Kerala High Court
The Principal vs Kerala University Of Health Sciences on 11 September, 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.
Wednesday, the 11th day of September 2024 / 20th Bhadra, 1946
WA NO. 1060 OF 2024
AGAINST JUDGMENT DATED 23/7/2024 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
AND 4 OTHERS.
BY SENIOR ADVOCATE P.SREEKUMAR AND STANDING COUNSEL SRI.BINNY THOMAS FOR
R1 AND R2.
STANDING COUNSEL SRI.PRENJITH KUMAR FOR R3 TO R5
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 11/09/2024 along
with connected case, upon perusing the appeal memorandum, and this court's
order dated 05/09/2024, the court on the same day passed the following:
AMIT RAWAL & EASWARAN S., JJ.
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W.A. Nos.1060 & 1086 of 2024
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Dated this the 11th day of September, 2024
ORDER
AMIT RAWAL, J.
1. Order dated 13.08.2024 of this court was assailed by the National Medical Commission before the Supreme Court in Special Leave Petition Nos.20091- 200092 of 2024. But, when the aforementioned SLP was admitted, another order dated 23.08.2024 was passed.
The same is extracted herein below:
"On 09.08.2024, we passed a detailed order and the matter was adjourned for 13.08.2024. On 13.08.2024, the University came out with the consent of affiliation vide communication dated 12.08.2024, noticing which the following order was passed:
"On 9.8.2024 we had passed a detailed order. The operative portion of the same reads as under:
" 9. We thus direct the University to take a call within a period of three days. It is made made clear that in case the University does not take W.A. Nos. 1060 & 1086 of 2024 -2- the call and decision on the application of the petitioner in terms of the directions given herein above, we may consider the request of the appellant for granting the provisional affiliation."
2. In pursuance of the aforementioned directions, we have been informed that the University after lot of deliberations much less the undertaking by the colleges, has given consent of affiliation dated 12.8.2024, copy thereof has been handed over to us. The same is extracted as under :
KERALA UNIVERSITY OF HEALTH SCIENCES Medical College P.O.,Thrissur-680596 www.kuhs.ac.in
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CONSENT OF AFFILIATION No.:21449/2023/AC1/1/MED/A3/KUHS Date: 12.08.2024 Name of the University: Kerala University of Health Sciences, Thrissur, Place:Thrissur The Kerala University of Health Sciences, Thrissur, on the basis of the undertaking given by the institution has decided in principle to affiliate for the increase of seat in MBBS Course at KMCT Medical College Kozhikkode with an annual intake capacity from One Hundred and Fifty (150) to Two Hundred and Fifty (250) subject to the grant of permission under Section 10(A) of the Indian Medical Council Act 1956 (102 of 1956) read with section 61(2) of the National Medical Commission Act, 2019 (30 of W.A. Nos. 1060 & 1086 of 2024 -3- 2019) by the National Medical Commission.
This Consent of Affiliation shall be valid for processing of application for three academic years from the date of issue and is issued incompliance of the Interim order dated 9/8/2024 in WA No 1060 and 1086 of 2024 of the Hon'ble High court of Kerala.
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REGISTRAR
3. Sri. K.S. Sajeev Kumar, the learned counsel appearing for the appellant/petitioner submits that the college will immediately submit an application to the Medical Commission of India by tomorrow itself, i.e., on 14.8.2024, and copy thereof shall be handed over to the learned counsel representing the Medical Commission.
4. On receipt of the said request, the National Medical Commission shall issue letter of permission to increase the number of seats from 150 to 250, considering the fact that it is the last opportunity for the college to have additional seats in view of the notification dated 16.8.2023 issued by the National Medical Commission. It is also submitted that the said application shall be directed to be considered uninfluenced by the earlier disapproval granted as, it was based upon the rejection by the W.A. Nos. 1060 & 1086 of 2024 -4- University. Owing to the change of circumstances, appropriate directions be issued to the Medical Commission of India, the 3rd respondent for increasing the seats within a further weeks' time. It is further contended that the disapproval was based only on the fact that the University had declined. Once an undertaking has been given, the permit should be subject to the condition as enumerated in the consent letter on the basis of the undertaking given by the appellant/petitioner.
