IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16647 of 2009(A)
1. SREE ANJANEYA MEDICAL TRUST, KANCHAS
... Petitioner
Vs
1. UNION OF INDIA REPRESENTED BY SECRETARY,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
3. THE MEDICAL COUNCIL OF INDIA, POCKET-14
For Petitioner :SRI.P.SANJAY
For Respondent :SRI.ALEXANDER THOMAS, SC, MCI
The Hon'ble MR. Justice V.GIRI
Dated :03/07/2009
O R D E R
V.GIRI,J.
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Dated this the 3rd July,2009
J U D G M E N T
Petitioner, a trust, has established a Medical
College, which is yet to be recognized by the Medical
Council of India. Initially, the competent authority of the
Government of Kerala had issued Essentiality Certificate
in relation to the petitioner’s institution for 100 seats, as
evidenced by Exhibit-P1. Based on the same, the
University had granted an affiliation, as evidenced by
Exhibit-P2. The Medical Council inspected the facilities
in December 2008 and found deficit in the facilities.
2. Petitioner, apparently addressed the
inadequacies pointed out by the Medical Council. A fresh
inspection was conducted in May 2009 and it was found
that the facilities are still inadequate for an intake of 100
seats.
3. In the meanwhile at the petitioners instance,
the Government of Kerala had issued an Essentiality
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certificate for 150 seats, as evidenced by Exhibit-P4 which
has been forwarded to the Medical Council of India. This
writ petition has been filed praying for a direction to the
Medical Council of India to reinspect the petitioner’s
college, for the purpose of granting an approval for the
year 2009.
4. The Medical Council has filed a statement,
contending that inspection conducted twice revealed that
the facilities offered by the petitioner are inadequate even
for an intake of 100 seats. A time schedule which was fixed
as per the regulations contemplates the Medical Council
giving its recommendations qua any institution on or
before the 15th of June 2009,
5. Today, Mr.Alexabnder Thomas, learned standing
counsel for the 3rd respondent brings to my notice a
communication issued by the Government of India
requiring the Medical Council to inspect new
Medical/Dental colleges including cases of increase of
seats in existing colleges for the purpose of giving its
recommendation to the Central Government. The last date
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for doing so has been extended to 8.7.2009.
Recommendations are to reach the Central Government
latest by 10/7/2009. Pursuant thereto petitioner’s college
has been again inspected on 2.7.2009. The results of the
inspection and recommendations passed thereon will be
forwarded to the Government within the extended date.
Submission is recorded.
Government of India shall take a decision in the
matter of approving the petitioner’s institution for the
current year on the basis of the recommendations of the
Medical Council of India.
Writ petition is disposed of as above.
(V.GIRI,JUDGE)
ma
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