANJALI SADAN PILLAI
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O.
THRISSUR
REPRESENTED BY ITS REGISTRAR.,
PIN - 680596
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W.P.(C) No.25194/2025
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2 MEDICAL ASSESSMENT RATING BOARD
NATIONAL MEDICAL COMMISSION (NMC),
POCKET-14, SECTOR-8, DWARAKA,
PHASE-1, NEW DELHI,
REPRESENTED BY ITS PRESIDENT,
PIN - 110077
3 NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR-8, DWARAKA PHASE-1
NEW DELHI
REPRESENTED BY ITS CHAIRMAN,
PIN - 110077
BY ADVS.
SRI.S.GANESH, STANDING COUNSEL
SRI.K.S.PRENJITH KUMAR, STANDING COUNSEL
SRI.P.SREEKUMAR (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.08.2025 AND THE COURT ON 09.09.2025
DELIVERED THE FOLLOWING:
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W.P.(C) No.25194/2025
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N. NAGARESH, J.
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W.P.(C) No.25194 of 2025
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Dated this the 9th day of September, 2025
JUDGMENT
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The 1st petitioner is a Self Financing Professional
College. The 2nd petitioner is the Chairman of the Trust
running the College. The 2nd petitioner proposes to start a
new Post Graduate Super Speciality Medical Program - DM
Critical Care, in the institution.
2. The petitioners state that DM Critical Care course
was recently introduced in India by the National Medical
Commission. In Kerala, only two seats are offered for DM
Critical Care, in Jubillee Mission Medcial College and
Research Institute, Thrissur. The 1st petitioner preferred
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Ext.P1 application for grant of Essentiality Certificate (EC) on
14.06.2022. Ext.P2 EC was issued on 22.12.2022.
3. On 30.08.2024, the Kerala University of Health
Sciences issued notification inviting applications for DM
Critical Care Course for the academic year 2026-2027. The
1st petitioner submitted Ext.P3 application. While so, the 3rd
respondent-NMC issued Ext.P4 public notice dated
18.09.2024 inviting applications for the academic year 2025-
2026. The petitioner submitted application for starting the
said course with three seats for the academic year 2025-
2026. The application is kept pending by the 3rd respondent
in anticipation of issuance of Consent of Affiliation by the 1st
respondent-University.
4. On 15.01.2025, the 1st respondent issued Ext.P7
Erratum Notification correcting the invite of applications as
concerning the academic year 2026-2027, instead of 2025-
2026. Aggrieved by Ext.P7, the petitioner filed W.P.(C)
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No.6647/2025. This Court, as per Ext.P8 judgment, directed
the 1st respondent to consider the application of the
petitioners for grant of Consent of Affiliation for the academic
year 2025-2026 as a special case. The 1st respondent,
however, rejected the petitioner's request as per Ext.P9 order
dated 10.03.2025.
5. The petitioner states that the 3rd respondent would
process application of the petitioners for starting DM Course
for the year 2025-2026 provided the 1st respondent issues
Consent of Affiliation. The admission process for the
academic year 2025-2026 is underway. Hence, the petitioner
is before this Court seeking to direct the 1st respondent to
allow Ext.P3 application and issued Consent of Affiliation /
Provisional Affiliation to the petitioners for three seats in DM
Critical Care for the academic year 2025-2026 expeditiously.
6. The 1st respondent resisted the writ petition. The
1st respondent stated that the University follows a timeline for
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consideration of the applications. The petitioner has accepted
the timeline. Hence, it is not open for the petitioner to seek
the consideration of the application in a different method.
7. I have heard the learned counsel for the
petitioners, the learned Standing Counsel appearing for the 1st
respondent-University and the learned Standing Counsel
appearing for respondents 2 and 3,
8. The 1st petitioner is a Medical College. The
petitioners wanted to start the Course DM Critical Care with
three seats for the academic year 2025-2026. The 1st
respondent issued Ext.P3 notification inviting applications for
DM Critical Care for the academic year 2026-2027. The 1st
petitioner submitted Ext.P3 application. In the meanwhile, the
3rd respondent-National Medical Commission issued Ext.P4
public notice calling for applications for the academic year
2025-2026. Acting on the said Ext.P4 notice, the petitioner
submitted an application to the 3rd respondent. The said
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application is not being processed as the 3rd respondent has
not issued Consent of Affiliation, contend the petitioners.
