Allowed

Psn Educational and Charitable Trust, v. State of Kerala

Kerala HC28 Oct 2020WP(C)/18641/2020

Case brief

AI extract

What is this about?

The Court set aside an order rejecting an application for a renewed Essentiality Certificate for a medical college, relying on a prior decision that policy grounds cannot justify rejection, and directed reconsideration within a specified timeline.

What did the court decide?

Ext.P12 set aside; direction to 1st respondent to reconsider application and pass orders by 15.11.2020.

Psn Educational and Charitable Trust, Vs State of Kerala — Kerala HC (2020) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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WEDNESDAY, THE 28TH DAY OF OCTOBER 2020/6TH KARTHIKA, 1942

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WP(C).No.18641 OF 2020(E)

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PETITIONER:

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PSN EDUCATIONAL AND CHARITABLE TRUST, REG. NO.97/200, P.S. NADAR BUILDING, COURT ROAD, NAGERCOIL, KANYAKUMARI DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDERDR. K.J. ABRAHAM, AGED 73 YEARS, S/O. JOSEPH, KALAMANNIL HOUSE, KOZHENCHERRY P.O., PATHANAMTHITTA DISTRICT.

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BY ADVS. SRI.S.VINOD BHAT KUM.ANAGHA LAKSHMY RAMAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 MEDICAL COUNCIL OF INDIA, DWARAKA, NEW DELHI-110077, REPRESENTED BY ITS SECRETARY.

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ADDL.3 NATIONAL MEDICAL COMMISSION, DWARAKA, NEW DELHI – 110 077, REPRESENTED BY ITS CHAIRMAN.

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WPC.18641/2020

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: 2 :

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ADDL.4 UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEAR UDYOG BHAVAN, METRO STATION, MOULANA AZAD ROAD, NEW DELHI – 110 011.

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(ADDITIONAL RESPONDENTS 3 AND 4 ARE IMPLEADED AS PER ORDER DATED 28.10.2020 IN IA NO.1/2020)

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R1 BY GOVERNMENT PLEADER SRI.M.A.ASIF R2, R3 BY SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA R4 BY SRI.P. VIJAYAKUMAR, ASGI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC.18641/2020

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J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 28^th day of October, 2020

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Petitioner seeks to quash Ext.P12 and to direct the

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1^st respondent to issue/renew the Essentiality Certificate of the petitioner within a reasonable time.

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The petitioner, which is an education charitable trust, seeks for issuance of renewed Essentiality Certificate to start a Medical College. Their application has been rejected as per Ext.P12 order of the Principal Secretary to Government, Government of Kerala, which reads as follows:-

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“I am directed to invite your attention to the reference cited and to inform you that the policy decision of Government is not to issue fresh Essentiality Certificate for starting new Medical colleges in the Private Sector. Hence your application for renewal of Essentiality Certificate in respect of M/s Ayyappa Medical College, Vadaserikkara cannot be considered at present.”

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WPC.18641/2020

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: 4 :

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This Court has considered the issue of rejection of Essentiality Certificate based on the policy decision of Government in W.P.(C) No.27266/2019 and held that the Government shall not reject applications for Essentiality Certificates based on policy considerations.

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The learned Standing Counsel appearing for the MCI/NMC states that the last date for submission of application for commencement of Medical College stands extended up to 30.11.2020.

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In such circumstances, Ext.P12 is liable to be set aside. Accordingly, Ext.P12 is set aside. There will be a consequential direction to the 1^st respondent to re-consider the application for Essentiality Certificate submitted by the petitioner and pass appropriate orders thereon on or before 15.11.2020.

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The writ petition is disposed of as above.

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N. NAGARESH, JUDGE

aks/28.10.2020

WPC.18641/2020

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APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 COPY OF THE NO OBJECTION CERTIFICATE NO.44040/S3/2012/H&FWD DATED 04/06/2013.

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EXHIBIT P2 COPY OF THE NOTIFICATION G.O.(P) NO.403/2013/RD DATED 24/09/2013. EXHIBIT P3 COPY OF THE BUILDING PERMIT NO. A- 01/4428/88/2015 DATED 25/03/2015 ISSUED BY VADASSERIKARA GRAMA PANCHAYAT. EXHIBIT P4 COPY OF THE NO OBJECTION CERTIFICATE NO. A1-1264/2016 DATED 26/02/2016 ISSUED BY DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, KOTTAYAM. EXHIBIT P5 COPY OF THE CONSENT DATED 26/07/2016 FROM KERALA STATE POLLUTION CONTROL BOARD. EXHIBIT P6 COPY OF THE CERTIFICATE NO. C840463/10 DATED 31/10/2016 ISSUED BY DISTRICT COLLECTOR, KOTTAYAM.

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EXHIBIT P7 COPY OF THE REGISTRATION FOR OPERATION OF MEDICAL DIAGNOSTIC X-RAY EQUIPMENT (CASE FILE NUMBER KL-48106RF-XR-005- ISSUE DATE 04/05/2017)

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EXHIBIT P8 COPY OF THE REGISTRATION FOR OPERATION OF MEDICAL DIAGNOSTIC X-RAY EQUIPMENT (CASE FILE NO. KL-48106-RFXR-002-ISSUE DATE-04/05/2017

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WPC.18641/2020

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: 6 :

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EXHIBIT P9 COPY OF THE REGISTRATION FOR OPERATION OF MEDICAL DIAGNOSTIC X-RAY EQUIPMENT (CASE FILE NO. KL-48106-RFXR-003-ISSUE DATE-04/05/2017) EXHIBIT P10 COPY OF CERTIFICATE OF REGISTRATION DATED 01/08/2016 ISSUED BY VADASERIKARA GRAMA PANCHAYAT. EXHIBIT P11 COPY OF THE RENEWED ESSENTIALITY CERTIFICATE NO.22347/S3/2015/H&FW DATED 03/02/2016. EXHIBIT P12 COPY OF THE LETTER NO.S3/527/2016HEALTH DATED 07/01/2020.

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EXHIBIT P13 COPY OF THE CERTIFICATE NO. SR. 7941/12 DATED 11/01/2013 ISSUED BY DIVISIONAL FOREST OFFICE, RANNI.

Psn Educational and Charitable Trust, v. State of Kerala

Case brief

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Psn Educational and Charitable Trust, v. State of Kerala

Case brief

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