Malabar Medical College Hospital & Research Centre Vs Kerala University of Health Sciences

2 MEDICAL ASSESSMENT AND RATING BOARD, NATIONAL MEDICAL COMMISSION (NMC), POCKET-14, SECTOR-8, DWARAKA, PHASE-1, NEW DELHI, PIN - 110077 REPRESENTED BY ITS PRESIDENT.

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3 NATIONAL MEDICAL COMMISSION, POCKET-14, SECTOR-8, DWARAKA PHASE-1, NEW DELHI, PIN - 110077 REPRESENTED BY ITS CHAIRMAN.

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BY ADVS. SRI.BINNY THOMAS, SC SRI.K.S.PRENJITH KUMAR, SC SRI.P.SREEKUMAR, SC (SR.)(K/410/1994)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

Dated this the 26^th day of March , 2025

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The petitioners have approached this Court seeking to quash Ext.P13 and to direct the 1^st respondent to allow Exts.P6, P8, P9 and P14 representations as special case and issue Consent of Affiliation / provisional Affiliation to the petitioners for three seats in DM Critical Care for the academic year 20252026 expeditiously within a time frame to be prescribed by this Court.

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The petitioners state that the 1^st petitioner's College offers MBBS Course and various Postgraduate Medical Courses including Super Specialty Courses. The 2^nd petitioner proposes to start a new Postgraduate Super Specialty Medical Programme - DM Critical Care, in the 1^st petitioner's Institution.

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According to the petitioners, DM Critical Care

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is a highly specialised three year programme. The 3^rd respondent has recently introduced the said Course in India recognising the need for specialised doctors.

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On 30.08.2024, a notification was issued by the 1^st respondent inviting applications inter alia for DM Critical Care for the academic year 2026-2027. The 1^st petitioner submitted Ext.P3 application dated 30.10.2024. Though the 1^st respondent invited application for the academic year 2026-2027, the 3^rd respondent issued a public notice dated 18.09.2024 inviting applications for the Medical Course for the academic year 2025-2026. The petitioners state that acting upon the public notice dated 18.09.2024, the 1^st petitioner preferred an application for starting the said Course with three seats. The petitioners remitted the requisite fee also.

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The petitioners requested the 1^st respondent to consider Ext.P3 application as one seeking for Consent of

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Affiliation for the academic year 2025-2026, as per Ext.P6 request. The 1^st respondent then issued Ext.P7 erratum notification dated 15.01.2025 seeking to correct the invite of application for the Postgraduate Medical Courses as concerning the academic year 2026-2027. The petitioners submitted repeated representations to consider their applications for the academic year 2025-2026.

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The petitioners thereupon filed W.P.(C) No.6647 of 2025 which was disposed of as per Ext.P10 judgment. By Ext.P10 judgment, this Court directed the 1^st respondent to consider Ext.P8 representation and take appropriate decision within two weeks. On the date of judgment, the 1^st respondent issued Ext.P11 letter informing the petitioners that in the light of Ext.P7 erratum notification, the applications received by the petitioners can be considered only for the academic year 2026-2027. The 1^st respondent thereafter passed Ext.P13 order on 10.03.2025 rejecting the application of

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the petitioners for the academic year 2025-2026.

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Ext.P13 stated that the request is being

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rejected for the reasons that (a) The last date for application before the 3^rd respondent was as early on 26.12.2024, (b) The respondents issued Ext.P5 by way of mistake and (c) DM Critical Care medicine is offered in one College in the State since the current academic year (2024-2025).

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The petitioners state that none of the reasons stated in Ext.P13 communication are relevant for the matter. Ext.P5 notification invited applications for the year 2025-2026. The fact that the DM Critical Care Medicine is offered in one College in the State since the academic year 2024-2025 is not a reason relevant for consideration of the application submitted by the petitioners. Though the petitioners submitted Ext.P14 letter dated 11.03.2025 requesting to reconsider the application, the respondents have not reconsidered the application.

