IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WA.No. 2064 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.19604/2009 Dated 21/08/2009 .................... APPELLANTS/RESPONDENTS: -------------- 1. THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, THNHIPALAM, MALAPPURAM DISTRICT. 2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, THENHIPALAM, MALAPPURAM DISTRICT. BY ADV. SRI.SANTHOSH MATHEW RESPONDENTS/:PETITIONER & ADDL.3RD RESPONDENT: --------------- 1. JUBILEE MISSION MEDICAL COLLEGE REPRESENTED BY ITS DIRECTOR, THRISSUR. 2. THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, POCKET-14, SECTOR 8, DWARAKA, NEW DELHI. ADV. SRI.ALEXANDER THOMAS, SC, MCI FOR R2 SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE FOR R1 SRI.TONY GEORGE KANNANTHANAM FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2011, ALONG WITH WA NO.2043 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(W.A. 2064/2009) ANNEXURE-I: COPY OF NOTIFICATION DT.13.12.2010 ISSUED BY THE CALICUT UNIVERSITY. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal Nos.2064 & 2043 of 2009 .................................................................... Dated this the 4th day of July, 2011. JUDGMENT Ramachandran Nair, J. The University has filed appeals challenging the direction of the learned Single Judge to grant affiliation to the respondent-Medical Colleges. We have heard Standing Counsel for the appellant- University, Sri.Kurian George Kannanthanam, Senior counsel appearing for respondent-colleges and also Standing Counsel appearing for the Medical Council of India. 2. The respondent-colleges admittedly enjoy permanent recognition from the Medical Council of India for running the Medical College. They are functioning for the last 8 years and upto 2008-2009 the college had affiliation from the University of Calicut. The respondents got permanent recognition from the Medical Council of India only from the year 2009-2010 onwards. However, since the affiliation is an year to year exercise, the University has to consider the respondent's eligibility for continued affiliation. The grievance of the W.A. 2064&2043/09 2 University is against the direction issued by the learned Single Judge holding that University has no escape but to grant affiliation based on the permanent recognition granted by the Medical Council of India. We are unable to uphold this finding of the learned Single Judge because in our view, the University is entitled to verify whether the facilities are available in the college in accordance with the MCI Regulations for continued affiliation. Therefore, while considering affiliation, the University is entitled to verify whether the college has all the facilities, both infrastructural and instructional, in accordance with the MCI Regulations. We modify the judgment to this extent with direction to the University to consider affiliation for 2009-2010. Senior counsel stated that already affiliation is granted to respondent- colleges by the Kerala University of Health Sciences for the academic year 2010-2011. In the circumstances, the appellant-University will consider the eligibility of respondent-colleges for affiliation for 2009- 2010 and take a decision without any delay. The respondents can proceed with admissions and course study and examination conducted based on interim orders will stand regularised, if University grants W.A. 2064&2043/09 3 affiliation. Writ Appeals are disposed of modifying the impugned judgment as above. Sd/- C.N.RAMACHANDRAN NAIR Judge Sd/- P.S.GOPINATHAN Judge True copy P.S. to Judge pms