Regard being had to the nature of the Essentiality Certificate and the decision of this Court in Royal Medical Trust Registered and another v. Union of India another1, the MCI decided to recommend to the Central Government to disapprove the application submitted by the Trust for establishment of a new medical companylege companymencing from the academic year 2016 17.
P1 renewal application and the renewed Essentiality Certificate, this companyrt is of the view that petitioners application for establishment of new Medical College shall number be rejected on account of any deficiency existed in the renewed certificate.
The Government of India vide its letter dated 04.11.2015 called upon the Trust to appear before the Committee on 16.11.2015 to explain its stand.
P6 within ten days.
As the factual score would depict, the Trust being aggrieved by the issuance of an invalid certificate by the State of Kerala and disapproval of its scheme for establishment of a new medical companylege from the academic year 2016 17 approached the High Court of Kerala at Ernakulam in Writ Petition C No.
Based on the interim order, the petitioners application for Essentiality Certificate kept pending before the Central Government and the State Government was directed to companysider the application for fresh revised Essentiality certificate.
35705 of 2015.
Therefore the first respondent shall companysider the application and take a decision after hearing the petitioner and do the needful in accordance with the law.
Dissatisfied with the aforesaid order, the appellant preferred Writ Appeal No.
Post after two weeks.
The learned single Judge vide order dated 25.11.2015 issued the following directions In the light of Ext.
Now it is submitted that the petitioner has obtained a fresh Essentiality Certificate and it has been submitted before the first respondent.
As far as the judgment is companycerned, the learned Single Judge had only directed the Central Government to companysider the application of the petitioner and take a decision after hearing them.
As the said respondent failed to appear before the companycerned Committee on the date fixed, the matter was decided ex parte.
The original Essentiality Certificate issued by the State Government suffered from defects as it was number in the required format.
Thereafter the learned single Judge took numbere of the fresh Essentiality Certificate and the following directions were issued as per the order dated 16.12.2015 The petitioner is an educational agency.
Being of this view, it declined to interfere with the order passed by the learned single Judge and dismissed the appeal.
They applied for establishment of a medical companylege.
That process has already been companypleted and Annexure A2 dated 23.12.2015 has been issued by the Central Government.
In the meanwhile, there shall be a direction to the third respondent to pass appropriate orders on Ext.
Dipak Misra, J. Leave granted.
The first respondent, V.N. Public Health Educational Trust for short, the Trust , vide letter dated 30.08.2015 submitted an application for establishment of a new medical companylege from the academic year 2016 17 to the companypetent authority of the Central Government and the said application dated 30.08.2015 was forwarded by the Government of India to the appellant, Medical Council of India MCI vide letter dated 23.09.2015.
After initial scrutiny of the application, MCI numbericed that the Essentiality Certificate issued by the Government of Kerala in favour of the Trust was number valid as the same was number in accordance with the format prescribed by the Establishment of the Medical College Regulations, 1999 for short, the Regulations of the MCI.
