IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 22448 of 2010(E) ----------------------------------------- PETITIONER(S): ----------------------- SAFE DEVEOPMENT ALMS TRUST (REGD.), KARUNA MEDICAL COLLEGE CAMPUS, VILAYODI-CHITTUR, PALAKKAD DISTRICT-678103. REP. BY ITS MANAGING TRUSTEE-CUM CHAIRMAN P.V.HASSAN. BY ADV. SRI.ANIL K.NARENDRAN RESPONDENT(S): --------------------------- KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCES, MEDICAL COLLEGE.P.O., THRISSUR-680 596, REP. BY ITS REGISTRAR. BY ADV. SRI.T.R.RAVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22448/2010 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF APPLICATION DTD. 29/10/2009 SUBMITTED BY THE PETITIONER BEFORE THE UNIVERSITY OF CALICUT. P2: COPY OF RECEIPT DTD. 31/10/2009 FOR A SUM OF RS,15,000/- TOWARDS FEE FOR ADDITIONAL COURSES. P3: COPY OF MEMO DTD. 8/12/2009 ISSUED BY THE UNIVERSITY OF CALICUT. P4: COPY OF RECEIPT DTD. 28/12/2009 FOR A SUM OF RS.4,37,000/-TOWARDS BALANCE FEE WITH FINE. P5: COPY OF STATEMENT DTD. NIL, SHOWING AVAILABILITY OF FACULTY AS PER MCI NORMS, AS PER MCI NORMS, AS ON 2010-11, IN THE PETITIONER'S COLLEGE, IN THE DEPARTMENT OF ANATOMY, PSYCHOLOGY, BIOCHEMISTRY, PHARMACOLOGY, PATHOLOGY, MICROBIOLOGY, FORENSIC MEDICINE, COMMUNITY MEDICINE. P6: COPY OF THE PLANS DTD. NIL, SHOWING THE DETAILS OF DEPARTMENT OF ANATOMY, PSYCHOLOGY, BIOCHEMISTRY, PHARMACOLOGY, PATHOLOGY, MICROBIOLOGY, FORENSIC MEDICINE, COMMUNITY MEDICINE, IN THE PETITIONER'S COLLEGE. P7: COPY OF STATEMENT DTD. NIL, SHOWING AVAILABILITY OF TEXT BOOKS, REFERENCE BOOKS, JOURNALS ETC. IN THE CENTRAL LIBRARY OF THE PETITIONER'S COLLEGE, ALONG WITH A PLAN DTD. NIL, SHOWING THE DETAILS OF THE CENTRAL LIBRARY. P8: COPY OF ORDER DTD. 16/03/2010 ISSUED BY THE RESPONDENT UNIVERSITY CONSTITUTING A COMMITTEE TO INSPECT THE PETITIONER'S COLLEGE. P9: COPY OF ORDER DTD. 30/06/2010 ISSUED BY THE RESPONDENT UNIVERSITY. P10: COPY OF GOVERNMENT ORDER DTD. 11/05/2007. P11: COPY OF CERTIFICATE DTD. 11/02/2009 ISSUED FROM THE DISTRICT HOSPITAL, PALAKKAD. P12: COPY OF COVERING LETTER DTD. 30/06/2010 OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE CENTRAL GOVERNMENT ALONG WITH COPY OF DEMAND DRAFT FOR RS,2,00,000/- DTD.28/6/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 22448 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2010 J U D G M E N T The petitioner is a Trust who aspires to start Post Graduate course in their medical college. Permission to start the same has to be given by the Central Government based on the recommendations of the Medical Council of India. In order to enable the Medical Council to inspect the petitioner's college to decide as to whether they have all the infrastructural and other facilities necessary for starting a P.G. Course in their Medical College the petitioner has to produce a 'Consent of Affiliation' from the University concerned. Petitioner applied for the same to the respondent University. Petitioner's grievance is that, the respondent University is not issuing the Consent of Affiliation requested for. Petitioner therefore seeks the following reliefs: “(i) call for the records leading to Exhibit P9 order passed by the respondent University and issue a writ of certiorari W.P.(C)No. 22448 of 2010 -2- or any other appropriate writ, order or direction quashing the same; (ii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondent University to grant Consent of Affiliation to the petitioner for starting new Post Graduate courses in Karuna Institute of Medical Sciences, based on Exhibit P1 application, during the academic year 2010-11, forthwith;” 2. A counter affidavit has been filed by the respondent University wherein they have taken the contention that there is no sufficient additional faculty in the petitioner's college for imparting instructions in P.G. Courses and therefore Consent of Affiliation cannot be granted. 3. I have considered the rival contentions in detail. 4. The object of Consent of Affiliation is not to see whether the petitioner has complied with all the conditions for grant of permission or affiliation. Consent of Affiliation would only signify the consent of the University to grant affiliation provided all their conditions are met when permission is granted by the Government of India. The permission for starting the P.G. Course has not yet been W.P.(C)No. 22448 of 2010 -3- granted by the Government of India. It is for the Medical Council to first ascertain whether the petitioner has all the infrastructural and other facilities to start the P.G. Course. As such, I am of opinion that at this point of time for the purpose of granting Consent of Affiliation it is not necessary that the petitioner should have put additional Faculty in place, in so far as the additional Faculty are necessary only for imparting instructions for P.G. students, who would be there only after permission is granted to start the course and the course is started. Therefore I am satisfied that the petitioner cannot be denied the Consent of Affiliation by the respondent University on the ground that appropriate additional Faculty has not been put in place at present. In the above circumstances, I direct the respondent University to issue a Consent of Affiliation to the petitioner which would naturally be subject to the petitioner complying with all the conditions necessary for affiliation. 5. In view of the fact that the last date for forwarding the petitioner's application by the Central W.P.(C)No. 22448 of 2010 -4- Government to the Medical Council is 31st July, 2010, the respondents shall issue the Consent of Affiliation tomorrow itself. The writ petition is allowed as above. S. SIRI JAGAN JUDGE Issue certified copy today itself. shg/