The petitioners were students of the 3rd respondent college pursuing their MBBS Course, when the 1st respondent State Government, citing the lack of clinical facilities and other infrastructure in the college, cancelled the Essentiality Certificate that was initially granted to the 3rd respondent college. Although the college impugned the action of the Government through a writ petition, the same was dismissed by a learned Single Judge and the Writ Appeal filed against the said judgment also did not meet with any success and that too was dismissed. In Ext.P1 judgment of the Division Bench, the Court took note of the submissions of the Kerala University of Health Sciences, based on the report prepared by them pursuant to an inspection of the 3rd respondent college, that the college lacked infrastructural and other facilities. The students admitted to the said college were therefore directed to be shifted to other colleges and the 3rd respondent college was directed to refund the fees and other financial commitments, if any, due to the students, as also their original certificates, without any further delay. It was made clear that in the event of the college not refunding the fees and other financial commitments as directed it would be open to the State to take steps to recover the same from the 3rd
