IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 3527 of 2009(T) ------------------------- PETITIONER(S): --------------- SREE ANJANEYA MEDICAL TRUST,KANCHAS COMPLEX, OPP.INDOOR STATIUM,CALICUT 673004 REPRESENTED BY IT'S AUTHORISED SIGNATORY DR.SUDHA ANIL. BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON SRI.BIJU MEENATTOOR SRI.M.MUHAMMED SHAFI SRI.C.K.AJAYAKUMAR SRI.JINU JOSEPH SRI.J.ABHILASH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, DEPT.OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION TRIVANDRUM. 3. MEDICAL COUNCIL OF INDIA(MCI) REP. BY ITS SECRETARY, POCKER-14, SECTOR 8, DWARAKA, NEW DELHI- 110077 Addl.R3 is impleaded as per order dated 26.3.09 in I.A.No.4439/09 ADV. SRI.ALEXANDER THOMAS, SC, MCI FOR R3 BY GOVT. PLEADER SRI. ASIF M.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Ext.P1. True copy of the Inspection report of the Directorate of the Medical Education. Ext.P2. True copy of the Essentiality Certificate dated 28.6.08 issued to the petitioner. Ext.P3. True copy of the consent of of affiliation dated 26.11.08 issued to petitioner. Ext.P4. True copy of the representation dated 31.10.2008 made to the 2nd respondent. Ext.P5. True copy of the representation dated 13.12.08 made to the 2nd respondent. Ext.P6. True copy of the judgment dated 4.12.08 in WP(c).26499/08. Ext.P7. True copy of the amendment regulation Ext.P8. True copy of the representation dated 28.12.08 Ext.P9. True copy of the Medical Council Schedule Respondent's Exhibits Ext.R3(a) True copy of the status note in this matter. Ext.R3(b) True copy of the MCI letter No.34/41/2008-Med/39052 dt.31.12.2008 sent to Govt. of India. Ext.R3(c). True copy of the MCI letter No.34/42/2008/Med 3901 dt.31.12.2008 sent to Govt, of Kerala. // true copy // P.A to Judge. ANTONY DOMINIC,J. --------------------- W.P.(C).No.3527 OF 2009 ------------------------ Dated this the 26th day of March, 2009. JUDGMENT The prayer in this writ petition is to direct the first respondent to carry out an inspection of the infrastructural facilities available with the petitioner and to issue an essentiality certificate in accordance with the same. There is a further prayer to consider the case of the petitioner for enhancement of the number of the seats for the proposed medical college. 2. In so far as the clam for enhancement of the seats in the proposed medical college is concerned, Ext.P2 essentiality certificate already granted to the Petitioner was for 100 seats and the request now made is to enhance the same to 150 seats. This prayer for enhancement is not pressed before me and therefore, I am not called upon to deal with the same. WP(c).No.3527/09 2 3. In so far as the first prayer for the inspection of the infrastructural facilities available with the Petitioner is concerned, Ext.P2 is the essentiality certificate that was issued by the first respondent on 28.6.2008. Pursuant to Ext.P6, a team deputed by the Medical Council of India inspected the infrastructural facilities available with the petitioner and by Ext.R3(d) dated 31.12.2008, the college was found to be short of teaching faculty by 18.1%. On this basis, State Government was directed to show cause why the essentiality certificate in the manner as Ext.P2 was issued. 4. Although the petitioner has an explanation for the shortage as found in Ext.R3(b), petitioner states that in relation to yet another hospital namely KMCT, Kozhikode by Ext.P13 inspection report of the Medical Council of India, they found shortage of 47.2% in the teaching faculty. It is stated that subsequently, based on Ext.P14 request made by the aforesaid Trust to the first respondent, an inspection was conducted based on the orders issued by the Director of WP(c).No.3527/09 3 Medical Education and Ext.P15 report was submitted. It is stated that on the basis of Ext.P15 a fresh essentially certificate was granted for the next academic year, a copy of which s Ext.P16. Relying on Exts.P14, P15 and P16, petitioner also seeks a direction to the first respondent to conduct a fresh inspection and if the college satisfies the requirement, to issue an essentially certificate afresh. 5. The learned Government Pleader and also the learned counsel appearing for the MCI objects to the prayer. However, on a reading of Exts.P13 to P16 referred to above, I am inclined to think that the request of the petitioner is similar to what was made and conceded in favour of KMCT referred to above. 6. True the standing counsel for the MCI points out that such essentially certificate, even if issued can only relate to the academic year 2010-2011. In view of the decision in Mridul Dhar & Anor. V. Union of India (2005(2)SCC 65), without disturbing the time factor stated in the aforesaid judgment in WP(c).No.3527/09 4 any manner, taking into account the fact that the case of the petitioner is similar in all respects to that of the KMCT referred to above, I direct that the petitioner can make a representation to the first respondent, in which event the Director of Medical Education will issue necessary direction for constitution of an Inspection team and conduct an inspection in the manner conducted in the case of KMCT. On the basis of the report of the inspection so conducted the case of the Petitioner for issuance of essentiality certificate should also be considered. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.3527/09 5