A medical college challenged withdrawal of its Essentiality Certificate and proposed shifting of existing MBBS students. The court upheld the orders, accepting withdrawal where the certificate's substratum had disappeared, and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WP(C).No.236 OF 2020(D)
PETITIONER :-
THE CHAIRMAN,
SR EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O, AKATHUMURI, VARKALA, TRIVANDRUM DISTRICT - 695 318.
BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM SRI.THOMAS GEORGE SRI.P.M.SANEER SRI.ALEX GEORGE (CHAMAPPARAYIL)
RESPONDENTS :-
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE DEPARTMENT, NIRMAN BHAVAN, NEW DELHI - 110 011
2 THE BOARD OF GOVERNORS, MEDICAL COUNCIL OF INDIA, POCKET-14, SECTOR 8, DWARAKA PHASE 1, NEW DELHI - 110 077 (REPRESENTED BY ITS SECRETARY)
3 STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695 001.
ADDL. 6 MIDHUN BABU.S., AGED 25 YEARS, S/O. BABU S., KAVUVILA VEEDU, VELLAYANI, OOKKODE P.O., THIRUVANANTHAPURAM - 695 020.
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| ADDL. | 7 | GOVIND JAYAN, AGED 22 YEARS, S/O.V.JAYADHARA KUMAR, PARVATHY SADANAM, EDACODE, NEMOM - 695 020. |
|---|---|---|
| ADDL. | 8 | KAMAL J. MANJESH, AGED 23 YEARS, S/O.MANJESH, MANJESH BHAVAN, KALLUVATHUKKAL P.O., KOLLAM - 691 578. |
| ADDL. | 9 | SHIJIN K., AGED 23 YEARS, S/O.KRISHNAN V., SREEVIHAR, SURYA NAGAR, KAKKANNI, NSS ENGINEERING COLLEGE P.O., PALAKKAD - 678 008. |
| ADDL. | 10 | AJIN S. ASHARAF, AGED 22, S/O.ASHARAFUDEEN M., KADAYIL VEEDU, PUTHAYAM, KARUKONE P.O., ANCHAL - 691 306. |
| ADDL. | 11 | AKSHAY PRADEEP, 21 YEARS, S/O. PRADEEP T., ARUN NIVAS, KAROOR, AMBALAPUZHA P.O., ALAPPUZHA. |
| ADDL. | 12 | AJAYDAS P.G., AGED 22 YEARS, S/O.GOPUDAS P.A., PUTHUKATTUPARAMBIL, PANDIKAVU, CHEROOR P.O., THRISSUR. |
| ADDL. | 13 | JINCY MOL, AGED 22 YEARS, D/O.SHAJI, KONNAKATTUVILAI, NEDIYASALAI, ARUMANAI P.O., KANYAKUMARI DISTRICT, TAMIL NADU - 629 151. |
| ADDL. | 14 | ADHEENA JOY, AGED 22 YEARS, D/O. T.M. JOY, THAIPPADATH HOUSE, KOLARIKKAL ROAD, SOUTH CHITTOOR P.O., ERNAKULAM, KOCHI - 682 027. |
| ADDL. | 15 | ATHIRA PRASANNAKUMAR, AGED 22 YEARS, D/O.P.PRASANNAKUMAR, UTHRAM, CKRA 155, KARIYAM, SREEKARYAM P.O., THIRUVANANTHAPURAM - 695 017. |
| ADDL. | 16 | AISWARYA S.S., AGED 22 YEARS, D/O.SAJI G., CHOTHI, T.C. 64/2075, NEAR BNV HSS, THIRUVALLAM P.O., THIRUVANANTHAPURAM - 695 027. |
| ADDL. | 17 | GOPIKA, AGED 22 YEARS, D/O. GOPI K.M. KALATHUNGAL HOUSE, VADAKKUMPURAM P.O., N. PARAVUR, ERNAKULAM - 683 521. |
| ADDL. | 18 | SANGEETHA N. SATHEESH, AGED 23 YEARS, D/O. SATHEESH KUMAR, SAJUSH NIVAS, KOLLAMKONAM, VILAPPILSALA P.O., THIRUVANANTHAPURAM - 695 573. |
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| ADDL. | 19 | ANCY ELIZABETH PHILIP, AGED 22, D/O.PHILIP JOSEPH, KADAVOOR HOUSE, THAZHTHANGADY P.O., KOTTAYAM, KERALA - 686 005. |
|---|---|---|
| ADDL. | 20 | SHEHAN SUNIL JINNA, AGED 22 YEARS, S/O.SUNIL JINNA, ARCHANA, KRISHNAPURAM P.O., KAYAMKULAM - 690 533. |
