IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 28384 of 2007(D) -------------------------- PETITIONER: ------------ THE QUILON MEDICAL TRUST, KOLLAM MEDICITY, UMAYANELLOOR, INDUSTRIAL ESTATE, MYLAPORE, KOLLAM-691589, REPRESENTED BY ITS CHIEF COORDINATOR, MR.S.NASSER. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ------------- 1. UNION OF INDIA, RPERESENTED BY ITS SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, DEPARTMENT OF HEALTH, NIRMAN BHAVAN, NEW DELHI-110011. 2. UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, UNIVERSITY OFFICE, THIRUVANANTHAPURAM. 3. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR FOR R.2,3 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 28384/07. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE APPLICATION DTD.28.8.07. P2. COPY OF THE COMMUNICATION DTD.11.9.07 BY R1. P3. COPY OF THE LETTER DTD.20.9.07 BY R4. P4. COPY OF THE FORM NO.3. P5. COPY OF THE GOVT. ORDER DTD.29.3.06. P6. COPY OF THE ORDER IN C.M.P.NO.46005/02 IN O.P.NO.27064/02 DTD.20.9.02. P7. COPY OF THE CONSENT BY KERALA UNIVERSITY. P8. COPY OF THE REPORT BY THE INSPECTION TEAM. P9. COPY OF THE INTERIM ORDER IN W.P(C).No. 25290/06 DTD.26.9.06. P10. COPY OF THE RENEWED ESSENTIALITY CERTIFICATE. P11. COPY OF THE CHALAN FOR PAYMENT FOR RS.50,000/- P12. COPY OF THE CHALAN FOR RS.5 LAKHS. P13. COPY OF THE REQUEST DTD.25.2.08. P14. COPY OF THE LETTER DTD.28.9.07. P15. COPY OF THE REPRESENTATION DTD.13.3.08. P16. COPY OF THE ESSENTIALITY CERTIFICATE ISSUED FOR 2008-09 AND 2009-10 BY R4. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.28384 of 2007 ================== Dated this the 18th day of August, 2008 J U D G M E N T The petitioner is a Trust which aspires to start a medical college. Ext.P1 application has been submitted before the 1st respondent for permission for starting the medical college. By Ext.P2, certain defects have been pointed out. According to the petitioner, in view of Exts.P7, P8 and P16, those defects have been duly cured. The petitioner now seeks a direction to the 1st respondent to process Ext.P1 application and to pass orders on the same expeditiously. 2. I have heard the learned Assistant Solicitor General, the learned Standing Counsel appearing for the University and the learned Government Pleader. 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to process Ext.P1 application submitted by the petitioner in accordance with law and to take it to its logical conclusion as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. While doing so, the 1st respondent shall consider Exts.P7, P8 and P16 also. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2 S.SIRI JAGAN, J. ================== W.P.(C).No.28384 of 2007 ================== Dated this the 25th day of July, 2008 O R D E R Admit. Learned Assistant Solicitor General takes notice on behalf of the 1st respondent. Learned Standing counsel takes notice on behalf of respondents 2 and 3. Learned Government Pleader takes notice on behalf of the 4th respondent. 3 There would be a direction to the 4th respondent to accept the fee from the petitioner for issue of essentiality certificate in the prescribed format and to issue the essentiality certificate in the prescribed format on payment of the fees, if not already paid for the periods 2008-09 and 2009-2010, forthwith. sdk+ S.SIRI JAGAN, JUDGE H/O.