DIPAK MISRA, J. - (1.) Leave granted.
(2.) The first respondent, V.N. Public Health and Educational Trust (for short, "the Trust"), vide letter dated 30.08.2015 submitted an application for establishment of a new medical college from the academic year 2016 -17 to the competent 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 noticed that the Essentiality Certificate issued by the Government of Kerala in favour of the Trust was not valid as the same was not in accordance with the format prescribed by the Establishment of the Medical College Regulations, 1999 (for short, "the Regulations") of the MCI. 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 another, (2015) 10 SCC 19 the MCI decided to & recommend to the Central Government to disapprove the application submitted by the Trust for establishment of a new medical college commencing from the academic year 2016 -17. 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. As the said respondent failed to appear before the concerned Committee on the date fixed, the matter was decided ex parte.
(3.) 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 college from the academic year 2016 -17 approached the High Court of Kerala at Ernakulam in Writ Petition (C) No. 35705 of 2015. The learned single Judge vide order dated 25.11.2015 issued the following directions: - "In the light of Ext.P1 renewal application and the renewed Essentiality Certificate, this court is of the view that petitioner's application for establishment of new Medical College shall not be rejected on account of any deficiency existed in the renewed certificate. In the meanwhile, there shall be a direction to the third respondent to pass appropriate orders on Ext.P6 within ten days. Post after two weeks." ;