| ADDL. | 21 | HASNA, AGED 22 YEARS, D/O.UMMER A.K., APPAMKANDATHIL HOUSE, CHERUKODE P.O., VALLAPUZHA, PALAKKAD - 679 336. |
| ADDL. | 22 | KEERTHI R NATH, AGED 22 YEARS, D/O.ANITHAKUMARI, SARASASADANAM, PUNUKKANNOOR, PERUMPUZHA P.O., KERALAPURAM - 691 504. |
| ADDL. | 23 | AISHWARYA SANTHOSH, AGED 22 YEARS, D/O.RANJITHA SANTHOSH, SFS FAIR MOUNT IOC, M.P.APPAN ROAD, VAZHUTHACAUD, TRIVANDRUM - 695 014. |
| ADDL. | 24 | VEENA T., AGED 22 YEARS, D/O. JAYASREE, VISHNU BHAVAN, KOILVILLA, GRAMOM, PARASSALA P.O., PIN - 695 502. |
| ADDL. | 25 | VINDUJA NANDAKUMAR, AGED 22 YEARS, D/O.VALSALA NANDAKUMAR, THEVARNILATHIL HOUSE, IRIMPANAM P.O., PIN - 682 309. |
| ADDL. | 26 | ASHITHA MOHAN M.B., AGED 22 YEARS, D/O.S.MOHANLAL, THAZHAVILA VEEDU, VAYYETTU, VENJARAMOOD, THIRUVANANTHAPURAM - 695 607. |
| ADDL. | 27 | ARUNDATHY T.A., AGED 23 YEARS, D/O.ANILKUMAR T.R., DEVIKA RANI K.T., THAIPPARAMBIL HOUSE, KALAPPURA WARD, ALAPPUZHA - 688 007. |
| ADDL. | 28 | RESHMA RAVEENDRAN, AGED 23 YEARS, D/O.N.K. RAVEENDRAN, KAMALALAYAM (KAMALANKAVU), PONNAD P.O., ALAPPUZHA - 688 538. |
| ADDL. | 29 | AMINA SULAIMAN, AGED 23 YEARS, D/O.SULAIMAN A., OUDH MANSON, PLAVINMOODU, ELAMPA P.O., ATTINGAL - 659 103. |
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| ADDL. | 30 | REVATHY S., AGED 22 YEARS, D/O. MANI K., SINDHU MANDIRAM, KUZHIYAM, CHANDANATHOPE P.O., KOLLAM - 691 014. |
|---|---|---|
| (ADDITIONAL R6 TO R30 ARE IMPLEADED AS PER ORDER DATED 27/02/2020 IN I.A.No.3/2020) |
||
| ADDL. | 31 | SIDHARTH SREEKUMAR, AGED 23 YEARS, S/O.SREEKUMAR, RESIDING AT SREE BHAVAN, PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA - 688 531. |
| ADDL. | 32 | ARYA ABHEDANANDAN, AGED 23 YEARS, D/O.ABHEDANANDAN K.P., RESIDING AT ANANDA VILASOM, ELIKKATTOOR P.O., PIRRAVANTHOOR, KOLLAM - 689 696. |
| ADDL. | 33 | RADHIKA SANKAR, AGED 22 YEARS, D/O.C.R.RAVISANKAR, RESIDING AT SANTHRA, MULLOTHU LANE, PAHZAVEEDU P.O., ALAPPUZHA - 688 009. |
| ADDL. | 34 | ARJUN A., AGED 22 YEARS, S/O. MOHANDAS M., RESIDING AT .G.G. COTTAGE, PALAMEDU STREET, SEKHARIPURAM, PALAKKAD - 678 010. |
| ADDL. | 35 | CHARUSOORYAN, AGED 22 YEARS, S/O.SHANMUKHAN K., RESIDING AT PUTHUVAL VANDANAM P.O., AMBALAPPUZHA, ALAPPUZHA - 688 005. |
| ADDL. | 36 | SWATHIKRISHNAN, AGED 22 YEARS, D/O.DR.PADMAKUMAR S.K., RESIDING AT AISWARYA, TC 14/984, CHENNILODE, KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011. |
| (ADDITIONAL R31 TO R36 ARE IMPLEADED AS PER ORDER DATED 27/02/2020 IN I.A.No.4/2020) |
||
| ADDL. | 37 | G. HARISHANKAR, AGED 21 YEARS, S/O.GOPAKUMAR G., MANIMURALI, KOLLAKONAM, PAYATTUVILA P.O., THIRUVANANTHAPURAM - 695 014. |
| ADDL. | 38 | DEEPAK V.S., AGED 22 YEARS, S/O. SUDEVAN K., VILAYIL HOUSE, KALAKKOD P.O., PARAVUR, KOLLAM - 691 302. |
| ADDL. | 39 | NIKHIL R., AGED 22 YEARS, S/O. RAMESH NANADANAM, PERUNGALA, KAYAMAKULAM - 690 559. |
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| ADDL. | 40 | LAKSHMI GOPINATH, AGED 22 YEARS, D/O.GOPINATHAN PILLAI, MALAMPARA HOUSE, KAITHAKODI, AYROOR, PATHANAMTHITTA - 689 614. |
|---|---|---|
