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Supreme Court of India 2021-02-24 dismissed

V.N. Public Health and Educational Trust etc vs State of Kerala & Ors. etc

Bench: 3 — Krishna Murari

In Brief

A private trust applied for an Essentiality Certificate and Consent of Affiliation to establish a medical college in Kerala, claiming infrastructure was in place since 2006. After 17 years and multiple rejections due to documented deficiencies, the court held that issuing these certificates is not merely ministerial but requires substantive verification of infrastructure, faculty, and clinical material. The State Government can withdraw certificates where the foundational justification vanishes or never existed. As the appellant's 2020 inspection revealed significant shortfalls (inadequate ICU beds, no blood bank, 32% faculty deficiency), the court dismissed the appeal, allowing future applications only after removing deficiencies and adhering to prescribed timelines."

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Medical Education Medical Colleges Administrative Law Essentiality Certificate Affiliation of Institutions Infrastructure and Standards

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