Legal Analysis on Essentiality Certificate and Medical College Establishment

Delve into the legal intricacies of Essentiality Certificates and the establishment of Medical Colleges as analyzed by the court in a recent case. The court’s considerations on adherence to time schedules, fulfillment of criteria, and the role of State Governments and Universities in granting approvals are crucial aspects of this analysis.


  • Orders passed in Writ Petition No 34275 of 2019 and Writ Appeal No 2443 of 2019 were set aside by the Court.
  • Three Writ Petitions were to be heard together and finally decided.
  • Writ Petition No 27266 of 2019 was allowed, setting aside the State Government’s denial of NOC and EC for starting a new Medical College.
  • The State Government was directed to issue/renew the EC of the appellant.
  • Opportunity was given to apply for the Academic Year 2022-2023 instead of 2020-2021.
  • The Review Petition filed by the appellant was dismissed.
  • Writ Appeal filed by the State against the said order was dismissed by Division Bench.
  • Decision about granting permission to start the Medical College for the Academic Year 2020-2021 was refused, with time-bound directions for inspection by the State and University for 2021-22.
  • Various orders were passed directing the State Government, MCI, and Central Government in relation to EC and application of the appellant.
  • Appeals arose out of the modified directions by the Division Bench of Kerala High Court for consideration of establishing a Medical College by the appellant for the Academic Year 2021-2022.
  • Challenge was made to the finding that no relief could be granted for the Academic Session of 2020-2021 due to the prescribed time schedule being over.
  • Appellant’s repeated attempts to establish a Medical College were hindered by actions of State Government and KUHS.
  • Appellant’s hospital has necessary infrastructure for a Medical College.
  • Several applications for EC and CoA were made by the appellant, many of which were rejected or not considered due to various issues like format discrepancies and time limits.
  • Appellant’s appeal before the High Court and various petitions were either dismissed, stayed, or withdrawn.
  • Various interim orders were issued, but final decisions on EC and CoA were not in favor of the appellant.
  • Challenges and appeals were made regarding the renewal and revision of EC and CoA for different academic years.
  • MCI and State Government’s actions led to rejection or return of appellant’s applications multiple times.
  • Appellant faced challenges with the format and timing of EC and CoA submissions.
  • Various Writ Petitions and Writ Appeals were filed by the appellant in the High Court regarding the establishment of the Medical College.

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  • Issue: Whether Essentiality Certificate (EC) and Consent of Affiliation (CoA) should be granted for the year 2020-2021 to the appellant.
  • Appellant is a trust promoting education in Health and Medicine.
  • Claimed to have set up a 300 bedded hospital in Walayar, Palakkad District in 2006.

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  • Establishment of a Medical College is governed by the MCI Act, and the University’s role is limited to granting affiliation.
  • Essentiality Certificate for a new medical college is granted based on desirability and feasibility by the State Government.
  • The State cannot withhold or withdraw the Essentiality Certificate once granted.
  • The State Government must verify MCI norms are met by the appellant for setting up a new Medical College.
  • The State cannot reject applications for establishing a Medical College based on policy grounds.
  • Issuing an Essentiality Certificate is considered a ministerial job with limited purpose.
  • Issues of fraud aside, the power to issue an Essentiality Certificate is considered exhausted once exercised.
  • The appellant’s entitlement to the Certificate of Affiliation (CoA) is not automatic based on previous grants but subject to current evaluation.
  • Faculty deficiency of 32%
  • Tutor, Demonstrator-SR Deficiency of 78%
  • Only 18 ICU Beds instead of required 60
  • No Blood Bank in the hospital
  • Lack of required laboratory facilities
  • Outsourcing of most tests
  • Doubtful genuineness of some patients for IP admission
  • Inadequate documentation
  • Provisional Affiliation granted in 2015 due to High Court order
  • Failure to fulfill any requirements for medical college establishment
  • Inspection in 2015 revealed lack of infrastructure and essential requirements
  • Low bed occupancy of 24 out of 72 beds
  • MCI Regulations and University statutes mandate fulfillment of essential requirements for CoA
  • Recent inspection in 2020 found institution lacking requisite infrastructure

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  • The Appellant Institution was found lacking proper facilities in inspections conducted in 2015 and 2020, necessitating the requirement of an Essentiality Certificate.
  • The issuance of an Essentiality Certificate by the State Government is crucial before establishing a Medical College.
  • The State Government, upon issuing an Essentiality Certificate, undertakes responsibilities in case the institution fails to meet requirements.
  • The State Government has the power to revoke the Essentiality Certificate if deemed necessary.
  • Grant of an Essentiality Certificate is not a simple ministerial act, but a significant certification ensuring the institution meets specific criteria.
  • The State Government must conduct periodic inspections to ensure the maintenance of standards in professional colleges.
  • Delay or failure in meeting requirements after receiving an Essentiality Certificate can lead to withdrawal of certification.
  • The law allows the State Government to withdraw the Essentiality Certificate if granted fraudulently or if the basis for issuance no longer exists.
  • Deficiencies in medical education would be detrimental to society
  • Patients should not be used as objects for teaching by unequipped medical colleges
  • Proper infrastructure and faculty are essential for medical education
  • Half-baked doctors should not be allowed to practice
  • The Medical Council of India should not leave loose or unqualified doctors to deal with patients
  • Permission to admit students should not be granted conditionally
  • Proper facilities, infrastructure, and adherence to teaching standards are necessary for medical colleges
  • Orders related to new Medical Colleges should not ruin students’ careers
  • Essentiality certificates can be withdrawn in cases of fraud or disappearance of reasons for granting them
  • The act of issuing essentiality certificates is a quasi-judicial function
  • Interference with decisions based on expert recommendations is permissible only in certain circumstances
  • The establishment of a medical college requires prior permission from the Central Government by submitting a Scheme with specific conditions.
  • Qualifying criteria include obtaining Essentiality Certificates from the State Government, consent of affiliation from a University, ownership and management of a hospital with at least 300 beds, and providing performance bank guarantees.
  • The State Government must issue Essentiality Certificates indicating public interest and feasibility of establishing a medical college.
  • The Council may seek additional information and conduct inspections to verify the applicant’s capabilities and infrastructure.
  • Factors considered include offering minimum standards of medical education, financial resources, training arrangements for students, manpower requirements in the field of medicine, and other prescribed factors.
  • State Government cannot be directed to issue EC or CoA to the appellant for the year 2020-2021 as the last date for the Academic Year 2021-2022 has already passed.
  • The extended deadline of 15.12.2020 in view of the Covid-19 pandemic is also over.
  • It is not possible to even notionally issue EC or CoA to the appellant for the previous year.
  • The time schedule for starting a new Medical College for the year 2020-2021 has already lapsed.


  • Appellant can apply for grant of EC and CoA for the next Academic Year after addressing deficiencies
  • Time schedule for establishment of new Medical College must be strictly adhered to
  • No order as to costs made
  • Court emphasized adherence to time schedule for new Medical College establishments
  • Appeals dismissed, relief not granted for Academic Year 2020-2021


Case Number: C.A. No.-000703-000704 / 2021

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