REPRESENTED BY ITS CHAIRMAN v. ANILKUMAR. vs ANILKUMAR, AGED

University has filed a statement resisting the writ petition. On behalf of the 1st respondent, it is submitted that Ext.P5 notification wherein the academic year was erroneously mentioned as 2025-2026 against all Medical Postgraduate/ Super Speciality Courses in the Appendix 1, has been corrected as 2026-2027 as per Annexure R1(a).

12. The 1st respondent-University further submitted that the issuance of Consent of Affiliation for permission to start new Medical College / enhancement of seats / starting of new Courses has to be in strict compliance with the timeline fixed by the various statutory authorities. The University invites application for provisional Affiliation much earlier as University is required to comply with the procedures as prescribed by its Ordinance and Statues. Conducting inspection of the Institution is also involved in order to ascertain the suitability of proposed site, infrastructural facilities, clinical materials, academic W.P.(C) No.10989/2025 : 9 : facilities, adequacy of required faculties and other matters, in terms with the Minimum Standard Requirements. In view of the erratum notification, the application of the petitioners cannot be considered.

13. I have heard the learned counsel for the petitioners and the respective Standing Counsel representing respondents 1 to 3.

14. Ext.P2 is the Essentiality Certificate dated

22.12.2022 issued by the State of Kerala. On 30.08.2024, the 1st respondent issued notification inviting applications for various Postgraduate Courses including DM Critical Care for the academic year 2026-2027. The petitioners' application dated

30.10.2024 is in response to the said notification. Later a public notice was issued inviting applications with respect to Postgraduate Medical Courses for the academic year 2025- 2026, the petitioners requested the respondents to consider their applications as one for the year 2025-2026. W.P.(C) No.10989/2025 : 10 :

15. However, from the pleadings, it is seen that the year 2025-2026 was given in the public notice is by way of mistake. Therefore, the 1st respondent issued Ext.P7 erratum notification dated 15.01.2025 apparently seeking to correct the invite of applications for the Postgraduate Medical Courses for the academic year 2026-2027.

16. In the meanwhile, the petitioners approached this Court filing W.P.(C) No.6647 of 2025. The said writ petition was disposed of by this Court as per Ext.P10 judgment. This Court directed the 1st respondent-Registrar to consider Ext.P8 representation of the 1st petitioner and take appropriate decision expeditiously. The said representation stands dismissed as per Ext.P13 order.

17. In Ext.P13, the respondents have stated three reasons for dismissal of Ext.P8 application: a) The last date of application before the 3rd respondent was over as early on 26.12.2024. W.P.(C) No.10989/2025 : 11 : b) The 1st respondent issued Ext.P5 by a mistake. c) DM Critical Care Medicine is offered in one College in the State since the current academic year (2024-2025).

18. It is to be noted that the last date for submission of applications for the year 2024-2025 was long expired. The respondents had published a notification inviting applications for starting the Course earlier for the year 2024-

2025. The petitioners did not respond to that notification. Subsequently, when applications were invited for the year 2026- 2027, the petitioners submitted applications. In the meanwhile, the public notice was issued by the respondents wherein a mistake had crept in, by which the respondents have stated that the applications are invited for the year 2025-2026. The said mistake, when found was corrected as per Ext.P7 erratum notification.

19. Considering the fact that the original applications submitted by the petitioners for the year 2026-2027 W.P.(C) No.10989/2025 : 12 : and further considering the fact that the deadlines for making applications and allotment of seats for the year 2025-2026 is long expired, I do not find any reason to grant relief to the petitioners in the writ petition. The writ petition is hence dismissed. SR Sd/- N. NAGARESH JUDGE W.P.(C) No.10989/2025 : 13 : APPENDIX OF WP(C) 10989/2025 PETITIONERS' EXHIBITS: Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 TRUE COPY OF LETTER DATED 14-06-2022 WRITTEN BY THE 1ST PETITIONER TO THE STATE OF KERALA TRUE COPY OF ESSENTIALITY CERTIFICATE DATED 22-12-2022 ISSUED BY STATE OF KERALA TRUE COPY OF APPLICATION DATED 30-10- 2024 PREFERRED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT TRUE COPY OF THE EMAIL DATED 26-12-2024 ISSUED BY THE 3RD RESPONDENT ALONG WITH ATTACHMENT THERETO PERTAINING TO DETAILS OF THE APPLICATION BEARING ID NO. NMC/PG/2025-2026/001531 TRUE COPY OF NOTIFICATION DATED 31-12- 2024 ISSUED BY THE 1ST RESPONDENT TRUE COPY OF LETTER DATED 10-01-2025 WRITTEN BY THE 1ST PETITIONER TO THE 1ST RESPONDENT REQUESTING TO ACCEPT EXT.P3 APPLICATION AS ONE PREFERRED FOR ACADEMIC YEAR 2025-2026 TRUE COPY OF THE ERRATUM NOTIFICATION DATED 15-01-2025 ISSUED BY THE 1ST RESPONDENT TRUE COPY OF LETTER DATED 06-02-2025 PREFERRED BY THE 1ST PETITIONER TO 1ST RESPONDENT TRUE COPY OF LETTER DATED 12-02-2025 WRITTEN BY THE 1ST PETITIONER TO THE 1ST RESPONDENT. W.P.(C) No.10989/2025 : 14 : Exhibit P10 Exhibit P11 Exhibit P12 Exhibit P13 Exhibit P14 TRUE COPY OF JUDGMENT DATED 24-02-2025 IN W.P.(C)6647/2025 OF HIGH COURT OF KERALA TRUE COPY OF LETTER DATED 24-02-2025 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER TRUE COPY OF LETTER DATED 01-03-2025 WRITTEN BY THE PETITIONER TO THE FIRST RESPONDENT TRUE COPY OF ORDER DATED 10-3-2025 PASSED BY THE FIRST RESPONDENT TRUE COPY OF LETTER DATED 11-3-2025 WRITTEN BY THE FIRST PETITIONER TO THE FIRST RESPONDENT RESPONDENTS' ANNEXURES: Annexure R-1(a) True copy of the statement filed by the standing counsel of the respondent university dated 12.02.2025 Annexure R2(b) Annexure R2(c) Annexure R2(d) A true copy of the Public Notice No. M- 19011/38/2024/NMC/PGMARB (e-ID 8293796) dated 06.11.2024 issued by the MARB of NMC A true copy of the Public Notice No. M- 19011/38/2024/NMC/PGMARB (e-ID 8293796) dated 22.11.2024 issued by the MARB of NMC A true copy of the Public Notice No. M- 19011/38/2024/NMC/PGMARB (e-ID 8293796) dated 24.12.2024 issued by the MARB of NMC Annexure R2(a) A letter W.P.(C) No.10989/2025 : 15 : No.19011/38/2024/NMC/PGMARB (8293796) dated 20.09.2024 issued by the Secretary, National Medical Commission (with enclosure) PETITIONERS' EXHIBITS: Exhibit P15 TRUE COPY OF THE EMAIL DATED 24-01-2025 SENT BY THE APPELLATE BODY UNDER THE 3RD RESPONDENT.