| ADDL. | 41 | DINYAMOL REGI, AGED 23 YEARS, D/O.REJI MATHEW, NJAVALLIKUNNEL HOUSE, CHELLAROVIL P.O., ANAKKARA, IDUKKI - 685 512. |
| ADDL. | 42 | NAMITHA JAYAPRAKASH, AGED 22 YEARS, D/O.JAYARAKASH C.B., CHEMPANKULAM HOUSE, AYYAPPANCOIL P.O., MARYKULAM, IDUKKI - 685 507. |
| ADDL. | 43 | KADEEJATHU NOORBINA, AGED 22 YEARS, D/O.AGC BASHEER, KALAM VILLA, AYITTY, TRIKARIPUR P.O., KASARAGOD - 671 310. |
| ADDL. | 44 | ARYA V.M., AGED 22 YEARS, D/O.MANIKANTAN V.V., V.V. MANA, SOUTH NIDUVAPPURAM, KARIVELLUR P.O., KANNUR - 670 521. |
| ADDL. | 45 | AFITHA E.A., AGED 22 YEARS, D/O.ABU E.A. ENGIKKALAYIL HOUSE, CHIRAKKAL, KATTAMKAPAL POST, THRISSUR - 680 544. |
| ADDL. | 46 | ABHIRAMI, AGED 22 YEARS, D/O.SANTHOSH BABU A.T., AVANIKOODU, PUZHATHI P.O., CHIRAKKAL, KANNUR - 670 011. |
| ADDL. | 47 | MALAVIKA V. NAIR, AGED 22 YEARS, D/O.VINOD, PUTHENVEEDU, CHAVARA P.O., KOLLAM - 691 583. |
| ADDL. | 48 | AYANA EDWIN, AGED 22 YEARS, D/O.EDWIN, CHURCH VIEW, AMBALATHINKARA, KAZHAKUTTOM P.O., THIRUVANANTHAPURAM - 695 582. |
| ADDL. | 49 | A.U. JAYALAKSHMI, AGED 22 YEARS, D/O.AJITH K.S., USHUS, VAZHAVILAKOM, BALARAMAPURAM P.O., THIRUVANANTHAPURAM - 695 501. |
| ADDL. | 50 | JOHN NELSON, AGED 22 YEARS, S/O.NELSON JOHN, KINATHINKARA, KIZHAKKETHIL JO BHAVAN, PUTHOOR P.O., KOLLAM - 691 507. |
| ADDL. | 51 | RESHMA G.S., AGED 22 YEARS, D/O.P. GURULAL, VRINDAVANAM, UMMANNOOR P.O., KOTTARAKKARA, KOLLAM - 691 520. |
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| ADDL. | 52 | BENSEN THOMAS, AGED 23, S/O.P.K. THOMAS, POTHUMURIYIL HOUSE, PATTUMANOOR, PUTHENCRUZE P.O., ERNAKULAM - 682 308. |
|---|---|---|
| ADDL. | 53 | BHARATH GOPAN T.G., AGED 22, S/O.GOPAN PILLAI V.T., ADARSH NAGAR, HOUSE NO.156, SHAINA MANSIL, PLAMOODU, THIRUVANANTHAPURAM - 695 004. |
| ADDL. | 54 | ABY SURESH, AGED 22 YEARS, S/O.G.K. SURESH KUMAR, 8/997, BUTTERFLIES, THAVARAVILA, CHAIKKOTTUKONAM P.O., THIRUVANANTHAPURAM - 685 122. |
| ADDL. | 55 | JOHN MATHEW, AGED 22 YEARS, S/O.JOY K.U., KANNIVATTUKUNNEL HOUSE, VALAVOOR P.O., PALA, KOTTAYAM - 686 635. |
| ADDL. | 56 | AMAL GOVIND K.G., AGED 22 YEARS, S/O. GOVINDAN K.C., KARIYATHANKUZHIYIL HOUSE, EDIVANNA P.O., PERUVAMPADAM, NILAMBUR, MALAPPURAM - 679 329. |
| ADDL. | 57 | RIYAS JOY, AGED 23 YEARS, S/O.JOY KUMAR D.R., KIZHAKKEVILA VEEDU, MERA-89, MANNANTHALA P.O., THIRUVANANTHAPURAM - 695 015. |
| ADDL. | 58 | PARVATHY AJAYAN, AGED 22 YEARS, D/O.S. AJAYAKUMAR, NAGIN, K.G.R.A.-76, KALLUMOODU GARDENS, ANAYARA P.O., THIRUVANANTHAPURAM - 695 029. |
| ADDL. | 59 | ANANTHAKRISHNAN P., AGED 22 YEARS, S/O.C.K. PADMAKARAN, CHARUSILA, TC 49/573, NEMOM P.O., THIRUVANANTHAPURAM - 695 020. |
| ADDL. | 60 | NISANTH A.S., AGED 22, S/O. AJAYAKUMAR G., DEEPARADHANA, THALAVOOR, NADUTHERI, KOLLAM - 690 523. |
| (ADDITIONAL R37 TO R60 ARE IMPLEADED AS PER ORDER DATED 27/02/2020 IN IA 6/2020) |
||
| ADDL. | 61 | DRISHYA DILIP B., AGED 21 YEARS, D/O.DILIP C.D., T.C. NO.31/944, PRRAP 75, PUTHEN ROAD, PALKULANGARA P.O., PETTAH, THIRUVANANTHAPURAM - 695 024. |