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The counsel for the petitioners urged that the

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essence of Ext.P10 judgment is to consider Ext.P8 in the light of special circumstances stated in Ext.P8 letter in the light of circumstances noticed by this Court in Ext.P10 judgment. Ext.P13 order has been passed without taking into consideration the spirit of Ext.P10 judgment.

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The counsel for the petitioners further urged that though Ext.P7 erratum notification was issued in the light of closure of application for the academic year 2025-2026, as a matter of fact, the application of the petitioners is still kept pending by the respondents. Ext.P3 application can be taken to its logical conclusion. In the circumstances, Ext.P13 is liable to be quashed and the respondents are compellable to issue Consent of Affiliation / provisional Affiliation to the petitioners for three seats in DM Critical Care for the academic year 20252026 expeditiously, contended the petitioners.

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Standing Counsel for the 1^st respondent-Kerala University has filed a statement resisting the writ petition. On behalf of the 1^st respondent, it is submitted that Ext.P5 notification wherein the academic year was erroneously mentioned as 2025-2026 against all Medical Postgraduate/ Super Speciality Courses in the Appendix 1, has been corrected as 2026-2027 as per Annexure R1(a).

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The 1^st respondent-University further submitted

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that the issuance of Consent of Affiliation for permission to start new Medical College / enhancement of seats / starting of new Courses has to be in strict compliance with the timeline fixed by

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the various statutory authorities. The University invites application for provisional Affiliation much earlier as University is required to comply with the procedures as prescribed by its Ordinance and Statues. Conducting inspection of the Institution is also involved in order to ascertain the suitability of proposed site, infrastructural facilities, clinical materials, academic

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facilities, adequacy of required faculties and other matters, in terms with the Minimum Standard Requirements. In view of the erratum notification, the application of the petitioners cannot be considered.

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I have heard the learned counsel for the

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petitioners and the respective Standing Counsel representing respondents 1 to 3.

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Ext.P2 is the Essentiality Certificate dated 22.12.2022 issued by the State of Kerala. On 30.08.2024, the 1^st respondent issued notification inviting applications for various Postgraduate Courses including DM Critical Care for the academic year 2026-2027. The petitioners' application dated 30.10.2024 is in response to the said notification. Later a public notice was issued inviting applications with respect to Postgraduate Medical Courses for the academic year 20252026, the petitioners requested the respondents to consider their applications as one for the year 2025-2026.

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However, from the pleadings, it is seen that the

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year 2025-2026 was given in the public notice is by way of mistake. Therefore, the 1^st respondent issued Ext.P7 erratum notification dated 15.01.2025 apparently seeking to correct the invite of applications for the Postgraduate Medical Courses for the academic year 2026-2027.

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In the meanwhile, the petitioners approached this Court filing W.P.(C) No.6647 of 2025. The said writ petition was disposed of by this Court as per Ext.P10 judgment. This Court directed the 1^st respondent-Registrar to consider Ext.P8 representation of the 1^st petitioner and take appropriate decision

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expeditiously. The said representation stands dismissed as per Ext.P13 order.

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In Ext.P13, the respondents have stated three reasons for dismissal of Ext.P8 application:

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a) The last date of application before the 3^rd respondent was over as early on 26.12.2024.

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b) The 1^st respondent issued Ext.P5 by a mistake.

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c) DM Critical Care Medicine is offered in one College

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in the State since the current academic year (2024-2025).

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It is to be noted that the last date for

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submission of applications for the year 2024-2025 was long expired. The respondents had published a notification inviting applications for starting the Course earlier for the year 20242025. The petitioners did not respond to that notification. Subsequently, when applications were invited for the year 20262027, the petitioners submitted applications. In the meanwhile, the public notice was issued by the respondents wherein a mistake had crept in, by which the respondents have stated that the applications are invited for the year 2025-2026. The said mistake, when found was corrected as per Ext.P7 erratum notification.

