RINTHA AURIF; NIDHYA E; J PRABHAKARAN; REGINALD J AND ORS Vs. KERALA UNIVERSITY OF HEALTH SCIENCES; KARUNA MEDICAL COLLEGE AND ORS

JUDGEMENT

(1.) W.P.C.No.14114 of 2013 is filed by a self-financing medical college established during the academic year 2006- 2007 conducting M.B.B.S course in terms of Ext.P1 letter of permission issued by the Central Government. The petitioner inter alia challenges the action of the 2nd respondent University in denying affiliation for the Post Graduate, Medical courses (for short 'PG Course') for which they got permission from Central Government under section 10A of the Medical Council Act, 1956 (hereinafter referred as the MCI Act).

(2.) The petitioner, for the purpose of starting PG course in the college in various subjects, submitted an application dated 29/10/2009 before the University of Calicut for affiliation, which was later on transferred to the 2nd respondent University in terms of Kerala University of Health and Allied Sciences & Ordinance, 2009. In order to submit an application to the Central Government for starting PG courses, production of consent of affiliation is a prerequisite.

(3.) Petitioner also submitted Ext.P4 application to the Government intimating about the sanctioning of PG courses and had requested for "NOC and concurrence" for starting the said courses. Ext.P5 is a communication from the Government of Kerala to the Principal of the College stating that 50% of the total seats shall be filled up by the competent authority and the remaining 50% by the management of the institution on the basis of merit. The Principal was therefore called upon to surrender 50% of the post graduate seats to Government merit quota as per the MCI norms. EXT.P8 is a copy of communication from the Principal of the petitioner college to the Government inter alia stating that the management has decided to admit Government quota students in the 50% quota sanctioned by MCI for the said post graduate seats. The details of the fee proposed to be collected from the management quota were also specified.