Decide Representation For Establishment Of AIIMS At Kochi Instead Of Kozhikode: Kerala High Court To Govt

A division comprising Chief Justice A. J. Desai and Justice V. G. Arun observed thus:

“It would be open for the petitioners to make a representation to the concerned authority for establishing AIIMS at Kochi. If such representation is made, the respondent authority shall consider the same, at the earliest, and the decision of the authority shall be forwarded to the petitioners.”

The counsel for the petitioners submitted that in the year 2003, the Central Government announced PMSSY with a two-fold objective, firstly, setting up of AIIMS and secondly, upgradation of existing government medical colleges. It was further submitted that under PMSSY, twenty-two AIIMS have been sanctioned, and one of it was sanctioned in Kerala. The petitioners contend that state government was required to suggest an appropriate location for the establishment of AIIMS in Kerala, and that four locations were identified. The petitioners alleged that out of the four locations, the State government has chosen Kinaloor in Kozhikode district for establishment of AIIMS in Kerala, without assigning any reasons.

The petitioners submitted that they have conducted an analysis by using various parameters such as accessibility, non-availability of governmental health care facilities nearby etc. for identifying the most suitable location for establishment of AIIMS in Kerala. Based on the study conducted by them, the petitioners have identified Kochi as the most ideal location for establishing AIIMS.

“Kochi, despite being the largest city in Kerala and one of the most developed tier two cities in the country, lacks the deserving government health care facility, without even one super specialty health care establishment in the Government sector, forcing the residents of Kochi to rely upon private sector health care providers, incurring huge expenses. The establishment of AIIMS in Kochi would, according to the petitioners, cater to a governmental health care needs of the citizens of Kochi as well as accessibility of the citizens from southern and northern tip of Kerala.”, the plea stated.

The Court found that the Ministry of Health and Family Welfare has not approved the proposal for establishment of AIIMS in the State of Kerala in the current phase of PMSSY. It also noted that the Central Government has taken upon the task of upgradation of four government medical colleges in the state by constructing Super Speciality blocks.

The division bench stated that the petitioners have not submitted representations before concerned authorities after discussions took place in the Parliament on July 21, 2023 regarding identification of locations for establishing AIIMS in Kerala.

“On a query put to the learned Advocate for the petitioners, he submitted that after the issuance of proceedings dated 21.07.2023, no representation/request has been made by the petitioners, seeking the establishment of AIIMS at Kochi.”

It thus permitted the petitioners to submit representations before concerned authorities for establishing AIIMS at Kochi.

The petitioners were represented by Advocates Sunil Jacob Jose and Sayipriya S.

Citation: 2023 LiveLaw (Ker) 454

Case name: Adv. Richard Rajesh Kumar V Union of India

Citation: 2023 LiveLaw (Ker) 454

Case number: WP(C) NO. 28905 Of 2023

Counsel for the petitioners: Advocates Sunil Jacob Jose And Sayipriya S.

Counsel for the respondents: Deputy Solicitor General of India Manu S, Senior Government Pleader K P Harish

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