Kerala High Court
Dm Education & Research Foundation vs The Union Of India on 16 December, 2025
Author: V.G.Arun
Bench: V.G.Arun
W.P.(C)No.34497/25
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 16TH DAY OF DECEMBER 2025 / 25TH AGRAHAYANA, 1947
WP(C) NO. 34497 OF 2025
PETITIONERS:
1 DM EDUCATION & RESEARCH FOUNDATION
A CHARITABLE AND EDUCATIONAL TRUST HAVING ITS
REGISTERED OFFICE AT NASEERA NAGAR, MEPPADI P.O.
WAYANAD DISTRICT,
KERALA, INDIA REPRESENTED BY ITS AUTHORIZED
SIGNATORY & LAW OFFICER, MR. ZALAZI KALLANGODAN,
AGED 47 YEARS., PIN - 673577
2 DR. MOOPEN'S MEDICAL COLLEGE,
NASEERA NAGAR, MEPPADI P.O.,
WAYANAD DISTRICT, KERALA, INDIA REPRESENTED BY
ITS AUTHORIZED SIGNATORY & LAW OFFICER,
MR. ZALAZI KALLANGODAN,
AGED 47 YEARS, PIN - 673577
W.P.(C)No.34497/25
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BY ADVS.
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SHRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
SHRI.SACHIN JACOB AMBAT
SMT.ANNA LINDA EDEN
SHRI.HARIKRISHNAN S.
SMT.ANJALI KRISHNA
SMT.ANAVADYA SANIL KUMAR
SRI.S.SREEKUMAR (SR.)
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY HEALTH AND
FAMILY WELFARE, ROOM NO. 156-A, NIRMAN BHAVAN,
NEW DELHI -, PIN - 110011
2 NATIONAL MEDICAL COMMISSION
POCKET- 14, SECTOR - 8, DWARKA PHASE -1 NEW DELHI
- REPRESENTED BY ITS SECRETARY., PIN - 110077
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
HEALTH & FAMILY (S) WELFARE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695001
4 THE DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O,THIRUVANANTHAPURAM,
REPRESENTED BY ITS DIRECTOR OF MEDICAL
EDUCATION., PIN - 695011
W.P.(C)No.34497/25
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5 KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE PO, THRISSUR, REPRESENTED BY ITS
REGISTRAR., PIN - 680596
6 THE REGISTRAR,
KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL
COLLEGE PO, THRISSUR,, PIN - 680596
7 THE FEE REGULATORY COMMITTEE FOR MEDICAL
EDUCATION IN KERALA,
T.C. 15/1553-4, PRASANTHI BUILDINGS,M.P. APPAN
ROAD, VAZHUTHACAUD,THIRUVANANTHAPURAM -
REPRESENTED BY THE CHAIRMAN., PIN - 695014
8 THE COMMISSIONER OF ENTRANCE EXAMINATION,
7TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THAMPANOOR, THIRUVANANTHAPURAM -, PIN - 695001
BY ADVS.
SMT.SWATHYKRISHNA K., CGC
SHRI.K.S.PRENJITH KUMAR, SC, NATIONAL MEDICAL
COMMISSION
SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.P.SREEKUMAR (SR.)
OTHER PRESENT:
SMT.O.M.SHALINA, FOR DSGI. SMT. MARY BENJAMIN, SC.
THIS WRIT PETITION (CIVIL) HAVING BEEN ON 11.11.2025,
THE COURT ON 16.12.2025 DELIVERED THE FOLLOWING:
W.P.(C)No.34497/25
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V.G.ARUN, J
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W.P.(C).No.34497 of 2025
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Dated this the 16th day of December, 2025
JUDGMENT
The 1st petitioner, a Charitable and Educational Trust is conducting the 2nd petitioner Medical College from 2013 onwards. In the year 2020, the 2 nd petitioner submitted proposal to start 19 Post Graduate Medical Courses and the Government of Kerala issued Ext.P1 Essentiality Certificate. Pursuant to Ext.P1, the 5 th respondent University issued consent of affiliation for some of the courses. After obtaining necessary permissions from the National Medical Commission, the 2 nd petitioner commenced those courses. As the Government had issued Ext.P1 Essentiality Certificate to start MD Dermatology course with an intake of three seats, the 2nd petitioner submitted Ext.P2 application to the 5th respondent for conducting MD in Dermatology, Venereology and Leprosy course with an intake of W.P.(C)No.34497/25 5 2025:KER:97685 two seats.
2. While so, the 5th respondent University issued Ext.P4 notification inviting applications from affiliated institutions for starting new PG courses. Accordingly the 2 nd petitioner submitted application for conducting MD in Dermatology, Venereology and Leprosy with an intake of two seats for the academic year 2025-2026. Later, the 2 nd petitioner was served with Ext.P6 show cause notice from the Post Graduate Medical Assessment and Rating Board of the 2 nd respondent National Medical Commission, stating that the consent of affiliation dated 26.11.2021 produced along with application had expired and had already been utilised for the academic year 2024-2025. The petitioners were therefore directed to file compliance report on the deficiencies/inadequacies pointed out in the notice.
3. Thereafter, the University issued Ext.P7 consent of affiliation for starting PG medical course, MD Dermatology, Venereology and Leprosy with an annual intake of three seats W.P.(C)No.34497/25 6 2025:KER:97685 for the academic year 2026-2027. According to the petitioners, they are entitled to start in the academic year 2025-2026 itself and therefore seek a direction to the Commissioner of Entrance Examination to allot students for the course in the present academic year.
