MBBS approval only after compliance with NMC regulations: Kerala HC on ESIC Kollam plea

Kochi: Observing that to start an MBBS course, compliance with the guidelines of the National Medical Commission (NMC) is strictly necessary along with adhering to the provisions laid down in the UG Minimum Standard Requirements (MSR) 2023 regulations, the Kerala High Court disposed of a plea concerning the proposal to start an MBBS course at the ESIC Model and Super Speciality Hospital in Asramam, Kollam.

A division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. noted that the need to start an MBBS course at the hospital cannot be ignored. However, the court clarified that the course can only begin after fulfilling all requirements prescribed by the NMC under the Undergraduate Minimum Standards Requirements (UG-MSR), 2023.

The court also took note of a letter dated February 3, 2026, issued by the Kerala Health and Family Welfare Department. According to the letter, the State Government can issue an Essentiality Certificate only after verifying that the proposed medical college meets all infrastructure and regulatory requirements. These requirements include adequate land, academic buildings, clinical infrastructure, faculty members, resident doctors, equipment, and other facilities as mandated by the NMC regulations.

The court was hearing a plea filed by Lok Sabha MP N. K. Premachandran regarding the establishment of the medical college. According to the petition, the proposed medical college is to be established by upgrading the ESI Model and Super Speciality Hospital at Asramam, Kollam. The project, estimated to cost approximately ₹600 crore, has reportedly received in-principle approval from the ESIC and the Union Government.

The petitioner contended that despite the availability of central funding and the submission of necessary applications by ESIC, the Kerala Government has failed to issue the Essentiality Certificate, which is a prerequisite under the regulations of the National Medical Commission (NMC) for establishing a new medical college.

In this regard, the bench said, "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."

Then, the Court took note of the submission made by the State Government based on a letter dated February 3, 2026, issued by the Under Secretary to the Government of Kerala, Health and Family Welfare Department.

The letter stated that while issuing an Essentiality Certificate, the State Government must ensure that if the applicant fails to develop the required infrastructure for the medical college as per the norms of the National Medical Commission and if the NMC later stops fresh admissions, the State Government will take responsibility for the students who have already been admitted, with the permission of the commission.

It was submitted by the State that unless the government is satisfied that the infrastructure including the clinical infrastructure and other requirements proposed for the medical college, complies with NMC regulations, the Essentiality certificate cannot be issued.

The Bench also took note that an inspection had been scheduled to determine whether the facilities at the ESIC hospital satisfy the requirements necessary for issuing the Essentiality Certificate to start the MBBS programme.

"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 court said in its order on March 5, 2026.

The Special Government Pleader submitted that the proposed medical college is necessary and that the approval process should be expedited if all statutory conditions are met. The court recorded the submission and noted that the State would take a decision preferably within four weeks, subject to compliance with regulatory norms.

The court subsequently disposed of the petition.

To view the court order, click on the link below:

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