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ADDL. 62 A.R. ARYA, AGED 21 YEARS, D/O.P.J. AJAYA KUMAR, RAGHAVA BHAVAN, PUTHENCHANDA P.O., VARKALA, THIRUVANANTHAPURAM - 695 141.
ADDL. 63 HRIDYA DOMINIC, AGED 21 YEARS, D/O.DOMINIC P., SMRITHY, MOONNAMOODU, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM - 695 013.
ADDL. 64 S.H. ANN ATHEENA, AGED 21 YEARS, D/O.HUBERT JOE, BETHZAK, TC NO.20/1644(1), SASTHRI NAGAR WEST-15, KARAMANA, THIRUVANANTHAPURAM - 695 002.
(ADDITIONAL R61 TO R64 ARE IMPLEADED AS PER ORDER DATED 27/02/2020 IN IA 7/2020)
BY SRI.JAGADEESH LAKSHMAN, CGC BY ADV. SRI.TITUS MANI BY SRI.M.A.ASIF, SR.GOVERNMENT PLEADER BY SRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES BY ADV. C.UNNIKRISHNAN (KOLLAM) BY ADV. G.SIVASANKAR BY ADV. T.B.HOOD BY ADV. SMT.M.ISHA BY ADV. SRI.AMAL KASHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2702-2020, THE COURT ON 05-03-2020 DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 5th day of March 2020
This writ petition is filed seeking the following prayers :-
Senior Counsel appearing for the petitioner, Sri.Jagadeesh Lakshman, the learned Central Government Counsel appearing for the Union of India, Sri.Titus Mani, the learned Standing Counsel appearing for the 2nd respondent, Sri.M.A.Asif, the learned Senior Government Pleader and Sri.P.Sreekumar, the learned Standing Counsel appearing for the 5th respondent University.
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contentions raised by the petitioner as had been directed in Ext.P16 judgment. It is stated that since the decision was taken on the basis of Ext.P17 report submitted by the Medical Council of India ('MCI' for short) dated 30.10.2019 to which specific replies had been given by the petitioner, the decision taken in Ext.P20 and the resultant decision of the Government of Kerala at Ext.P21(a) which do not consider any of the explanations offered by the petitioner are bad in law.
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with regard to any of the objections raised by the petitioner to the report of the MCI. It is stated that the situation has been considered taking note of the requirements of infrastructure and staff as if there was a full contingent of students available and the actual fact that only 100 students are studying in the college had not been considered by any of the respondents. It is further submitted that 53 of the students who appeared for the examination had passed and many of them had passed with first classes and distinctions which could not have been possible if the infrastructure and staff were as deficient as pointed out in the reports. It is further contended that there is no situation prevalent which would justify the drastic action of cancellation of an Essentiality Certificate since the grant of an Essentiality Certificate is a one time exercise.
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college. It is stated that the power to issue an Essentiality Certificate is exhausted once it is exercised and that except in cases of fraud, there can be no withdrawal of the same.