5. Sri. Prenjith Kumar, the learned counsel submitted that there is already a disapproval and therefore, no further directions can be issued.
6. We do not accept the said contention, as the previous disapproval is only on the basis of the fact that the University had rejected the consent for increasing the number of seats owing to certain deficiencies qua educational qualifications of the faculty members, the details of which have already been indicated by us in the order dated 9.8.2024. Once the petitioner/appellant had already given an undertaking, the permit should be granted. In our considered view the Medical Counsel would consider pragmatically for issuing the consent for the reason that the undertaking has been submitted by the petitioner to overcome a minor W.A. Nos. 1060 & 1086 of 2024 -5- deficiency regarding the educational qualification of the faculty which has been shown to us on the previous date of hearing by submitting a fresh list conforming to the conditions as provided under the National Medical Commission Act. Let this exercise be undertaken within a period of one week thereafter."
2. On the previous date of hearing, on the request of the counsel representing the National Medical Commission, the matter was listed today on the premise that there were vacations in the Central Government. Today, Sri.K.S.Prenjith Kumar, learned Standing Counsel representing the National Medical Commission submitted that they intend to challenge the order passed by us. But on asking as to the explanation for not granting the affiliation to the Medical College, keeping in view the fact that this is the last chance as per the notification referred to in the previous order, no plausible explanation has come forth. The conditions imposed by the University of course have to be complied by the appellant College, in the absence of which, say of course the affiliation as per our order had to be conditional. It is pertinent to mention that already one week time was granted but no action has been taken and more than two weeks have elapsed. Therefore, we issue directions to respondent nos.3 and 4 to grant the letter of permission to the appellant College, considering this as the last opportunity, in view of the fact that University has already granted conditional W.A. Nos. 1060 & 1086 of 2024 -6- consent which the appellant College has undertaken before us to comply, by filing an affidavit before the University by curing the deficiency within a period of thirty (30) days as per the affidavit filed before the University.
3. The consent of the National Medical Commission should be also in terms of the consent issued by the University subject to removal of the deficiency within the time prescribed. It is made clear that in case the appellant College does not comply with the directions, the consent granted by the University and as well as the National Medical Commission in terms of our order, shall automatically become inoperative. "
2. Matter was taken up yesterday and adjourned for today, enabling the parties to apprise this Court about the order of the Supreme Court. The order has been placed before us and it was noticed that the SLPs have been dismissed vide detailed order by imposing cost of Rs.15,00,000/- (Rupees Fifteen lakh only).
3. Mr.K.S.Prenjith Kumar, learned counsel appearing on behalf of the National Medical Commission has given an undertaking before the Court that the National Medical Commission shall issue a letter of W.A. Nos. 1060 & 1086 of 2024 -7- permission by 10.15 am on 13.09.2024.
4. Mr.K.S.Sajeev Kumar, learned counsel appearing on behalf of the appellant submitted that as per the procedure, the University to whom the college would seek an affiliation is to issue a consent of affiliation, which has already been issued vide communication dated 12.08.2024. As and when the National Medical Commission issues a letter of permission, the University may also be directed to issue provisional affiliation subject to the deficiencies as pointed out in the order dated 09.08.2024 pertaining to only educational qualification of the facility so that the college is able to take the admissions of the aspiring students.
5. Mr.Sreekumar, learned Senior Counsel for the University submits that the condition of affiliation was with regard to intake of 150 to 250 which was subject to the grant of permission under Section 10A of the Indian Medical Counsel Act read with Section 61(2) of the W.A. Nos. 1060 & 1086 of 2024 -8- National Medical Commission Act, 2019, valid for three (3) academic years from the date of the issue and compliance of the interim order.
In this view of the matter, we defer the hearing of the writ appeals to 13.09.2024, so that the National Medical Commission produces the order of permission for further affiliation by the College for the purpose of compliance of the directions of this court.
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AMIT RAWAL JUDGE Sd/-
EASWARAN S. JUDGE vv 11-09-2024 /True Copy/ Assistant Registrar