Petition alleging delay in granting essentiality certificate and consent for medical college establishment. Court dismissed the writ petition on merits as the petitioner voluntarily withdrew the matter via email on 29.11.2019.
Petition dismissed as withdrawn.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 04TH DAY OF MARCH 2020 / 14TH PHALGUNA, 1941
WP(C).No.40290 OF 2017(I)
PETITIONER/S:
V.N.PUBLIC HEALTH AND EDUCATIONAL TRUST
NO.25, JAWAHAR, MAIN ROAD, N.R.T NAGAR, TAMILNADU.625531, REPRESENTED BY ITS AUTHORISED SIGNATORY V. ANILKUMAR. BY ADVS.
SRI.S.VINOD BHAT KUM.ANAGHA LAKSHMY RAMAN
RESPONDENT/S:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY,HEALTH AND FAMILY WELFARE DEPARTMENT,SECRETARIAT, NEW DELHI.110001.
2 STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695 001
3 THE KERALA UNIVERSITY OF HEALTH & ALLIED SCIENCES REPRESENTED BY THE REGISTRAR, THE KERALA UNIVERSITY OF HEALTH & ALLIED STUDIES, MEDICAL COLLEGE PO, THRISSUR - 680 596
4 THE MEDICAL COUNCIL OF INDIA DWARAKA, NEW DELHI 110 001
R1 BY ADV. SRI.P.SREEKUMAR, SC, KERALA UTY.HEALTH AND ALLIED SCIENCE
R1, R4 BY SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA R3 BY ADV. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE
SRI.ARAVINDAKUMAR BABU.T.K., SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.40290 OF 2017 2
JUDGMENT
Dated this the 4th day of March 2020
S.MANIKUMAR, C.J .,
The writ Petition is filed, seeking the following prayers:-
'' (i) Call for the records relating to Ext.P-12 and peruse the same;
(ii) Issue a writ of Certiorari and quash Ext.P12;
(iii) Issue a Writ of Mandamus directing the 2nd respondent to grant essentiality certificate for sanction for establishment of medical college of petitioner for the academic year 2018-2019;
(iv) Issue a writ of mandamus directing the 3rd respondent to take steps to renew the consent of affiliation of petitioner so as to enable petitioner to produce the same before the 1st respondent to get sanction for establishment of medical college of petitioner for the academic year 2018-2019;
(v) Declare that Essentiality certificate and Consent of Affiliation once granted do not have a date of expiry and therefore do not require renewal unless cancelled by the authorities concerned;''
Sri.Vinod Bhat, learned counsel for the petitioner submitted that he has received a letter by e-mail on 29.11.2019 from the writ petitioner, requesting the learned counsel to withdraw the
WP(C).No.40290 OF 2017 3
writ petition. Copy of the letter dated 29.11.2019, sent by the petitioner through e-mail is produced along with the withdrawal memo.
Placing on record the withdrawal memo dated 29.11.2019,
writ petition is dismissed as withdrawn.
Sd/S.MANIKUMAR Chief Justice
Sd/SHAJI P.CHALY JUDGE
ajt
WP(C).No.40290 OF 2017 4
APPENDIX OF WP(C) 40290/2017
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER G.O(RT) NO.2474/2003/H&FWD DATED 22.8.2003 GRANTING SANCTION TO PETITIONER FOR ESTABLISHING A MEDICAL COLLEGE IN PALAKKAD DISTRICT. EXHIBIT P2 TRUE COPY OF THE ORDER NO.MCI-34(41)/2011MED/7920 DATED 5.5.2011. EXHIBIT P3 TRUE COPY OF THE ESSENTIALITY CERTIFICATE NO.18681/S3/2014/H& FWD DATED 10.6.2014 EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 16.6.2014 IN WPC NO.13795 OF 2014. EXHIBIT P5 TRUE COPY OF THE MCI LETTER NO.MCI34(41)/2012-MED/156303 DATED 28.1.2013. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 5.12.2014. EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 22.11.2014 IN WP(C)29462 OF 2014 EXHIBIT P8 TRUE COPY OF THE MCI LETTER NO.MCI-34(41) (E-(42)/2015-MED/107478 DATED 6.5.2016 EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 30.6.2017 IN WP(C) NO.21581/2017 EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 4.7.2017 IN WP(C) NO.22103 OF 2017. EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 5.7.2017 IN WA NO.236/2017 EXHIBIT P12 TRUE COPY OF THE ORDER G.O (RT) NO.2686/2017/H & FWD DATED 28.9.2017 EXHIBIT P13 TRUE COPY OF THE ESSENTIALITY CERTIFICATE DATED 31-08-2015 EXHIBIT P14 TRUE COPY OF THE ESSENTIALITY CERTIFICATE DATED 11-12-2015
WP(C).No.40290 OF 2017 5
V.N. Public Health and Educational Trust
Union of India
State of Kerala
The Kerala University of Health & Allied Sciences
The Medical Council of India
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