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medical college in public interest (c) that the establishment of a medical college at the given location is feasible and, (d) that adequate clinical material as per the Medical Council of India norms is available. It is further certified that in case the applicant fails to create infrastructure for the medical college as per the MCI norms and fresh admissions are stopped by the Central Government, the State Government shall take over the responsibility of the students already admitted in the college with the permission of the Central Government.
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Supreme Court mandated oversight committee, Ext.P2 letter of permission dated 20.8.2016 was issued subject to condition that all subsisting deficiencies would be rectified. It is stated that the college as well as the Chairman of the Trust had submitted affidavits affirming the rectification of all deficiencies. It is submitted that after such conditional approval, affidavits were submitted by the college affirming rectification of deficiencies reported on 10.2.2016 and an assessment was carried out in December 2016. Subsisting deficiencies were found in such assessment. The Council therefore recommended to the Central Government to debar the college from admitting students for two academic years, that is, 2017-'18 and 2018-'19.
Court and by order dated 3.10.2017, the following directions were issued :-
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The students admitted for 2016-17 shall be allowed to prosecute their courses.”
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deficiencies in faculty and clinical material and a prayer was sought to the State to take over the management of the college. Annexure R2(d) interim order was passed directing the Central Government to convene a meeting of the State Government, Medical Council and the University to take a decision as to the continuance of the study of the students. It is stated that Annexure R2(e) minutes were generated in the meeting so held on 29.5.2019. It is stated that the Central Government requested the MCI to conduct an assessment of the college on any day before 30.6.2019 to determine whether the college fulfils the requirements for continuation of the study of the existing batch. It is stated that though the assessment was scheduled to be conducted on 4th and 5th of July, 2019, the same could not take place because of the infighting and tension between the students and staff as well as the management of the college. It is stated that the inspection was ultimately conducted on 18th and 19th of September, 2019 and a report dated 30.10.2019 was generated. It is stated that the copy of the report was also communicated to the college and handed over to the learned counsel for the petitioner and the explanations to the same were also placed before the Central Government.
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of the Medical Council Act to take an informed decision with regard to permission for establishment of a college. It is stated that the Apex Court in Chintpurni Medical College's case at paragraph 36 has held that the State Government would be entitled to withdraw an Essentiality Certificate where it is obtained by playing fraud on it or any circumstances where the very substratum on which the Essentiality Certificate was granted disappears or for any other reason of like nature. It is stated that a Division Bench of the Madhya Pradesh High Court in Sukhsagar Medical College and Hospital v. The State of Madhya Pradesh and others in W.P.No.17946/2019 by judgment dated 6.1.2020 held as follows :-
“9. When paragraph-36 is read in conjunction with paragraph-14 of the case, the substratum spoken of by the Hon'ble Supreme Court is nothing but public interest and feasibility. And where the MCI vide order dated 30.05.2019 has refused permission to the petitioner to admit students for the year 2019-2020 on account of the 18 deficiencies which remained unaddressed by the petitioner on 07.08.2019 when the show cause notice was issued and later on 05.09.2019 when the Essentiality Certificate was revoked by the State and continues till date, there is sufficient cause for the State to believe that the substratum of issuing the Essentiality Certificate which is public interest and feasibility, no longer exists. On account of the deficiency pointed out by the MCI at serial nos.6, 7, 9 and 13. Thus as the public interest is no
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longer visible which also questions the very feasibility of running the medical college, the State Government was completely justified in passing the order dated 05.09.2019 revoking the Essentiality Certificate.”
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staff and clinical material available for the continuance of the 100 students admitted to the college in 2016-'17 and that the inspection report of the MCI revealed various deficiencies which could not be adequately explained or controverted by the petitioner. It is submitted that it was after hearing all the parties and considering all the contentions raised that Ext.P20 proceedings were issued by the Central Government. It is stated that the proposal for shifting of the students is being formulated and appropriate steps have been taken in that regard. It is stated that several complaints about the pathetic situation prevailing in the college and highlighting the plight of the students was received by the State Government as well and that there is even an allegation that the college had fraudulently created building permits in the name of the local body, using the forged seal and signature of the local body and the Secretary and that the persons shown as faculty including the principal are clearly employed elsewhere. It is stated that the Vigilance Department had also conducted an enquiry and on the basis of the documentary evidence collected had reported to the Government that a crime is liable to be registered against the persons responsible for the criminal acts alleged.