4. Learned Senior Counsel appearing for the petitioners submitted that the 5th respondent University had issued Ext.P4 notification inviting applications for new courses for the academic year 2025-2026. The 2 nd petitioner responded by submitting application for MD Dermatology, Venereology and Leprosy and remitted the requisite fees. Hence, consent should have been granted for the academic year 2025-2026. Instead, by Ext.P7, consent of affiliation is granted for the year 2026- 2027, thereby denying the petitioner's legitimate claim for conducting the course from 2025-2026 onwards.
5. Learned Senior Counsel appearing for the 5 th respondent submitted that the University had invited applications for provisional affiliation of enhancement of seats/ W.P.(C)No.34497/25 7 2025:KER:97685 starting of new UG/PG courses for the academic year 2025-2026 on 17.10.2023. The last date for submitting the applications was 31.01.2024, but the 2nd petitioner did not submit any application in response to that notification. Ext.P4 notification dated 31.12.2024 was issued for the purpose of receiving applications for provisional affiliation of PG courses in the academic year 2026-2027. Due to a clerical error the academic year was shown as 2025-2026 instead of 2026-2027. This mistake was rectified vide erratum notification dated 15.01.2025. In fact the University had informed the 2 nd petitioner that it is not in a position to consider the request for affiliation for PG course for the year 2025-2026 as the year shown in Ext.P4 had been corrected as 2026-2027 through an erratum notification. Moreover, consent of affiliation was earlier issued for the same course on 26.11.2021 and validity of the affiliation being three years, the consent had expired by the time the college applied for Letter of Permission from the National Medical Commission. Ext.P6 show cause notice was W.P.(C)No.34497/25 8 2025:KER:97685 issued by the National Medical Commission under such circumstances. It is pointed out that, similar contentions based on the mistake as to the academic year in Ext.P4 notification was considered and rejected by the Single Bench and affirmed in appeal by the Division Bench.
4. In reply, the learned Senior Counsel appearing for the petitioner submitted that, if the mistake in Ext.P4 was corrected through an erratum notification, there was no requirement for the University to publish another notification dated 12.09.2025 inviting applications for obtaining provisional affiliation for UG Courses for the academic year 2026-2027.
5. It is true that in Ext.P4 notification published by the University the academic year was shown as 2025-2026. Be that as it may, the contention of the University that, for the academic year 2025-2026, it had invited applications for provisional affiliation vide notification dated 17.10.2023 and the 2nd petitioner had not responded to that notification is not disputed. Moreover, the mistake in Ext.P4 notification, with W.P.(C)No.34497/25 9 2025:KER:97685 regard to the academic year, was corrected vide erratum notification No.25494/2019/AC1/Gen.A2/KUHS dated 15.01.2025. As the mistake had resulted in submission of applications seeking affiliation for the year 2025-2026, the University came out with a fresh notification, inviting applications for the year 2026-2027. As such, nothing turns on the publication of a fresh notification inviting application for the year 2026-2027, after correcting the mistake in Ext.P4 through an erratum notification.
6. The petitioners are not entitled to conduct the MD Dermatology, Venereology and Leprosy course in the year 2025- 2026 otherwise also, as its application before the National Medical Commission was not accompanied by a valid consent of affiliation. This issue was considered and answered by the Division Bench in Malabar Medical College Hospital & Research Centre v. Kerala University of Health Sciences [2025 (7) KHC 332] in the following manner;
W.P.(C)No.34497/2510
2025:KER:97685 "16. In the case at hand, admittedly, Ext.P5 application made by the appellants - petitioners before the Medical Assessment and Rating Board of the National Medical Commission for starting DM Critical Care with three seats in Malabar Medical College Hospital and Research Centre, for the academic year 2025-26, was not supported by a consent of affiliation / provisional affiliation letter issued by the 1st respondent University, valid at the time of that application. Such an application on the face of it is incomplete, which can only be rejected by the Medical Assessment and Rating Board. Therefore, instead of issuing Ext.P14 show cause notice dated 13/08/2025, the Medical Assessment and Rating Board should have rejected Ext.P5 application made by the appellants - petitioners. When the aforesaid application made by the appellants - petitioners was incomplete, in view of the mandatory requirements of S.9 of EMAR 2023, placing reliance on Ext.P14 show cause notice, the appellants - petitioners cannot seek a writ of mandamus for consideration of Ext.P3 application for consent of affiliation by the 1 st respondent University, for the academic year 2025-26."
I am in respectful agreement with the above findings. For the aforementioned reasons, the writ petition is dismissed.
sd/-
V.G.ARUN, JUDGE sj W.P.(C)No.34497/25 11 2025:KER:97685 APPENDIX OF WP(C) NO. 34497 OF 2025 PETITIONER EXHIBITS Exhibit P1. TRUE COPY OF ESSENTIALITY CERTIFICATE IN FAVOR OF THE 2ND PETITIONER MEDICAL COLLEGE DATED 29-01-2020 Exhibit P2. TRUE COPY OF APPLICATION NO:
PAS/2024/195 DATED 30-10-2024.
Exhibit P3. TRUE COPY OF FEE REMITTANCE ACKNOWLEDGMENT DATED 30-10-2024 Exhibit P4. TRUE COPY OF THE NOTIFICATION NO.
25494/2019/AC1/GEN.A2/KUHS DATED 31-12- 2024 Exhibit P5. TRUE COPY OF RECEIPT OF APPLICATION ID NO: NMC/PG/2025-26/000217 DATED 16-10- 2024, Exhibit P6. TRUE COPY OF SHOW CAUSE NOTICE DATED 13-
08-2025
Exhibit P7. TRUE COPY OF LETTER NO:
39485/AC1/MED/B2/KUHS DATED 26-8-2025. Exhibit P8. TRUE COPY OF THE COMPLIANCE REPORT TO THE 2ND RESPONDENT DATED 29-08-2025