IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 16647 of 2009(A) ---------------------------------------- PETITIONER(S): ---------------------- SREE ANJANEYA MEDICAL TRUST, KANCHAS COMPLEX, OPP.INDOOR STADIUM, CALICUT 673 004, REPRESENTED BY IT'S AUTHORISED SIGNATORY, DR.SUDHA ANIL. BY ADVS. MR.P.SANJAY, SMT.A.PARVATHI MENON, MR.BIJU MEENATTOOR, MR.M.MUHAMMED SHAFI. RESPONDENT(S): --------------------------- 1. UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPT. OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE MEDICAL COUNCIL OF INDIA, POCKET-14, SECTOR 8, DWARKA PHASE 1, NEW DELHI-110 077 REPRESENTED BY ITS SECRETARY. R1 BY ADV.MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL R2 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA R3 BY ADV. MR.ALEXANDER THOMAS, SC, MCI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No. 16647 of 2009 -------------------------- Dated this the 3rd July,2009 J U D G M E N T Petitioner, a trust, has established a Medical College, which is yet to be recognized by the Medical Council of India. Initially, the competent authority of the Government of Kerala had issued Essentiality Certificate in relation to the petitioner’s institution for 100 seats, as evidenced by Exhibit-P1. Based on the same, the University had granted an affiliation, as evidenced by Exhibit-P2. The Medical Council inspected the facilities in December 2008 and found deficit in the facilities. 2. Petitioner, apparently addressed the inadequacies pointed out by the Medical Council. A fresh inspection was conducted in May 2009 and it was found that the facilities are still inadequate for an intake of 100 seats. 3. In the meanwhile at the petitioners instance, the Government of Kerala had issued an Essentiality W.P ( C) No. 16647 of 2009 2 certificate for 150 seats, as evidenced by Exhibit-P4 which has been forwarded to the Medical Council of India. This writ petition has been filed praying for a direction to the Medical Council of India to reinspect the petitioner’s college, for the purpose of granting an approval for the year 2009. 4. The Medical Council has filed a statement, contending that inspection conducted twice revealed that the facilities offered by the petitioner are inadequate even for an intake of 100 seats. A time schedule which was fixed as per the regulations contemplates the Medical Council giving its recommendations qua any institution on or before the 15th of June 2009, 5. Today, Mr.Alexabnder Thomas, learned standing counsel for the 3rd respondent brings to my notice a communication issued by the Government of India requiring the Medical Council to inspect new Medical/Dental colleges including cases of increase of seats in existing colleges for the purpose of giving its recommendation to the Central Government. The last date W.P ( C) No. 16647 of 2009 3 for doing so has been extended to 8.7.2009. Recommendations are to reach the Central Government latest by 10/7/2009. Pursuant thereto petitioner's college has been again inspected on 2.7.2009. The results of the inspection and recommendations passed thereon will be forwarded to the Government within the extended date. Submission is recorded. Government of India shall take a decision in the matter of approving the petitioner’s institution for the current year on the basis of the recommendations of the Medical Council of India. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 16647 of 2009 4 W.P ( C) No. 16647 of 2009 5