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“13. It is submitted that based on the Essentiality Certificate issued by the Government of Kerala and on the basis of the recommendations of the oversight committee, a batch of hundred students was admitted to the petitioner college during 2016-17. Except the admission of 100 students during 2016-17, no admissions are permitted to the petitioner college thereafter. Now the entire students who were admitted as above are being distributed to other Medical Colleges in the State. The letter of permission granted by the Central Government to admit 100 students in the petitioner college during 2016-17 ceases to exist in the eye of law on distributing the students admitted in the petitioner college to other colleges and on the Government of India cancelling the letter of permission granted to the petitioner. Therefore by transfer of students to other colleges, the purpose of the Essentiality Certificate ceases to be in effect and the Government of Kerala
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had discharged the undertaking to take the responsibility of the students in the event of the closure of the petitioner college. It is submitted that once the obligation of the Government is satisfied by transferring the students to other colleges, the undertaking given by the Government does not exist any more. Therefore the consequence of the above is that the Essentiality Certificate does not subsist any more in the eye of law.”
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interest and feasibility, clauses (a) and (d) of Ext.P1 no longer exists. It is stated that the conditions stated in the form of the Essentiality Certificate constitute the substratum for the issuance of such a certificate and that in view of the fact that at least two of the clauses of the said substratum no longer exists, the Essentiality Certificate is liable to be cancelled. It is stated that in view of the facts stated, it is no longer in public interest to allow an institution in the nature of the petitioner's medical college to function and therefore, the entire substratum for grant of the Essentiality Certificate has been completely eroded. It is submitted that the college is not functioning and that the students themselves have raised serious complaints that there are no facilities available for the conduct of the classes.
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been recorded in the minutes, there is absolutely no consideration thereof. The learned Senior Government Pleader as well as the learned counsel appearing for the MCI submits that the students had been permitted to continue their studies in the college in question provisionally pursuant to an interim order of this Court in W.P.(C) No.196/2020 specifically recording the undertaking that they were not challenging the decision of the Government to cancel the Essentiality Certificate.
FORM-2
Subject:ESSENTIALITY CERTIFICATE
No. Government of_______________ Department of Health
Dated, the.......
To
(Applicant),
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Sir,
The desired certificate is as follows :-
The (Name of the persons)_____________ has applied for establishment of a medical college at ___________________ . On careful consideration of the proposal, the Government of _________ has decided to issue an Essentiality Certificate to the applicant for the establishment of a Medical College with _______ (no.) seats.
It is certified that :-
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It is further certified that in case the applicant fails to create infrastructure for the medical college as per MCI norms and fresh admissions are stopped by the Central Government, the State Government shall take over the responsibility of the students already admitted in the College with the permission of the Central Government.
The following shall be added in terms of Notification dated 31.01.2017 published in the Gazette of India:-
(e) The [Name of applicant___________] own and possesses _____ Acres of land in ___________ [Village/Tehsil/Taluka/District] on which non agricultural use of land is permitted and a Medical College/Hospital can be established on it.
(f) The building plan of the Hospital and Medical College has been approved by the competent authority, namely,_____________, designated by the State Government for such purposes on ________. (Copy of the approval is enclosed) (g) The Hospital and Medical College have been granted Completion Certificate/Building Use Certificate by the competent authority, namely, _______________________, designated by the State Government for such purposes on _________. (Copy of the Certificate is enclosed)
Conditions (e), (f) and (g) are applicable only for nongovernmental applicants.
Yours faithfully,
(SIGNATURE OF THE COMPETENT AUTHORITY)
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Therefore, apart from the question of educational need, the State Government has to satisfy itself that the applicant owns and manages a 300 bedded hospital, that it is desirable to establish a medical college in public interest, that the establishment of a medical college at the proposed location by the applicant is feasible and that adequate clinical material as per MCI norms is available. The Government has to further certify that in case the applicant fails to create the infrastructure for the college as per MCI norms and fresh admissions are stopped by the Central Government, the State Government shall take over the responsibility of the students already admitted in the college with the permission of the Central Government. The contention of the petitioner that the grant of Essentiality Certificate is a one time exercise and that such certificate cannot be cancelled by the State Government therefore cannot be accepted. The Apex Court in Chintpurni Medical College's case has held that an Essentiality Certificate which is once issued as a one time exercise cannot normally be cancelled or withdrawn by the State Government. However, paragraph 35 specifies that the State Government would be entitled to withdraw the certificate where it is obtained by fraud or where the very substratum on which the certificate was granted disappears or for any other reason of like nature.
WP(C).No.236 OF 2020(D)
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WP(C).No.236 OF 2020(D)
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college was also available with the Central Government. It is stated that paragraph 9.2 of Ext.P19 would show that it was after considering the submissions of the college authorities and all the parties, who had attended the meeting, that a decision was taken by the Government. It is submitted that since the decision was taken after hearing all the parties and considering all their objections, the specific non-mentioning of the decision on each point on the basis of the written submissions made by the college was not required and that the order is one passed after considering all the factual aspects of the matter.
