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Judgment
SOUMEN SEN, C.J.
Heard Mr. George Poonthottam, learned Senior Advocate instructed by Ms. Nisha George, learned counsel for the petitioner, Mr. Arun B. Varghese, learned Central Government Counsel, Mr. K.S. Prenjith Kumar, learned Standing Counsel for respondent No.2, Ms. Helen representing Mr. S. Ganesh, learned Standing Counsel for respondent No.5 and Mr. K.S. Premod, learned Senior Government Pleader.
In view of the fact that the party truly affected in the subject issue is the Employees State Insurance Corporation (ESI), which had proposed to commence a new medical college from the premises duly identified by it, the absence of the ESI in the party array renders the maintainability of this W.P.(PIL) precarious. Be that as it may, we take note of the submission made on behalf of the State Government in terms of the letter dated 03.02.2026, from the Under Secretary to Government of Kerala, Health and Family Welfare, that it is an integral undertaking in an Essentiality Certificate that in case the applicants fail to create infrastructure for the Medical College as per NMC norms and fresh admissions are stopped by the NMC, the State Government shall take over the responsibility of students already admitted in the College with the permission of NMC. Unless the Government is satisfied that the land, academic buildings, clinical infrastructure, faculty and residents, equipment, and other requirements for the proposed medical college does comply with NMC regulations, it cannot issue the Essentiality Certificate. Accordingly, today is the day fixed for inspection to determine whether the request for an essentiality certificate to start an MBBS course at the ESIC Model & Super Speciality Hospital, Asramam, Kollam, can be considered.
The requirement to start an MBBS course at the ESI Model and Super Speciality Hospital cannot be ignored; however, it must comply with NMC guidelines and adhere to the UG-MSR, 2023 of the NMC, as specified in the letter dated 03.02.2026. In the event the Government is satisfied that the ESI has complied with the applicable norms under the UG-MSR, 2023, it shall expedite the issuance of the requisite certificate to commence the MBBS course as requested by the ESI.
The learned Special Government Pleader has also submitted that the Medical College is necessary, and the process of granting approval should be expedited, provided that all essential conditions are satisfied, preferably within four weeks from the date.
The petition is accordingly disposed of.