IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 29532 of 2009(J) --------------------------------------- PETITIONER(S): ---------------------- PUSHPAGIRI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, THIRUVALLA. REPRESENTED BY ITS ASST.ADMINISTRATIVE OFFICER, K.P.FRANCIS. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): ------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, DEPARTMENT OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI-110011. 2. THE MEDICAL COUNCIL OF INDIA, POCKET-14, SECTOR-8, DWARAKA PHASE-I, NEW DELHI 110 075 REPRESENTED BY ITS SECRETARY. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 4. THE MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM, REPRESENTED BY ITS REGISTRAR. R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR R2 BY ADV.SRI.ALEXANDER THOMAS, SC, MCI R3 BY GOVT. PLEADER SRI.JOSEPH GOERGE R4 BY ADV. SRI.T.A.SHAJI SC FOR UTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 29532/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER DTD. 15.9.2008 ISSUED BY THE UNIVERSITY. P2:- COPY OF THE LETTER DTD. 27.2.2009 ISSUED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT. P3:- COPY OF THE ORDER COMMUNICATED BY THE NATIONAL COMMISSIN FOR MINORITY INSTITUTIONS TO THE SECRETARY OF THE CENTRAL GOVERNMENT, STATE GOVERNMENT AND THE REGISTRAR OF THE MAHATMA GANDHI UNIVERSITY. P4:- COPY OF THE ORDER DTD. 3.4.2009 ISSUED BY THE UNIVERSITY. P5:- COPY OF THE REPRESENTATION DTD. 11.5.2009 MADE BY THE PETITIONER TO THE REGISTRAR OF THE MAHATMA GANDHI UNIVERSITY. P6:- COPY OF THE PROPOSAL SUBMITTED BY THE PETITIONER DTD. 31.7.2009. P7:- COPY OF THE LETTER DT. 5.10.2009 SENT BY THE MEDICAL COUNCIL OF INDIA. P8:- COPY OF THE JUDGMENT IN WP(C) 18774/2008. P9:- COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN 28384/07. RESPONDENT'S EXHIBITS R2(A):- COPY OF THE JUDGMENT OF THE HONOURABLE SUPREME COURT IN STATE OF MAHARASHTRA VS. INDIAN MEDICAL ASSOCIATION & ORSS. (2002) 1 SCC 589. R2(B):- COPY OF THE JUDGMENT OF THE HONOURABLE SUPREME COURT IN GOVT. OF APPENDIX & ANR. VS. MEDWIN VS. EDNL. SOCIETY & ORS. (2004) 1 SCC 86. R2(c):- COPY OF THE ORDER DT. 3.11.08 PASSED BY THE HONOURABLE SUPREME COURT IN WPC. 352/08. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 29532 of 2009 J ``````````````````````````````````````````````````````````` Dated this the 21st day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Prayers sought in the writ petition are the following:- “(a) Issue a writ of mandamus or any other appropriate writ order or direction commanding the Mahatma Gandhi University to grant Consent of Affiliation to the petitioner for starting post graduate courses namely 1.M.D.(Microbiology), 2. M.D.(Community Medicine), 3. M.D. (Pathology), 4. M.D.(Physiology), 5. M.D. (Anatomy), 6. M.D.(Biochemistry), 7. M.D. (Forensic Medicine) & 8. M.D. (Pharmacology). (b) Issue a writ of mandamus or any other appropriate writ order or direction commanding the State Government to issue a revised Essentiality Certificate in the prescribed format based on Ext.P3 order W.P.(C) No.29532/2011 : 2 : passed by the National Commission for Minority Educational Institutions. (c) Issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents not to reject the application submitted by the petitioner for issuance of letter of permission for starting Post Graduate Courses in 1.M.D. (Microbiology), 2. M.D.(Community Medicine), 3. M.D.(Pathology), 4. M.D. (Physiology), 5. M.D.(Anatomy), 6. M.D. (Biochemistry), 7. M.D.(Forensic Medicine) & 8. M.D. (Pharmacology).” 2. It is now submitted that during the pendency of the writ petition, for the subsequent Academic Year, viz., 2011-2012, consent of affiliation has been granted and revised Essentiality Certificate also has been issued. 3. Therefore, virtually, the prayers in the writ petition have been allowed. 4. However, learned counsel for the petitioner submits that they have a claim for refund of the processing fee paid for W.P.(C) No.29532/2011 : 3 : the Academic Year 2009-2010. 5. Taking note of the submission, it is clarified that the said claim of the petitioner has been left open to be raised before the appropriate authority. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/29532/2009 // True Copy // P.A. To Judge