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an element of public interest. Indeed one of the certifications in the form of Essentiality Certificate is that it is desirable to establish a medical college in public interest. Therefore, if it is found that it is no longer in public interest and such fact is reported by the competent body, that is, the Board of Governors of the MCI and where it is specifically alleged that there is serious dearth of clinical material and deficiencies in the required patient availability in the hospital, that would amount to the eroding of the substratum for the issuance of the certificate. The non-mentioning of separate decisions on each of the deficiencies mentioned would, in a case like the present one, be not fatal to a decision taken after consideration of the factual aspects.
In the above view of the matter, I am of the opinion that the impugned orders cannot be held to be illegal and unsustainable in the facts and circumstances of the case. The writ petition therefore fails and the same is accordingly dismissed.
Sd/ANU SIVARAMAN JUDGE
Jvt/3.3.2020
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF 7-7-2016 TO |
THE THE P |
ESSENTIALITY CERTIFICATE DATED ETITIONER. |
|---|---|---|---|
| EXHIBIT P2 | TRUE COPY OF | THE | ORDER DATED 20-08-2016 |
| EXHIBIT P3 | TRUE COPY OF HON. SUPREME |
THE COUR |
ORDER DATED 3-10-2017 OF THE T OF INDIA |
| EXHIBIT P4 | TRUE COPY OF TO THE INSPE |
THE CTORS |
LETTER DATED 14-12-2018 ISSUED . |
| EXHIBIT P5 | TRUE COPY OF 2019 SUBMITT |
THE ED BY |
COMPLIANCE REPORT DATED 5-3- THE PETITIONER. |
| EXHIBIT P6 | TRUE COPY OF IN WP(C) NO. |
THE 3808 |
INTERIM ORDER DATED 24-4-2019 9/20187 OF THIS HON. COURT. |
| EXHIBIT P7 | TRUE COPY OF 29-05-2019 C |
THE ONDUC |
MINUTES OF THE MEETING HELD ON TED BY THE CENTRAL GOVERNMENT. |
| EXHIBIT P8 | TRUE COPY OF ASSESSORS TO |
THE THE |
REPORT SUBMITTED BY THE MCI |
| EXHIBIT P9 | TRUE COPY OF TO THE MCI |
THE | LETTER DATED 4-7-2019 ADDRESSED |
| EXHIBIT P10 | TRUE COPY OF | THE | REPRESENTATIOND ATED 4-7-2019 |
| EXHIBIT P11 | TRUE COPY OF BY THE PRINC THE MCI |
THE IPAL |
REPRESENTATION DATED 4-7-2019 TO THE BOARD OF GOVERNORS OF |
| EXHIBIT P12 | TRUE COPY OF ASSESSORS BY |
THE THE |
INTIMATION GIVEN TO THE MCI |
| EXHIBIT P13 | TRUE COPY OF ADMISSIONS R |
THE EPORT |
ASSESSMENT FORM FOR 100 MBBS |
| EXHIBIT P14 | TRUE COPY OF SUBMITTED BY GOVERNORS |
THE THE |
EXPLANATION DATED 20-09-2019 PRINCIPAL TO THE BOARD OF |
| EXHIBIT P15 | TRUE COPY OF 2019 |
THE | INSPECTION REPORT DATED 13-8- |
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| EXHIBIT | P16 TRUE COPY OF THE W.P(C) NO. 38089/ |
JUDGMENT DATED 31-10-2019 IN 18 OF THIS HON'BLE COURT. |
|---|---|---|
| EXHIBIT | P17 TRUE COPY OF THE MEDICAL COUNCIL. |
REPORT DATED 30-10-2019 OF THE |
| EXHIBIT | P18 TRUE COPY OF THE THE CENTRAL GOVER |
OBJECTION DATED 13-11-2019 TO NMENT. |
| EXHIBIT | P19 TRUE COPY OF THE 13-11-2019 |
MINUTES OF THE MEETING HELD ON |
| EXHIBIT | P20 TRUE COPY OF THE ISSUED BY THE CEN |
COMMUNICATION DATED 27-12-2019 TRAL GOVERNMENT. |
| EXHIBIT | P21 TRUE COPY OF THE DIRECTOR OF MEDIC |
CIRCULAR DATED 3-1-2020 OF THE AL EDUCATION. |
| EXHIBIT | P21(a) TRUE COPY OF THE THE GOVERNMENT OF |
ORDER DATED 5.1.2020 ISSUED BY KERALA. |
| EXHIBIT | P22 TRUE COPY OF THE 2019 IN RESPECT O |
COLLEGE WISE REPORT DATED 6-5- F THE PETITIONER'S COLLEGE |
| EXHIBIT | P23 TRUE COPY OF THE YEAR 2015 ISSUED NOTE. |
ESSENTIALITY CERTIFICATE IN THE BY THE RESPONDENT WITH COVERING |
| EXHIBIT | P24 TRUE COPY OF THE NUMBER ALLOTTED T CHERUNNIYOOR GRAM |
CHART SHOWING THE BUILDING O THE PETITIONER BY THE A PANCHAYAT. |
| EXHIBIT | P25 TRUE COPY OF THE 20.12.2019 ISSUED PANCHAYAT. |
RECOVERY NOTICE NO.A5/5368/19 BY THE CHERUNNIYOOR GRAMA |
RESPONDENT'S EXHIBITS:
EXHIBIT R3(a) TRUE COPY OF THE LETTER DATED 28.09.2019 OF THE ADDITIONAL CHIEF SECRETARY, VIGILANCE DEPARTMENT, GOVT. OF KERALA FORWARDING THE REPORT.
