LAXMI MEGAN SPECIALITY HEALTH CARE PRIVATE LIMITED Vs. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT

JUDGEMENT

(1.) The prayers in this writ petition are as follows:

(2.) Heard learned counsel for the petitioner and the learned Government Pleader.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner's request for Essentiality Certificate for completing the procedures for establishment of a Medical College in Kasaragod District had been rejected by Ext.P4 order. It is stated that no reason whatsoever is stated in Ext.P4 for rejection of the application. The learned counsel for the petitioner contends that this Court as well as the Apex Court has repeatedly deprecated the practice of rejecting statutory clearances on the ground of policy decisions by the Government. It is, therefore, contended that the Government may be directed to consider the issuance of Essentiality Certificate on the merits of the issue and taking note of the application preferred by the petitioner and the documents supporting the same.