The Principal KMCT Medical College, Manassery v. Kerala University of Health Sciences, The Vice Chancellor KUHS, National Medical Commission, Medical Assessment & Rating Board, Union of India (WP(C) Nos. 17337/2024 & 19403/2024)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.** **TUESDAY, THE 23[RD] DAY OF JULY 2024 / 1ST SRAVANA, 1946** ## **WP(C) NO. 17337 OF 2024** ## **PETITIONER/S:** ## **THE PRINCIPAL** **K.M.C.T. MEDICAL COLLEGE, MANASSERY.P.O. KOZHIKODE, PIN - 673602** **BY ADVS.** **SRI.KURIAN GEORGE KANNANTHANAM (SR.ADVOCATE), P.M.SANEER TONY GEORGE KANNANTHANAM BIBIN B. THOMAS** ## **RESPONDENT/S:** - **1 KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE. P.O.,TRICHUR, PIN - 680596** - **2 THE VICE CHANCELLOR KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE. P.O. TRICHUR, PIN - 680596** - **3 THE NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS SECRETARY, POCKET 14, SECTOR 8, DWARAKA, NEW DELHI, PIN - 110075** - **4 THE MEDICAL ASSESSMENT & RATING BOARD REPRESENTED BY ITS PRESIDENT, THE NATIONAL MEDICAL COMMISSION, POCKET 14, SECTOR 8, DWARAKA, NEW DELHI, PIN - 110075** - **5 UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI, PIN - 110001** **BY ADVS.** **FOR R1 AND R2 BY SRI.P.SREEKUMAR, SENIOR ADVOCATE FOR R3 TO R5 BY SRI. K.S.PRENJITH KUMAR, SC.** WPC Nos.19403 & 17337 of 2024 2 **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.07.2024, ALONG WITH WP(C)NO.19403/2024, THE COURT ON 23.07.2024 DELIVERED THE FOLLOWING:** WPC Nos.19403 & 17337 of 2024 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.** **TUESDAY, THE 23[RD] DAY OF JULY 2024 / 1ST SRAVANA, 1946** **WP(C) NO. 19403 OF 2024** ## **PETITIONER/S:** **THE PRINCIPAL, K.M.C.T. MEDICAL COLLEGE, MANASSERY.P.O. KOZHIKODE., PIN - 673602** **BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM (SR.ADVOCATE), P.M.SANEER** **TONY GEORGE KANNANTHANAM BIBIN B. THOMAS OORMILA K. UNNIKRISHNAN** ## **RESPONDENT/S:** - **1 KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE. P.O. TRICHUR, PIN - 680596** - **2 THE VICE CHANCELLOR, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE. P.O. TRICHUR., PIN - 680596** - **3 THE NATIONAL MEDICAL COMMISSION, REPRESENTED BY ITS SECRETARY,POCKET 14, SECTOR 8,DWARAKA, NEW DELHI, PIN - 110075** - **4 THE MEDICAL ASSESSMENT & RATING BOARD, REPRESENTED BY ITS PRESIDENT,THE NATIONAL MEDICAL COMMISSION,POCKET 14, SECTOR 8, DWARAKA, NEW DELHI., PIN - 110075** - **5 UNION OF INDIA, REPRESENTED BY ITS SECRETARY,DEPARTMENT OF HEALTH & FAMILY WELFARE,NIRMAN BHAVAN, NEW DELHI., PIN - 110001** **BY ADVS. FOR R1 AND R2 BY SRI.P.SREEKUMAR, SENIOR ADVOCATE FOR R3 TO R5 BY SRI. K.S.PRENJITH KUMAR, SC.** WPC Nos.19403 & 17337 of 2024 4 **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.07.2024, ALONG WITH WP(C)No.17337/2024, THE COURT ON 23.07.2024 DELIVERED THE FOLLOWING:** WPC Nos.19403 & 17337 of 2024 5 ## **JUDGMENT** ## **[WP(C) Nos.17337/2024 & 19403/2024]** ... Both these Writ Petitions were submitted by the Principal of a Self Financing Medical College, being aggrieved by the denial of the Consent of Affiliation for the college to enhance the intake of the students in the MBBS Course from 150 to 250 seats. Exhibits P28 and P32 are the orders impugned in this case passed by the 1st respondent University. In the Writ Petition, the petitioner highlights the series of litigations before the issuance of Ext.P28 and P32, which extend to six rounds. 2. The facts which led to the filing of these Writ Petitions are as follows: The petitioner's college is a self financing medical college established in the year 2008-09 with an intake capacity of 100 MBBS students. The petitioner later sought an enhancement of the student's intake to 150. Exhibit P2 is the Letter of Permission granted by the Central Government for the said purpose. At the time when the petitioner's college was established, the medical education field was occupied by the Indian Medical Council Act, 1956, and the competent authority under the Act was the Medical WPC Nos.19403 & 17337 of 2024 6 Council of India. As per the scheme of the Act, after commencement of the college, based on the permission and approvals in this regard by the Government and the University concerned, recognition has to be obtained after completion of the course of the 1st batch of the college. Thereupon, the name of the institution will be included in the schedule of the Indian Medical Council Act, since Section 2(h) of the said Act defines “recognized medical qualification” as the one which is included in the schedule of the Act. Consequently, after completing the 1st batch, the recognition was granted to the petitioner college with the intake of 100 students. 2.1. Later, the Indian Medical Council Act was replaced by the National Medical Commission Act, 2019 (NMC Act), and the Medical Council of India was replaced with the National Medical Commission (NMC). Under the new Act, there was no schedule to include the recognized medical qualifications and the details of the same are maintained in the register kept for the said purpose. All those qualifications already entered in the schedule of the old Act were deemed to have been entered in the said register. 2.2. In 2021, upon completion of the first batch of MBBS students after enhancing the intake to 150 seats, the NMC issued WPC Nos.19403 & 17337 of 2024 7 Ext.P3 order granting recognition to the college with an intake of 150 students for a period of one year, which was a deviation from the earlier practice of issuing recognition for five years. 2.3. While so, the petitioner improved the infrastructure in the college to meet the requirement for an intake of 250 students and they sought permission to enhance the intake to that extent. As part of the same, Ext.P4 Essentiality Certificate was obtained from the Government. Even though the petitioner approached the 1st respondent/University for Consent of Affiliation, the same was rejected as per Ext.P5 dated 9.4.2021. It is to be noted that, at the relevant time, the NMC did not grant recognition for the intake of 150 students, and the same was pending consideration (which was ultimately granted as per Ext.P3 dated 18.11.2021). The reason shown in Ext.P5 was that the petitioner did not obtain recognition under Section 11(2) of the IMC Act for the intake of 150 students, and the same is not included in the first schedule of the Act. It was also mentioned therein that the application for Consent of Affiliation is valid for three years, and the college can apply again when the college gets regular recognition. 2.4. In the meantime, the NMC issued Ext.P6 order, rejecting the application submitted by the petitioner for enhancement of WPC Nos.19403 & 17337 of 2024 8 seats from 150 to 250. The petitioner submitted an appeal before the appellate authority under the NMC Act, and ultimately, as per Ext.P9, permission was granted to enhance the seats to 250. However, immediately thereafter, Ext.P9 order was cancelled by issuing Ext.P10 for the reason that the college did not produce the Consent of Affiliation issued by the 1st respondent/University. 2.5. In the meantime, NMC issued a further order extending the recognition for intake of 150 students as per Ext.P11 dated 23.06.2023 for a further period of one year. Thereupon, the petitioner submitted a fresh application for Consent of Affiliation to enhance the seats to 250 before the 1st respondent/University. However, vide Ext.P13, the University rejected the said application on the reason that the recognition granted by the NMC for the student intake of 150 was only for a period of one year, whereas the requirement was for a minimum period of five years. Even though the petitioner obtained clarification from the NMC in this regard, as evidenced by Ext.P15, the University did not act upon the same, and they insisted on recognition for five years. This controversy was ultimately resolved by way of an interim order passed by this Court in WPC No. 9020/2024 wherein, taking note of the averments made in the statement submitted by the NMC in the WPC Nos.19403 & 17337 of 2024 9 said writ petition, to the effect that as of now the scheme is to grant recognition for year to year basis, the University was directed to consider the application for Consent of Affiliation without insisting for recognition of NMC for five years. 2.6. In compliance with the said direction, the University conducted an inspection in the college on 2.5.2024 and thereafter issued an Ext.P28 order rejecting the application for the Consent of Affiliation for enhancement of seats for 150 to 250 for the academic year 2024-2025. Challenging Ext.P28, the petitioner submitted WP(C) No.17337/2024. When the said writ petition came up for consideration, the 1st respondent/University submitted that, they are reconsidering Ext.P28 and the fresh orders will be issued. Later, the Ext.P32 order dated 25.5.2024 was issued by the Registrar of the 1st respondent, rejecting the application submitted by the petitioner by confirming the Ext.P28 order. Along with Ext.P32, the report of the deficiencies noted by the Inspection team, in the college, was also made available to the petitioner. According to the University, the petitioner had certain deficiencies in the faculties in the Departments of Anatomy, Physiology and BioChemistry. Besides the same, it was also noted that the Clinical Psychologist was not there in the Psychiatric Department. WP(C) WPC Nos.19403 & 17337 of 2024 10 No.19403/2024 was submitted by the petitioner challenging Exts.P28 and P32 in such circumstances. 3. A detailed statement was submitted by the 1st respondent University, justifying the action taken by them, and they also relied on the relevant statutory stipulations, including those contemplated under Annexure R1(a), i.e., Guiding Document For Filing Application For UG and PG Courses AY-2024-25. A statement and an additional statement were also submitted by the 3rd respondent NMC. The petitioner submitted a reply affidavit and an additional reply affidavit in response to the said pleadings. 4. Heard Sri. Kurian George Kannanthanam, the learned Senior Counsel appearing for the petitioners, Sri. P.Sreekumar, the learned Senior Counsel appearing for the 1st and 2nd respondents and Sri. K.S.Prenjith Kumar, the learned Standing Counsel appearing for respondents 3 to 5. 5. The main challenge in these Writ Petitions pertains to the rejection of the application submitted by the petitioner for Consent for Affiliation for enhancing the seats for the MBBS course in the petitioner's college from 150 to 250. The learned Senior Counsel for the petitioners specifically highlighted the prolonged process they had to pursue to reach the stage of issuance of Ext.P28 and P32, WPC Nos.19403 & 17337 of 2024 11 which included six rounds of litigation before this Court and one before the Hon'ble Supreme Court. It was submitted by the petitioners that, on all occasions, the 1st respondent University was rejecting the application submitted in this regard by citing one or other reasons, thereby purposefully delaying the process to ensure that the Consent of Affiliation is not issued to the petitioner for the academic year 2024-25. It was also pointed out by the learned Senior Counsel for the petitioners that, if the same is not granted for this academic year, it may not be possible for them to get enhancement, in view of the fact that, as per the policy of NMC, no new colleges or enhancement of seats for MBBS can be granted in the State of Kerala from the coming academic year onwards. 6. The learned Senior Counsel appearing for the 1st respondent/University contended that there was no willful attempt on the part of the University to decline the request made by the petitioners in this regard, and all the decisions taken by the University were in tune with the statutory requirements. It was also pointed out that the petitioners failed to fulfil the requirements as they could not offer faculties in the college as per the relevant regulations of the NMC, which is clearly discernible from Ext.P32. Therefore, they are perfectly justified in taking a decision not to WPC Nos.19403 & 17337 of 2024 12 grant the Consent of Affiliation. Yet another aspect highlighted by the learned Senior Counsel is that it is the duty of the University to ensure that the College fulfils all the requirements for accommodating 250 students before the Consent of Affiliation is issued to the Institution. It was also pointed out that, in this case, even if a Consent of Affiliation is granted now, that would not enable the petitioner to secure permission to start the course with an intake of 250 students for the academic year 2024-25. This submission was made by the learned Senior Counsel for the University on the ground that, as per the notification issued by the NMC for starting new medical colleges and increasing MBBS seats, the period stipulated for submitting the applications was from 18.8.2023 to 17.9.2023. It is submitted that, in the said notice itself, it was mentioned that the college should submit the application with all the details and documents, and an incomplete application will not be entertained. In this case, the application submitted by the petitioner within the said period cannot be treated as a complete application, as it was submitted without the Consent of the Affiliation. 7. The learned counsel appearing for NMC also supported the contentions raised by the learned Senior Counsel for the University WPC Nos.19403 & 17337 of 2024 13 in this regard. It was pointed out that, as per Regulation 9 of the Establishment of New Medical Institutions Starting of New Medical Courses, Increase of Seats For Existing Courses & Assessment and Rating Regulations, 2023 (hereinafter referred to as 'Regulations 2023'), no application submitted by the eligible entity shall be entertained unless it is accompanied with the documents referred to in sub-clauses (a) to (i). Subclause (b) thereof mentions the Consent of Affiliation by the University. Along with the statement, the public notice dated 18.8.2023 issued by the Medical Assessment and Rating Board (MARB) on behalf of NMC was also produced as Annexure R4(b), as per the same, the applications should have been submitted during the period from 18.8.2023 to 17.9.2023. Since the application submitted by the petitioner was without a Consent of Affiliation issued by the University, it was an incomplete application and hence the NMC could not have entertained the same. Therefore, the NMC had already issued a letter of disapproval, as evidenced by Annexure R4(c) dated 29.06.2024. Thus, they sought for dismissal of the writ petition. 8. I have carefully gone through the records, in the light of the submissions made by the respective counsels. One of the contentions raised by the learned Senior Counsel for the petitioners WPC Nos.19403 & 17337 of 2024 14 is that there were lapses on the part of the University in considering the application submitted by the petitioner in a proper manner as the requests made by the petitioner were declined, citing unsustainable reasons on all occasions. Due to such an attitude of the University, the process got delayed thereby denying a proper opportunity to the petitioner. It was pointed out that the reasons highlighted by the University for rejecting the application were not legally sustainable. As far as the deficiencies pointed out by the University in Ext.P32 are concerned, it was pointed out that, going by the First Statute of the University, a decision could not have been taken by the University without granting an opportunity to the college to rectify the same. In this regard, Statute 2(5)(ix)(9) of Ext.P26-First Statute was also relied on. It was also contended that, as far as the requirements for establishing a college or seeking enhancement of seats are concerned, the competent authority to verify those aspects is NMC, and it is not for the University to insist on the same at the time of Consent of Affiliation. The learned Senior Counsel also placed reliance upon clause 2(5)(ix)(4) of Ext.P26, which provides for the fulfillment of necessary conditions/requirements only before the commencement of the academic year and not at the time of considering the Consent of WPC Nos.19403 & 17337 of 2024 15 Affiliation. Therefore, it was not necessary to insist on fulfilling all the requirements at the time of Consent of Affiliation, and it would be sufficient for the college to satisfy all the requirements before the commencement of the academic year. This submission was made by the learned Senior Counsel by drawing a distinction between the affiliation and consent of affiliation. According to him, all the requirements mentioned in the Regulations are with regard to the affiliation and only in clause 2(5)(ix)(9) of Ext.P26, the concept of consent of affiliation is referred to. 9. When considering the contention of the petitioners with regard to the delay and lapses on the part of the University, I am of the view that, the said question cannot have any relevance as far as the reliefs sought by the petitioners in these writ petitions are concerned. This is mainly because, even if it is assumed for the sake of the argument that due to the stand taken by the University at various stages, the processing of the application got prolonged, that by itself would not enable the petitioner to get the Consent of Affiliation in the absence of compliance with the statutory requirements and the conditions imposed by the NMC in this regard. It is also a relevant aspect to notice that the University ultimately found, after inspection conducted in the premises of the WPC Nos.19403 & 17337 of 2024 16 petitioner's college, certain deficiencies and, therefore, the actions of the University cannot be termed as illegal as such. Of course, the petitioner disputes the deficiencies found in Ext.P32 but the same cannot be a subject matter of this writ petition, being questions of fact. Moreover, the University had conducted the inspection through experts in this regard, and this Court cannot sit in appeal over the conclusions arrived at by such competent persons. On going through the inspection report attached along with Ext.P32, there are certain deficiencies in the faculties provided by the petitioner in various Departments. The same cannot be ignored as such. 10. The question regarding the scope of inquiry by the University while considering the issuance of the Consent of Affiliation was considered by the Hon'ble Supreme Court in **V.N.Public Health and Educational Trust v. State of Kerala [2021(2)KLT 730] = [(2021)17 SCC 189]** . In the said decision, the Hon'ble Supreme Court considered the question of the scope of inquiry by the Government at the time of the Essentiality Certificate as well. The said decision was rendered in a case relating to the 1st respondent University itself after elaborately discussing various provisions in the Medical Council of India Act and the Kerala University of Health Sciences First Statute 2013. In the said case, it was categorically WPC Nos.19403 & 17337 of 2024 17 observed that the Consent of Affiliation by the University is not a mere ministerial act. After referring to the provisions of the First Statute of the 1st respondent University, the following observations were made: _“Same is the position with respect of CoA by the University. The First Statute of KUHS prescribes that University may appoint a Commission to inspect the proposed site to make a physical verification of existing facilities and suitability of the proposed site. The grant of affiliation is dependent upon the fulfilment of all the conditions that are specified in Clause X(l) of First Statutes or that may be specified which includes staff, infrastructure facility, hospital, internet, library, play ground, hostel etc.. Thus, even grant of CoA by the University also cannot be said to be merely a ministerial act”_ 11. In another decision in SLP(C) No.16391/2022 **[V.N. Public Health and Educational Trust v. State of Kerala and Ors.]** the Hon'ble Supreme Court considered the contention of the college that the requirements regarding faculty cannot be feasibly met by the college by engaging them throughout the processing of the application of the affiliation. The Hon'ble Supreme Court rejected the said contentions by observing that in any academic matter and particularly in the field of medical education, no relaxation can be WPC Nos.19403 & 17337 of 2024 18 granted in so far as the norms and requirements prescribed by law, are concerned. 12. Thus, in the light of the legal proposition laid down by the Hon'ble Supreme Court, the contention raised by the learned Senior Counsel that, the requirements are to be fulfilled at the time of the commencement of the academic year, cannot be accepted. 13. However, there is force in the contention put forward by the learned Senior Counsel for the petitioners as far as the opportunity to cure the deficiency is concerned. In clause 2(5) (ix)(9) of Ext.P26, it is specifically stipulated as follows: _“...........In the case of deficiencies pointed out by the scrutiny committee, the applicant shall be provided a reasonable opportunity to make up the deficiency. In case the deficiency is made up, within the allowed time, the application will be processed further and consent of affiliation may be given. In case of failure to do so, the processing of the application will be closed for the academic year. Based on consent of affiliation given by the University as above, the applicant may move the apex statutory council for approval/Letter of Permission as the case may be”._ 14. In this case, an inspection was conducted by the scrutiny committee in the college on 2.5.2024 and on 4.5.2024 Ext.P28 order rejecting the application for consent of affiliation was passed WPC Nos.19403 & 17337 of 2024 19 by the University. Thereafter, it was reconsidered and on 25.5.2024, Ext.P32 order was issued confirming Ext.P28 order. On both the above occasions, no opportunity was granted to the petitioners to make up the deficiencies, which was a requirement contemplated in clause 2(5) (ix)(9) of Ext.P26 . Therefore, for that reason, Exts.P28 and Ext.32 cannot be treated as orders issued in proper compliance with statutory requirements. 15. However, the question that now arises is as to whether any practical purpose would be served by interfering with the same at this juncture, as the specific requirement of the petitioner is to get the Consent of Affiliation to enable the petitioner to commence the course with the student’s intake of 250, for the academic year 2024-25. Here comes the relevance of the stand taken by the NMC, which is based on public notice produced as Annexure R4(b) dated 18.8.2023, along with their statement. It is the notification by which applications were invited for starting new medical colleges and increase of seats. The period for submitting the application was from 18.8.2023 to 17.9.2023. As rightly pointed out by the learned counsel appearing for the 3rd respondent, Regulation 9 of Regulation 2023 [Annexure R4(a)] specifically contemplates that the application submitted by the college shall not be entertained WPC Nos.19403 & 17337 of 2024 20 unless the same is accompanied with the documents referred to in the said provision which includes Consent of Affiliation. In this case, admittedly, as on the date prescribed in Annexure R4(b), the petitioner could not submit a complete application along with necessary documents as Consent of Affiliation of the University was lacking. As observed above, even if it is found that the Ext P28 and P32 orders were issued by the University in violation of Statute 9 of First Statutes, such a finding would not have any impact on the right of the petitioners to get the application for permission to enhance the seats to 250 for the year 2024-2025, as the last date of application prescribed by the NMC in this regard expired as early as on 17.09.2023, which is much before the date of issuance of Ext P28 and P32. Therefore, by virtue of Regulation (9) of Annexure R4(a) referred to above, the application submitted by the petitioner cannot be entertained to permit the petitioner to start the MBBS Course with the student’s intake of 250 for the academic year 2024-25. In such circumstances, the prayers sought by the petitioner in this writ petition cannot be granted. In such circumstances, these Writ Petitions are dismissed, without prejudice to the right of the petitioners to move the 1st respondent/University for Consent of Affiliation again after making WPC Nos.19403 & 17337 of 2024 21 up all the deficiencies pointed out as per the report along with Ext P32, for the next academic year, if the enhancement of the seats is permissible. **Sd/-** **ZIYAD RAHMAN A.A. JUDGE** **pkk** WPC Nos.19403 & 17337 of 2024 22 ## **APPENDIX OF WP(C) 19403/2024** ## **PETITIONER'S EXHIBITS** **Exhibit P1 A COPY OF THE NOTIFICATION DATED 31-10-2013, ISSUED BY THE GOVERNMENT OF INDIA. Exhibit P2 A COPY OF THE LOP.NO. U-12012/33/2016-ME-I DATED 26-9-2016 ISSUED BY THE CENTRAL GOVERNMENT. Exhibit P3 A TRUE COPY OF THE ORDER NO.NMC/UGR/2020/037506 DATED 18-11-2021 ISSUED BY THE NMC Exhibit P4 A TRUE COPY OF THE NEW ESSENTIALITY CERTIFICATE NO. HEALTH-S3/35/2021-HEALTH ISSUED BY THE HEALTH AND FAMILY WELFARE DEPARTMENT DATED 24-9-2021. Exhibit P5 A COPY OF THE ORDER NO.2020/28884/1/AC1/A3/KUHS OF THE UNIVERSITY DATED 9-4-2021. Exhibit P6 A COPY OF THE ORDER NO. NMC/UGI/202223/000145/017420 DATED 4-5-2022 ISSUED BY THE NMC Exhibit P7 A COPY OF THE PUBLIC NOTICE NO. NMC/MARB/2022/038146 DATED 7-9-2022 ISSUED BY THE NMC. Exhibit P8 A COPY OF THE PUBLIC NOTICE NO. NMC/MARB/2022/047432 DATED 18-10-2022 ISSUED BY THE NMC. Exhibit P9 A COPY OF THE ORDER NO. NMC/UGI/202324/000025/008225 DATED 27-2-2023 ISSUED BY THE NMC. Exhibit P10 A COPY OF THE ORDER NO. NMC/UGI/202324/000025/017264 DATED 5-4-2023 ISSUED BY THE NMC. Exhibit P11 A COPY OF THE ORDER NO. U- 12021/51/2022/UGMEB/038487 DATED 23-6-2023** WPC Nos.19403 & 17337 of 2024 23 ## **ISSUED BY THE NMC.** |**Exhibit P12**|**THE APPLICATION FOR CONSENT OF AFFILIATION**| |---|---| ||**FOR ENHANCEMENT OF SEATS DTD 24-6-2023**| ||**SUBMITTED BY THE CHAIRMAN BEFORE THE**| ||**UNIVERSITY AS APPLICATION NO PAS/2023/74.**| |**Exhibit P13**|**A**<br>**COPY**<br>**OF**<br>**THE**<br>**LETTER**| ||**NO.1307/2017/AC1/MED/B1/KUHS DATED 30-6-2023**| ||**ISSUED BY THE UNIVERSITY.**| |**Exhibit P14**|**A TRUE COPY OF THE COMMUNICATION**| ||**NO.434/KMCTMC/08/2023**<br>**DATED**<br>**4-8-2023**| ||**SUBMITTED BY THE COLLEGE TO NMC.**| |**Exhibit P15**|**A TRUE COPY OF THE COMMUNICATION NO.**| ||**19011/03/2022/NMC/046683**<br>**DATED**<br>**8-8-2023**| ||**ISSUED BY THE GOVERNMENT OF INDIA, NATIONAL**| ||**MEDICAL COMMISSION.**| |**Exhibit P16**|**A**<br>**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**REQUEST**<br>**NO**| ||**454/KMCTMC/08/2023 DTD 9/8/2023 SUBMITTED BY**| ||**THE COLLEGE BEFORE THE UNIVERSITY.**| |**Exhibit P17**|**A TRUE COPY OF THE ORDER IN WPC NO 980/2023**| ||**DTD 18/9/2023 OF THE HONOURABLE SUPREME**| ||**COURT.