EXHIBIT R3(b) : TRUE COPY OF THE LETTER No.S3/15/2019 HEALTH DATED 21.01.2019.
ANNEXURE R2(a) : TRUE COPY OF LETTER MCI-34(41)(R-81)/2018Med/106070 DATED 7.5.2018.
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ANNEXURE R2(b) : TRUE COPY OF THE LETTER MCI-34(41)(R64)/2018-MED/170327-328 DATED 5.2.2019.
ANNEXURE R2(c) : TRUE COPY OF THE REPORT ALONG WITH THE LETTER DATED 9.4.2019 SUBMITTED BY THE PETITIONER TO THE SECRETARY GENERAL, MCI.
ANNEXURE R2(d) : TRUE COPY OF THE INTERIM ORDER DATED 24.4.2019 IN W.P.(C) 38089/2018.
ANNEXURE R2(e) : TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 29.5.2019.
ANNEXURE R2(f) : TRUE COPY OF THE REPORT SUBMITTED BY THE TEAM OF ASSESSORS ALONG WITH THE REQUEST SUBMITTED BY THE COLLEGE TO DISCONTINUE THE INSPECTION.
ANNEXURE R2(g) : TRUE COPY OF LETTER MCI-34(41)(R-64)/2019Med/16027576 DATED 30.10.2019 ADDRESSED TO THE CENTRAL GOVERNMENT.
ANNEXURE R2(h) : TRUE COPY OF THE ASSESSMENT FORM PART A-II (2019-20) SUBMITTED BY THE ASSESSORS.
ANNEXURE R2(i) : TRUE COPY OF THE CONFIDENTIAL REPORT DATED 15.10.2019 SUBMITTED BY Dr.SHEKHAR SAKHARAM RAJDERKAR, CHIEF CO-ORDINATOR OF THE ASSESSMENT TEAM.
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Could the Essentiality Certificate be withdrawn when the substratum on which it was granted had disappeared?
Did failure to record separate decisions on each deficiency invalidate the orders despite consideration of the college's objections?
Colour shows how this judgement treated each authority
Glocal Medical College and Super Speciality Hospital and Research Centre v. Union of India and anotherReferred¶54
Glocal Medical College and Super Speciality Hospital and Research Centre v. Union of India and another [(2017) 15 SCC 690]
Kanachur Islamic Education Trust (R) v. Union of India and anotherReferred¶54
Kanachur Islamic Education Trust (R) v. Union of India and another [(2017) 15 SCC 702] · Who else cites this
Chintpurni Medical College and Hospital and another v. State of Punjab and othersApplied¶163
Chintpurni Medical College and Hospital and another v. State of Punjab and others [(2018) 15 SCC 1] · Who else cites this
Sukhsagar Medical College and Hospital v. The State of Madhya Pradesh and othersReferred¶88
Sukhsagar Medical College and Hospital v. The State of Madhya Pradesh and others in W.P.No.17946/2019
1 provisions across 1 enactments
THE CHAIRMAN, SR EDUCATIONAL AND CHARITABLE TRUST
UNION OF INDIA
THE BOARD OF GOVERNORS, MEDICAL COUNCIL OF INDIA
STATE OF KERALA
THE DIRECTOR OF MEDICAL EDUCATION
THE KERALA UNIVERSITY OF HEALTH SCIENCES
ANU SIVARAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
