IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 32740 of 2006(V) --------------------------------------- PETITIONER: ------------------- KUNHITHARUVAI MEMORIAL CHARITABLE TRUST, I.G.ROAD, CALICUT, REPRESENTED BY ITS TRUSTEE, DR.K.M.NAVAS, S/O.DR.K.MOIDU, AGED 39 YEARS, RESIDING AT `SHADE', M.C.C.CROSS ROAD, KOZHIKODE. BY ADV. SRI.SAJEEV KUMAR K.GOPAL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. MOHAMMED ANZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32740/2006-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION DTD. 06/02/2006 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.2: COPY OF THE REPORT OF INSPECTION DTD. 28/03/2005 OF THE INSPECTION COMMITTEE OF UNIVERSITY OF CALICUT. EXT.P.3: COPY OF THE JOINT INSPECTION REPORT REGARDING THE ENHANCEMENT OF SEATS TO 100 AT PETITIONER'S COLLEGE, DTD. NIL, OF DR. ROSAMMA JOSEPH & DR. THOMAS JOSEPH. EXT.P.4: COPY OF THE GOVERNMENT ORDER VIDE NO. G.O. (RT).1099/06/H & FWD DTD. 30/03/2006. EXT.P.5: COPY OF THE REVISED ESSENTIALITY CERTIFICATE NO. 2605/B1/2006/H & FWD DTD. 21/04/2005 ISSUED BY THE R.1. EXT.P.6: COPY OF THE GOVERNMENT ORDER O. 16934/B1/H & FWD DT. 17/05/2006 ISSUED BY THE R.1. EXT.P.7: COPY OF THE INTERIM ORDER DT. 27/01/2006 IN W.P.(C). NO. 2460/06 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.32740 of 2006 ----------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT The writ petition is filed mainly with the following prayer:- ii) Issue a writ of mandamus or other appropriate writs, directions or orders directing the first respondent to issue Essentiality Certificate by enhancing the intake capacity of students for BDS course in respect of the petitioner's Dental College, as 100, as applied for by the petitioner. There is no counter affidavit yet. It is submitted that in the case of similarly situated institutions Government has since enhanced the intake capacity. There will be a direction to the first respondent to consider the case of the petitioner taking into consideration also Exts.P2 to P5 within a period of three months from the date of receipt of a copy of this judgment along with a copy of the writ petition. writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.32740 of 2006 ----------------------------------- JUDGMENT 29th October, 2008