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Considering the fact that the original

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applications submitted by the petitioners for the year 2026-2027

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and further considering the fact that the deadlines for making applications and allotment of seats for the year 2025-2026 is long expired, I do not find any reason to grant relief to the petitioners in the writ petition.

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The writ petition is hence dismissed.

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Sd/- N. NAGARESH JUDGE

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SR

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APPENDIX OF WP(C) 10989/2025

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PETITIONERS' EXHIBITS:

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Exhibit P1	TRUE	COPY OF	LETTER DATED 14-06-2022
	WRITT STATE	EN BY TH OF KERAL	E 1ST PETITIONER TO THE A
Exhibit P2	TRUE DATED KERAL	COPY OF 22-12-2 A	ESSENTIALITY CERTIFICATE 022 ISSUED BY STATE OF
Exhibit P3	TRUE 2024 THE 1	COPY OF PREFERRED ST RESPON	APPLICATION DATED 30-10- BY THE 1ST PETITIONER TO DENT
Exhibit P4	TRUE ISSUE ATTAC OF T NMC/P	COPY OF T D BY THE HMENT THE HE APPLI G/2025-20	HE EMAIL DATED 26-12-2024 3RD RESPONDENT ALONG WITH RETO PERTAINING TO DETAILS CATION BEARING ID NO. 26/001531
Exhibit P5	TRUE 2024	COPY OF ISSUED BY	NOTIFICATION DATED 31-12- THE 1ST RESPONDENT
Exhibit P6	TRUE WRITT RESPO APPLI ACADE	COPY OF EN BY THE NDENT REQ CATION MIC YEAR	LETTER DATED 10-01-2025 1ST PETITIONER TO THE 1ST UESTING TO ACCEPT EXT.P3 AS ONE PREFERRED FOR 2025-2026
Exhibit P7	TRUE DATED RESPO	COPY OF 15-01-2 NDENT	THE ERRATUM NOTIFICATION 025 ISSUED BY THE 1ST
Exhibit P8	TRUE PREFE RESPO	COPY OF RRED BY T NDENT	LETTER DATED 06-02-2025 HE 1ST PETITIONER TO 1ST
Exhibit P9	TRUE	COPY OF	LETTER DATED 12-02-2025
	WRITT RESPO	EN BY THE NDENT.	1ST PETITIONER TO THE 1ST

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Exhibit P10 TRUE COPY OF JUDGMENT DATED 24-02-2025 IN W.P.(C)6647/2025 OF HIGH COURT OF KERALA Exhibit P11 TRUE COPY OF LETTER DATED 24-02-2025 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER Exhibit P12 TRUE COPY OF LETTER DATED 01-03-2025 WRITTEN BY THE PETITIONER TO THE FIRST RESPONDENT Exhibit P13 TRUE COPY OF ORDER DATED 10-3-2025 PASSED BY THE FIRST RESPONDENT

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Exhibit P14 TRUE COPY OF LETTER DATED 11-3-2025 WRITTEN BY THE FIRST PETITIONER TO THE FIRST RESPONDENT

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RESPONDENTS' ANNEXURES:

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Annexure R-1(a) True copy of the statement filed by the standing counsel of the respondent university dated 12.02.2025 Annexure R2(b) A true copy of the Public Notice No. M- 19011/38/2024/NMC/PGMARB (e-ID 8293796) dated 06.11.2024 issued by the MARB of NMC Annexure R2(c) A true copy of the Public Notice No. M- 19011/38/2024/NMC/PGMARB (e-ID 8293796) dated 22.11.2024 issued by the MARB of NMC Annexure R2(d) A true copy of the Public Notice No. M- 19011/38/2024/NMC/PGMARB (e-ID 8293796) dated 24.12.2024 issued by the MARB of NMC

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Annexure R2(a) A true copy of letter

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No.19011/38/2024/NMC/PGMARB (8293796) dated 20.09.2024 issued by the Secretary, National Medical Commission (with enclosure)

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PETITIONERS' EXHIBITS: