THE CHAIRMAN, QUILON MEDICAL TRUST Vs. THE KERALA UNIVERSITY OF HEALTH AND SCIENCES MEDICAL COLLEGE AND ORS.

JUDGEMENT

(1.) The petitioner is the Chairman of Quilon Medical Trust, which is the educational agency of Travancore Medical College, a private self-financing medical college, conducting MBBS course on the strength of recognition originally granted by the Medical Council of India and presently by the 3rd respondent National Medical Commission, and the affiliation originally granted by the University of Kerala and presently by the 1st respondent Kerala University of Health Sciences. The annual intake originally approved by the Medical Council of India in MBBS course was 100 seats, for the academic year 2009-10. The annual intake was increased/enhanced from 100 to 150, by the Medical Council of India, for the academic year 2020-21. Based on the approval granted by the Medical Council of India, the 1st respondent University granted consent of affiliation for enhancement of intake in MBBS course from 100 to 150, for the academic year 2020-21.

(2.) The 1st respondent University issued Ext.P1 notification dated 04.11.2020 inviting applications for starting of/enhancement of seats in MBBS course for the academic year 2021-22. As per the said notification, all institutions should satisfy the norms fixed by the concerned Apex Council, if any,/Government of Kerala/Kerala University of Health and Sciences. The last date of submission of online applications with the requisite documents and fee was 09.11.2020. The mandatory documents/certificates to be submitted along with the applications are mentioned in Appendix A. The applications without the documents and requisite fee will be summarily rejected. The application will be valid for three years. Grant of provisional affiliation will be as per the norms fixed by the University/Apex Council concerned/Government of Kerala, from time to time.

(3.) Pursuant to Ext.P1 notification, the petitioner submitted Ext.P2 application dated 09.11.2020 for enhancement of seats in MBBS course from 150 to 200. By Ext.P3 order dated 13.11.2020, the 1st respondent University appointed an Inspection Commission for considering the application seeking provisional affiliation for enhancement of the seats. On 27.11.2020, the University issued Ext.P4 communication dated 27.11.2020, whereby the petitioner was informed that the application for enhancement of seats in MBBS course from 150 to 200, for the academic year 2021-22, cannot be considered, since as per the Regulations of the 3 rd respondent National Medical Commission the medical college shall qualify to apply for enhancement of annual intake in MBBS course from 150 to 200, only after recognising the present intake (100 to 150).