9. On 31.12.2024, the 1st respondent had issued
notification inviting fresh application for DM Critical Care for
the academic year 2025-2026. The said notification
contained error inasmuch as the notification was intended to
be issued for the academic year 2026-2027. Hence, Ext.P7
Erratum Notification was issued. The contention of the
petitioners is that in spite of the Erratum Notification, their
application should be considered for the year 2025-2026.
10. The petitioner had the opportunity to apply for
Consent of Affiliation for the academic year 2025-2026. The
last date for submission of applications was 31.01.2024. The
petitioners did not apply for the said course then. The
University has conducted inspections and scrutiny for granting
Consent of Affiliation for the petitioners for starting of DM
Critical Care course for the academic year 2026-2027.
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11. The petitioners did not submit application for the
academic year 2025-2026 in the concerned subject within the
stipulated time. The petitioners have submitted application
based on a subsequent notification in which the academic
year was erroneously shown as 2025-206, and in respect of
which an Erratum Notification was subsequently issued.
In the circumstances, I find the writ petition is
without any merit and the writ petition is hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/01.09.2025
2025:KER:66351
APPENDIX OF WP(C) 25194/2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF LETTER DATED 14-06-2022
WRITTEN BY THE 1ST PETITIONER TO THE
STATE OF KERALA
Exhibit P2 TRUE COPY OF ESSENTIALITY CERTIFICATE
DATED 22-12-2022 ISSUED BY STATE OF
KERALA
Exhibit P3 TRUE COPY OF APPLICATION DATED 30-10-
2024 PREFERRED BY THE 1ST PETITIONER
TO THE 1ST RESPONDENT
Exhibit P4 TRUE COPY OF THE PUBLIC NOTICE DATED
18-09-2024 ISSUED BY THE 3RD
RESPONDENT
Exhibit P5 TRUE COPY OF THE EMAIL DATED 26-12-
2024 ISSUED BY THE 3RD RESPONDENT
ALONG WITH ATTACHMENT THERETO
EVIDENCING DETAILS OF THE APPLICATION
BEARING ID NO. NMC/PG/2025-2026/001531
Exhibit P6 TRUE COPY OF LETTER DATED 10-01-2025
WRITTEN BY THE 1ST PETITIONER TO THE
1ST RESPONDENT
Exhibit P7 TRUE COPY OF THE ERRATUM NOTIFICATION
DATED 15-01-2025 ISSUED BY THE 1ST
RESPONDENT
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 24-02-
2025 IN WP(C) 6647/2025 OF HIGH COURT
OF KERALA
Exhibit P9 TRUE COPY OF ORDER DATED 10-03-2025
PASSED BY THE 1ST RESPONDENT
Exhibit P10 TRUE COPY OF JUDGMENT DATED 26-03-2025
IN WP(C)10989/2025 OF HIGH COURT OF
KERALA
Exhibit P11 TRUE COPY OF E-MAIL COMMUNICATION
ISSUED BY THE 3RD RESPONDENT TO THE
1ST PETITIONER DATED 26-06-2025
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Exhibit P12 TRUE COPY OF LETTER DATED 06-06-2025
WRITTEN BY THE 1ST PETITIONER TO THE
1ST RESPONDENT
Exhibit P13 TRUE COPY OF LIST OF VARIOUS COURSES
IN DIFFERENT COLLEGES (RELEVANT PAGES)
Exhibit P14 TRUE COPY OF SHOW CAUSE NOTICE DATED
13-08-2025 ISSUED BY 3RD RESPONDENT
Exhibit P15 TRUE COPY OF LETTER DATED 21-08-2025
WRITTEN BY THE 1ST PETITIONER TO THE
1ST RESPONDENT
