IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 2011 of 2010(B) ------------------------- PETITIONER: --------------- SREE ANJANEYA MEDICAL TRUST, KANCHAS COMPLEX, OPP. INDOOR STADIUM, CALICUT-673 004, REPRESENTED BY IT'S AUTHORISED SIGNATORY DR. SUDHA ANIL. BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON SRI.BIJU MEENATTOOR SRI.RAJAN KUDUMBATHIL SRI.GLEN ANTONY RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, NEW DELHI. 2. KERALA UNIVERSITY OF HEALTH & ALLIED SCIENCES, M.G.KAVU, MEDICAL COLLEGE P.O., THRISSUR, REPRESENTED BY ITS REGISTRAR. 3. UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM, REPRESENTED BY ITS REGISTRAR. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R2 SRI.T.R.RAVI FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.2011 of 2010 ------------------------------------------------ Dated this the 5th day of March, 2010 JUDGMENT The petitioner herein filed this writ petition regarding Ext.P14 and seeking for direction to the third respondent to forward files relating to petitioner's application for consent of affiliation to the second respondent within a time frame. 2. The petitioner wanted to establish a new Medical College at Calicut for the academic year 2010-2011. By Ext.P14 the Government of India informed the petitioner that proposal was considered in the Ministry and it has been observed that the revised/renewed consent of affiliation for the academic year 2010-11 has not been furnished to the Ministry. Therefore the proposal cannot be processed for the academic year 2010-11. Accordingly they returned the proposal with a free rider, that the petitioner will be free to apply afresh in the academic year as per the MCI norms. While admitting this writ petition this Court issued a direction to the first respondent to keep alive the application of the petitioner for the year 2010-2011 until further orders. 3. Heard the learned counsel for the second respondent and learned Standing Counsel for the third respondent W.P.(C)No.2011 of 2010 2 University. Along with I.A.No.2722 of 2010 the petitioner has produced the consent of affiliation issued by the second respondent. 4. In the light of the above, the learned counsel for the petitioner submitted that the first respondent may be directed to re-consider the matter in the light of Ext.P15. It is submitted that the petitioner has already forwarded Ext.P15 to the first respondent by Ext.P16 covering letter dated 21/2/2010. 5. In that view of the matter Ext.P14 stands set aside. There will be a direction to the first respondent to consider the application afresh in the light of Ext.P15 as well as Ext.P8 the revised Essentiality Certificate concerning 150 seats in the Medical College. Appropriate action will be taken within a period of two months from the date of receipt of a copy of this judgment. Accordingly, this writ petition is disposed of . No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj