[Civil Appeal No.3964 of 2016 arising out of S.L.P. (C) NO.5326 of 2016]. The first respondent, V.N. Public Health & 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[1], 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.
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