UNDER GRADUATE MEDICAL EDUCATION BOARD NATIONAL MEDICAL COMMISSION (NMC) Vs. V.N. PUBLIC HEALTH AND EDUCATION TRUST

JUDGEMENT

(1.) The appellants, who are respondents 1 and 2 in W.P.(C)No. 32178 of 2025, have filed this writ appeal, invoking the provisions under Sec. 5(i) of the Kerala High Court Act, 1958, challenging the judgment dtd. 8/10/2025 of the learned Single Judge in that writ petition.

(2.) W.P.(C)No.32178 of 2025 is one filed by the petitioners (respondents 1 and 2 herein), namely, V.N. Public Health and Educational Trust and its Managing Trustee, seeking a writ of certiorari to quash Ext.P1 order dtd. 22/8/2025 of the 2nd respondent National Medical Commission (2nd appellant herein), in the appeal filed by Palakkad Institute of Medical Sciences, Walayar, under Sec. 22(3) of the National Medical Commission Act, 2019, read with Sec. 9 of the Maintenance of Standards of Medical Education Regulations, 2023, and Ext.P13 order dtd. 14/7/2025 of the 1st respondent Under Graduate Medical Education Board (1st appellant herein), whereby the Board decided to reduce 50 seats in Palakkad Institute of Medical Sciences, and granted conditional renewal of only 100 MBBS seats, for the academic session 2025-26; a declaration that for the institutions granted Letter of Permission (LoP) under the Establishment of Medical College Regulations, 1999, read with the Minimum Standard Requirements for 150 MBBS Admissions Annual Regulations, 1999, and the Minimum Requirements for Annual MBBS Admissions Regulations, 2020, yearly renewals till the grant of Letter of Recognition is governed by said norms; a writ of mandamus commanding the respondents (1st and 2nd appellants and the 3rd respondent University) to permit the petitioners to admit second batch of 150 MBBS students during the academic session 2025-26; a writ of mandamus commanding the respondents to grant LoP to the petitioners for 150 MBBS seats during the academic session 2025-26; and a writ of mandamus commanding the 3rd respondent Kerala University of Health Sciences to grant order of Continuation of Provisional Affiliation for 150 MBBS seats during the academic session 2025-26.

(3.) In W.P.(C)No.32178 of 2025, the petitioners sought for an interim order to permit them to admit the second batch of 150 MBBS students during the academic session 2025-26 and to direct the respondents to pass appropriate orders for the purpose thereof, pending disposal of the writ petition. On 25/8/2025, when the writ petition came up for admission as a 'today motion', it was adjourned to 27/8/2025. On 27/8/2025, the petitioners filed I.A.No.1 of 2025 for accepting an affidavit sworn to by the 2nd petitioner stating additional facts.