**| |**Exhibit P18**|**A TRUE COPY OF THE E MAIL COMMUNICATION DATED**| ||**21/9/2023 SENT TO THE UNIVERSITY.**| |**Exhibit P19**|**A TRUE COPY OF THE ORDER NO. CDN-**| ||**16013/1/2023-COORD-NMC DATED 14/9/2023.**| |**Exhibit P20**|**A TRUE COPY OF THE ORDER DATED 16-10-2023**| ||**ISSUED BY THE GOVERNMENT.**| |**Exhibit P21**|**A COPY OF THE INTERIM ORDER PASSED IN WPC NO**| ||**36459/2023 DATED 3-11-2023 OF THIS HON'BLE**| ||**COURT.**| |**Exhibit P22**|**A COPY OF THE ORDER DATED NIL JANUARY 2024**| ||**ISSUED BY THE CENTRAL GOVERNMENT.**| |**Exhibit P23**|**A COPY OF THE MSMER DATED 19-9-2023 NOTIFIED**| ||**BY THE NMC.**| |**Exhibit P24**|**A TRUE COPY OF THE APPLICATION REF NO**| WPC Nos.19403 & 17337 of 2024 24 ||**690/KMCTMC/11/2023**<br>**DTD**<br>**21-11-2023**|**IS**| |---|---|---| ||**SUBMITTED BY THE PETITIONER BEFORE **|**THE**| ||**UNIVERSITY.**|| |**Exhibit P25**|**A TRUE COPY OF THE STATEMENT FILED BY THE**|| ||**STANDING COUNSEL FOR NATIONAL MEDICAL**|| ||**COMMISSION IN WPC NO 6583/2024 DTD 7-3-2024.**|| |**Exhibit P26**|**A COPY OF THE NOTIFICATION NO.2035/AC-**|| ||**H/2015/KUHS DATED 24-2-2020 ALONG WITH**|**THE**| ||**AMENDED CHAPTER XXI OF THE FIRST STATUTES.**|| |**Exhibit P27**|**A TRUE COPY OF THE INTERIM ORDER DTD 4-4-2024**|| ||**IN WPC NO 9020/2024 OF THIS HON'BLE COURT.**|| |**Exhibit P28**|**A TRUE COPY OF THE UNIVERSITY ORDER NO UO**|**NO**| ||**470/2024/ACADEMIC/KUHS DTD 4-5-2024 ISSUED**|**BY**| ||**THE UNIVERSITY .**|| |**Exhibit P29**|**THE DETAILS SHOWING THE MEDICAL FACULTIES**|**AND**| ||**NON-MEDICAL FACULTIES WHO ARE WORKING IN**|**THE**| ||**COLLEGE IN THE DEPARTMENT OF COLLEGE IN**|**BIO**| ||**CHEMISTRY.**|| |**Exhibit P30**|**A TRUE COPY OF THE PHOTOGRAPHS TAKEN AT THE**|| ||**TIME OF INSPECTION.**|| |**Exhibit P31**|**A TRUE COPY OF THE REQUEST DTD 6/5/2024**|| ||**SUBMITTED BY THE PETITIONER TO RECONSIDER**|**THE**| ||**ORDER BEFORE THE UNIVERSITY.**|| |**Exhibit P32**|**THE TRUE COPY OF THE COMMUNICATION **|**NO**| ||**21449/2023/AC1/2/MED/A3/KUHS DTD 25-5-2024**|| ||**ISSUED BY THE UNIVERSITY.**|| |**Exhibit P33**|**A TRUE COPY OF THE PUBLIC NOTICE **|**NO**| ||**19011/11/2023-ASSESMENT CELL/MARB/8244596**|**DTD**| ||**24-4-2024.**|| |**Exhibit P34**|**A TRUE COPY OF THE COMMUNICATION REF**|**NO**| ||**402/KMCTMC/04/2024 DTD 30-4-2024 SUBMITTED**|**BY**| ||**THE PETITION BEFORE THE MEMBER MEDICAL**|| ||**ASSESSMENT AND RATING BOARD.**|| ## **RESPONDENT ANNEXURES** **Annexure R-1(a) True copy of the public notice NMC/MARBUG/2024-2025/047984 dated 18-8-2023 issued by** WPC Nos.19403 & 17337 of 2024 25 ## **National Medical Commission** ## **PETITIONER EXHIBITS** **Exhibit.P35 True copy of the Order "Renewal/ UGMRB/202324/198/023342 dated 12-6-2024" addressed to the Principal, Government Medical College, Kozhikode Exhibit.P36 True copy of Order "Renewal/ UGMEB/202324/448/021504 dated 15-5-2024", addressed to the MOSC Medical College, Kolencherry with typed copy Exhibit.P37 True copy of e.mail notice was sent by the NMC on 24-6-2024, to appear for a virtual hearing for "U.G. - Increase seat application received in A.4. 2024-25". EXHIBIT P38 A true copy of the letter of disapproval No NMC /UGI /2024-25 /000039 and 000057 dated -06 -2024 issued by the National Medical Commission.** ## **RESPONDENT ANNEXURES** |**Annexure R4(c)**|**A true copy of the letter of disapproval No.**| |---|---| ||**NMC/UGI/2024-25/000039**<br>**000057**<br>**dated**| ||**29.06.2024 issued by the MARB**| |**Annexure R4(b)**|**A true copy of the Public Notice No.**| ||**NMC/MARB-UG/2024-2025/047984 dated 18.08.2023**| ||**issued by the MARB**| |**Annexure R4(a)**|**A true copy of the Establishment of New**| ||**Medical Institutions, Starting of New Medical**| ||**Courses, Increase of Seats for Existing**| ||**Courses**<br>**and**<br>**Assessment**<br>**and**<br>**Rating**| ||**Regulations, 2023**| WPC Nos.19403 & 17337 of 2024 26 ## **APPENDIX OF WP(C) 17337/2024** ## **PETITIONER EXHIBITS** |**Exhibit P1**|**A COPY OF THE NOTIFICATION DATED 31-10-2013,**|**A COPY OF THE NOTIFICATION DATED 31-10-2013,**| |---|---|---| ||**ISSUED BY THE GOVERNMENT OF INDIA.**|| |**Exhibit P2**|**A COPY OF THE LOP.NO. U-12012/33/2016-ME-I**|| ||**DATED 26-9-2016 ISSUED BY **|**THE CENTRAL**| ||**GOVERNMENT.