IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 26499 of 2008(D) ----------------------------------- PETITIONER : ---------------- SREE ANJANEYA MEDICAL TRUST, KANCHAS COMPLEX, OPP. INDOOR STADIUM, CALICUT-673 004, REPRESENTED BY ITS AUTHORISED SIGNATORY DR. SUDHA ANIL. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON SRI.BIJU MEENATTOOR SRI.M.MUHAMMED SHAFI SRI.C.K.AJAYAKUMAR SRI.JINU JOSEPH SRI.J.ABHILASH RESPONDENTS : ------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPT. OF HEALTH AND FAMIL WELFARE SECRETARIAT, THIRUVANANTHAPURAM. 3. THE MEDICAL COUNCIL OF INDIA, POCKET-14, SECTION-8, DWARAKA PHASE-I, NEW DELHI - 110077, REPRESENTED BY ITS SECRETARY. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 SRI.ALEXANDER THOMAS, SC, MCI FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26499 of 2008(D) APPENDIX PETITIONER'S EXHIBITS : EXT.P1: TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT.) NO. 2474/2003/H & FWD DATED 22.08.2003 EXT.P2: TRUE COPY OF THE GOVT. ORDER G.O.(MS) NO.34/05/H & FWD DATED 11.02.2005 EXT.P3: TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 17.02.2006 ISSUED BY THE UNIVERSITY OF CALICUT EXT.P4: TRUE COPY OF THE ORDER DATED 29.03.2006 EXT.P5: TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.25290/2006 DTD. 26.09.2006 EXT.P5(a): TRUE COPY OF THE ORDER DTD.17.09.2007 IN CONTEMPT CASE NO.896/2007 EXT.P6: TRUE COPY OF THE ESSENTIALITY CERTIFICATE DATED 24.09.2007 EXT.P7: TRUE COPY OF THE REPRESENTATION ALONG WITH POSTAL RECEIPT DATED 29.06.2007 TO UNIVERSITY EXT.P8: TRUE COPY OF THE LETTER DATED 11.12.2007 FROM GOVERNMENT OF INDIA EXT.P9: TRUE COPY OF THE REQUEST DATED 05.03.2008 TO STATE OF KERALA EXT.P10: TRUE COPY OF THE CERTIFICATE DATED 29.12.2007 ISSUED BY CALICUT UNIVERSITY EXT.P11: TRUE COPY OF THE LETTER DATED 19.02.2008 TO GOVERNMENT OF INDIA EXT.P12: TRUE COPY OF THE LETTER DATED 18.03.2008 FROM GOVERNMENT OF INDIA WP(C).No. 26499 of 2008(D) EXT.P13: TRUE COPY OF THE INTERIM ORDER DATED 23.05.2008 IN W.P. (C) NO.14644/08 EXT.P14: TRUE COPY OF THE DECISION OF THE UNIVERSITY 07.07.2008 EXT.P15: TRUE COPY OF THE ESSENTIALITY CERTIFICATE DATED 28.06.2008 EXT.P16: TRUE COPY OF THE COVERING LETTER DATED 18.07.2008 FROM GOVERNMENT OF INDIA EXT.P17: TRUE COPY OF THE INTERIM ORDER DATED 08.08.2008 IN W.P. (C) NO.14644/08 EXT.P18: TRUE COPY OF THE CONSENT DATED 22.08.2008 ISSUED BY THE UNIVERSITY OF CALICUT EXT.P19: TRUE COPY OF THE DIVISION BENCH JUDGMENT OF MADRAS HIGH COURT DATED 20.06.2008 EXT.P20: TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN SLP NO.15391/2008 EXT.P21: TRUE COPY OF THE LETTER DATED 02.11.2007 EXT.P22: TRUE COPY OF THE AFFIDAVIT DATED 21.11.2007 EXT.P23: TRUE COPY OF THE CERTIFICATE NO.G1/10707/07 ISSUED BY THE TAHASILDAR EXT.P24: TRUE COPY OF THE LETTER NO.C3.869/06 ISSUED BY THE PANCHAYAT DATED 19.11.2007 EXT.P25: TRUE COPY OF THE LETTER NO.A5.1443/07 DATED 17.11.2007 EXT.P26: TRUE COPY OF THE JUDGMENT IN WP(C) NO.26806/07 DATED 18.10.2007 EXT.P27: TRUE COPY OF THE REPORT OF THE COMMITTEE EXT.P28: TRUE COPY OF THE INTERIM ORDER DATED 08.08.2008 EXT.P29: TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 22.08.2008 WP(C).No. 26499 of 2008(D) EXT.P30: TRUE COPY OF THE CONSENT OF AFFILIATION NO. GA1/D4/6750/07 DATED 26.11.2008 RESPONDENTS EXHIBITS :- EXT.R-3/1: COPY OF THE COMMUNICATION DT.14.05.2003 SENT BY THE CENTRAL GOVT. TO ALL THE COLLEGES/UNIVERSITIES, STATE & UT AUTHORITIES EXT.R-3/2: COPY OF THE JUDGMENT DT.12.01.2005 PASSED IN MRIDUL DHAR'S CASE - (2005) 2 SCC 65 EXT.R-3/3(COLLY.): COPY OF COMPILATION IN WP(C) NO.265/2005 - VINAYAKA MISSION VS. UOI FOR THE ACADEMIC YEAR 2005-06 AND 2006-07 EXT.R-3/4: COPY OF THE LETTER DT.15.03.2005 ADDRESSED BY THE GOVT. OF INDIA TO THE MCI EXT.R-3/5: COPY OF THE LETTER DT.18.05.2005 ADDRESSED BY THE GOVT. OF INDA TO THE DCI EXT.R-3/6: COPY OF THE ORDER DATED 28.09.2007 PASSED BY THIS HON'BLE COURT IN WP(C) NO.25290/2006 EXT.R-3/7: COPY OF THE MCI'S LETTER DATED 30.11.2007 EXT.R-3/8(COLLY.): COPIES OF GOI'S LETTER DT.24.06.2008 TOGETHER WITH LETTER OF PETITIONER-TRUST DT.28.05.2008 AND ORDER THE DT.23.05.2008 PASSED BY THIS HON'BLE COURT IN WP(C) NO.14644/2008 (R) EXT.R-3/9(C0LLY.): COPIES OF PETITIONER-TRUST'S LETTER DT.28.08.2008 TOGETHER WITH CONSENT OF AFFILIATION DT. 22.08.2008 -TRUE COPY- P.A TO JUDGE V.GIRI, J. ------------------------------ W.P.(C) No.26499 OF 2008 ------------------------------ Dated this the 4th day of December, 2008 JUDGMENT Petitioner is a Trust and proposes to establish a medical college. It sought for sanction in this regard from the 3rd respondent. The Medical Council of India has filed a counter resisting the prayers made in the writ petition, it is stated by Medical Council of India in paragraph 74 of the counter affidavit that the qualifying criteria of the statutory regulations of M.C.I., are; documentary proof of the applicant having 25 acres of single contiguous plot of land for the proposed medical college, Essentiality Certificate from the state Government, consent of affiliation from a university valid for the relevant academic year, and the existence of a functional 300 bedded hospital with adequate clinical material. 2. It is pointed out by Mr.Sanjay, learned counsel for petitioner that proof regarding the availability of 25 acres of land, and a functional 300 bedded hospital is available and shall be placed before the Medical Council of India, if not W.P.(C) 26499 of 2008 2 already placed. He refers to Ext.P27 report of the State Government, affirming the availability of the 300 bedded hospital of the petitioner. He also refers to Ext.P15 Essentiality Certificate, issued by the State Government on 28.06.2008, on the basis of an inspection conducted by a team deputed by the Government. Reference is also made to Ext.P30 consent of affiliation granted by the University of Calicut on 26.11.2008, for 2008-2009 and 2009-2010 academic years. These are the matters to be considered by the Medical Council. 3. Mr.Alexander Thomas, learned counsel for M.C.I. refers to the deadline prescribed by the statutory regulations, for the issuance of a letter of intent by the Medical Council to the Central Government, one of the steps to be taken before a sanction is given by the Central Government. Letter of Promotion is issued by the Central Government in terms of statutory regulations as directed by the Supreme Court in Mridul Dhar (minor) and another Vs. Union of India and others (2005(2) SCC 65). He submits that the recommendations for the letter of intent for the year 2009- W.P.(C) 26499 of 2008 3 2010 can be issued latest by the 31st of December, 2008. 4. In this circumstances, it is for the Medical Council of India to consider the petitioner's eligibility, for starting a medical college before deciding to recommend the petitioner to the Central Government for the issuance of letter of intent and letter of promotion. 5. In the result, the writ petition is disposed of directing the 3rd respondent, Medical Council of India, to consider the petitioner's application, for starting a medical college, with reference to the documents mentioned in the petition, to be placed before the Medical Council of India, within one week from today. The documents, which are stated to be mandatory by the medical council, refereed to above, shall also be placed. The medical council shall then decide whether the petitioner is eligible for an inspection preceding a recommendation for a Letter of Intent for 2009-2010 and if it is eligible, medical council shall see that the said recommendations are made and inspection is done on or W.P.(C) 26499 of 2008 4 before 20th December 2008. Thereupon, based on the report submitted by the inspection team, the Medical council shall decide whether Letter of Intent is to be issued and if the petitioner is found eligible, necessary recommendations shall be made, keeping in mind the deadline of 31.12.2008. V.GIRI JUDGE pac