**|| |**Exhibit P3**|**A**<br>**TRUE**<br>**COPY**<br>**OF**|**THE**<br>**ORDER**| ||**NO.NMC/UGR/2020/037506**<br>**DATED**|**18-11-2021**| ||**ISSUED BY THE NMC**|| |**Exhibit P4**|**A TRUE COPY OF THE NEW **|**ESSENTIALITY**| ||**CERTIFICATE NO. HEALTH-S3/35/2021-HEALTH**|| ||**ISSUED BY THE HEALTH AND FAMILY WELFARE**|| ||**DEPARTMENT DATED 24-9-2021**|| |**Exhibit P5**|**A**<br>**COPY**<br>**OF**<br>**THE**<br>**ORDER**|| ||**NO.2020/28884/1/AC1/A3/KUHS OF THE UNIVERSITY**|| ||**DATED 9-4-2021**|| |**Exhibit P6**|**A COPY OF THE ORDER NO. **|**NMC/UGI/2022-**| ||**23/000145/017420 DATED 4-5-2022**|**ISSUED BY THE**| ||**NMC**|| |**Exhibit P7**|**A COPY OF THE PUBLIC **|**NOTICE NO.**| ||**NMC/MARB/2022/038146 DATED 7-9-2022 ISSUED BY**|| ||**THE NMC**|| |**Exhibit P8**|**A COPY OF THE PUBLIC **|**NOTICE NO.**| ||**NMC/MARB/2022/047432 DATED 18-10-2022 ISSUED**|| ||**BY THE NMC**|| |**Exhibit P9**|**A COPY OF THE ORDER NO. **|**NMC/UGI/2023-**| ||**24/000025/008225 DATED 27-2-2023 ISSUED BY**|| ||**THE NMC**|| |**Exhibit P10**|**A COPY OF THE ORDER NO. **|**NMC/UGI/2023-**| ||**24/000025/017264 DATED 5-4-2023**|**ISSUED BY THE**| ||**NMC.**|| |**Exhibit P11**|**A**<br>**COPY**<br>**OF**<br>**THE**<br>**ORDER**|**NO.**<br>**U-**| ||**12021/51/2022/UGMEB/038487 DATED 23-6-2023**|| WPC Nos.19403 & 17337 of 2024 27 |**Exhibit P12**|**THE APPLICATION FOR CONSENT OF AFFILIATION**| |---|---| ||**FOR ENHANCEMENT OF SEATS DTD 24-6-2023**| ||**SUBMITTED BY THE CHAIRMAN BEFORE THE**| ||**UNIVERSITY AS APPLICATION NO PAS/2023/74**| |**Exhibit P13**|**A**<br>**COPY**<br>**OF**<br>**THE**<br>**LETTER**| ||**NO.1307/2017/AC1/MED/B1/KUHS DATED 30-6-2023**| ||**ISSUED BY THE UNIVERSITY**| |**Exhibit P14**|**A TRUE COPY OF THE COMMUNICATION**| ||**NO.434/KMCTMC/08/2023**<br>**DATED**<br>**4-8-2023**| ||**SUBMITTED BY THE COLLEGE TO NMC**| |**Exhibit P15**|**A TRUE COPY OF THE COMMUNICATION NO.**| ||**19011/03/2022/NMC/046683**<br>**DATED**<br>**8-8-2023**| ||**ISSUED BY THE GOVERNMENT OF INDIA, NATIONAL**| ||**MEDICAL COMMISSION.**| |**Exhibit P16**|**A**<br>**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**REQUEST**<br>**NO**| ||**454/KMCTMC/08/2023 DTD 9/8/2023 SUBMITTED BY**| ||**THE COLLEGE BEFORE THE UNIVERSITY.**| |**Exhibit P17**|**A TRUE COPY OF THE ORDER IN WPC NO 990/2023**| ||**DTD 18/9/2023 OF THE HONOURABLE SUPREME**| ||**COURT.**| |**Exhibit P18**|**A TRUE COPY OF THE E MAIL COMMUNICATION DATED**| ||**21/9/2023 SENT TO THE UNIVERSITY.**| |**Exhibit P19**|**A TRUE COPY OF THE ORDER NO. CDN-**| ||**16013/1/2023-COORD-NMC DATED 14/9/2023**| |**Exhibit P20**|**A TRUE COPY OF THE ORDER DATED 16-10-2023**| ||**ISSUED BY THE GOVERNMENT.**| |**Exhibit P21**|**A COPY OF THE INTERIM ORDER PASSED IN WPC NO**| ||**36459/2023 DATED 3-11-2023 OF THIS HON'BLE**| ||**COURT.**| |**Exhibit P22**|**A COPY OF THE ORDER DTD NIL JANUARY 2024**| ||**ISSUED BY THE CENTRAL GOVERNMENT.**| |**Exhibit P23**|**A COPY OF THE MSMER DATED 19-9-2023 NOTIFIED**| ||**BY THE NMC.**| |**Exhibit P24**|**A TRUE COPY OF THE APPLICATION REF NO**| ||**690/KMCTMC/11/2023**<br>**DTD**<br>**21-11-2023**<br>**IS**| ||**SUBMITTED BY THE PETITIONER BEFORE THE**| WPC Nos.19403 & 17337 of 2024 28 ## **UNIVERSITY** |**Exhibit P25**|**A TRUE COPY OF THE STATEMENT FILED BY THE**| |---|---| ||**STANDING COUNSEL FOR NATIONAL MEDICAL**| ||**COMMISSION IN WPC NO 6583/2024 DTD 7-3-2024.**| |**Exhibit P26**|**A COPY OF THE NOTIFICATION NO.2035/AC-**| ||**H/2015/KUHS DATED 24-2-2020 ALONG WITH THE**| ||**AMENDED CHAPTER XXI OF THE FIRST STATUTES.**| |**Exhibit P27**|**A TRUE COPY OF THE INTERIM ORDER DTD 4-4-2024**| ||**IN WPC NO 9020/2024 OF THIS HON'BLE COURT.**| |**Exhibit P28**|**A TRUE COPY OF THE UNIVERSITY ORDER NO UO NO**| ||**470/2024/ACADEMIC/KUHS DTD 4-5-2024 ISSUED BY**| ||**THE UNIVERSITY.**| |**Exhibit P29**|**THE DETAILS SHOWING THE MEDICAL FACULTIES AND**| ||**NON-MEDICAL FACULTIES WHO ARE WORKING IN THE**| ||**COLLEGE IN THE DEPARTMENT OF COLLEGE IN BIO**| ||**CHEMISTRY .**| |**Exhibit P30**|**A TRUE COPY OF THE PHOTOGRAPHS TAKEN AT THE**| ||**TIME OF INSPECTION.**| |**Exhibit P31**|**A TRUE COPY OF THE REQUEST DTD 6/5/2024**| ||**SUBMITTED BY THE PETITIONER TO RECONSIDER THE**| ||**ORDER BEFORE THE UNIVERSITY.**| |**Exhibit P32**|**A TRUE COPY OF THE PUBLIC NOTICE NO**| ||**19011/11/2023-ASSESMENT CELL/MARB/8244596 DTD**| ||**24-4-2024.**| |**Exhibit P33**|**A TRUE COPY OF THE COMMUNICATION REF NO**| ||**402/KMCTMC/04/2024 DTD 30-4-2024 SUBMITTED BY**| ||**THE PETITIONER BEFORE THE MEMBER MEDICAL**| ||**ASSESSMENT AND RATING BOARD.**| |**Exhibit P34**|**A TRUE COPY OF THE COMMUNICATION NO**| ||**21449/2023/AC1/2/MED/A3/KUHS DTD 25-5-2024**| ||**ISSUED BY THE UNIVERSITY.**|