IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
Friday, the 27th day of December 2024 / 6th pousha, 1946
WA NO. 2158 OF 2024
AGAINST JUDGMENT DATED 18/12/2024 IN WP(C) 39195/2024 OF THIS COURT
APPELLANT(S)/PETITIONERS

1. DR NEHA MARIAM GEORGE AGED 27 YEARS D/O GEORGE THOMAS, VETTUVAZHI

PUTHENPURAYIL, MEEMPARA P.O., PUTHENCRUZ, ERNAKULAM DISTRICT, PIN -
682308
2. DR PRANAV MANIKANDAN AGED 30 YEARS S/O MANIKANDAN M., 5F, SOWPARNIKA
PROMENADE SQUARE, POONTHI ROAD, KUMARAPURAM P.O.,
THIRUVANANTHAPURAM, PIN - 695011
3. DR PRANAV R. KALATHUMGAL AGED 27 YEARS S/O DR K.N. REMESH,
KALATHUMGAL HOUSE, KACHERIPADY, N. PARAVUR, ERNAKULAM DISTRICT, PIN
- 683513
4. DR AMALA U.S AGED 32 YEARS D/O G. STEPHEN, PUTHENVEEDU,
CHENKOTTUKONAM, CHEMPAZHANTHY P.O., THIRUVANANTHAPURAM, PIN - 695587
5. DR ANASWARA D.U AGED 29 YEARS D/O DASAPPAN N., ANCHALPURAVILA VEEDU,
PARASUVAIKKAL P.O., THIRUVANANTHAPURAM, PIN - 695508
6. DR NISHEED AUBID AGED 29 YEARS S/O A. AUBID, HOUSE NO. 11, PPS NAYAR
HOUSING COLONY, KADAPPURAM ROAD, AZHIKODE, KANNUR, PIN - 670009
7. DR LAKSHMI K AGED 30 YEARS D/O CHANDRASEKARAN, KARTHIKA, THEKKE
VELLAYIL, UDAYANAPURAM P.O., VAIKOM, KOTTYAM, PIN - 680143
8. DR ANURAG T. ALOSYOUS AGED 31 YEARS S/O ALOSYOUS T., VILLA NO. 12,
PALMBAY VILLAS, AQUACITY, ALANGAD P.O., KARUMALLOOR, ERNAKULAM
DISTRICT, PIN - 683511
9. DR SHARMEELA E.M., AGED 29 YEARS D/O E.H. MUHAMMED SADIK, H. NO.
298/F, EDAMANA HOUSE, VELLAPARAMB ROAD, PANANGAD P.O., MADAVANA,
KOCHI, PIN - 682506
10. DR AYISHA NISHARA K.L AGED 28 YEARS W/O MAZAHIR B. HAROON, ALISHA
MAHAL, KIZHAKKEKARA, NEAR N.G.O. QUARTERS, TRIKKAKARA P.O., KOCHI,
PIN - 682021
11. DR REMYA T.K. AGED 40 YEARS D/O RETHNAKARAN V.K., LAKSHMI, NEW MAHE
P.O., MAHE, PIN - 673311
12. DR MELITA H., AGED 29 YEARS D/O HAMSINGH OLIVER, P.O.KOWDIAR,
THIRUVANANTHAPURAM, PIN - 695003
13. DR ANJANA SURESH AGED 30 YEARS D/O SURESH KUMAR D., NANDANAM,
CHORODE P.O., VADAKARA, KOZHIKODE, PIN - 673106
14. DR JAZLA MOHAMMED IQUBAL AGED 30 YEARS D/O MOHAMMED IQUBAL, RESIDNG
AT K. KANDI, KUTTIADY, KOZHIKODE DISTRICT, PIN - 673508
15. DR. NIETZSCHE M AGED 40 YEARS S/O. MARCELIN, NEW DALE, MANGAD P.O.,
KOLLAM, PIN - 691015
16. DR B.S. AHALLYA AGED 27 YEARS D/O BHASI K., GOVINDAM, ALTHARAMOODU,
KADAKKAL P.O., KOLLAM, PIN - 691586
17. DR AMRUTHA P AGED 30 YEARS D/O K. PRAMOD KUMAR, ‘AMRUTHAM’
(KOTAKKOT), ZAMORIN GURUVAYURAPPAN COLLEGE P.O., MATHARA, KOZHIKODE,
 PIN - 673014
18. DR SOUMYA BABY AGED 29 YEARS D/O BABY T.M., THOKKANAL HOUSE,
NEDUNGAPRA P.O., PAYYAL, ERNAKULAM DISTRICT, PIN - 683545
19. DR SANILA K.H., AGED 31 YEARS D/O HARILAL K.V., KUNNATH HOUSE,
ALAPPAD P.O., THRISSUR, PIN - 680641
20. DR RAJALAKSHMI A AGED 35 YEARS W/O DR DIPIN MANI, VALIYAPURAIKAL
HOUSE, PALAKUNNU, KOONTHALLOOR P.O., CHIRAYINKEEZHU,
THIRUVANANTHAPURAM, PIN - 695303
21. DR VAISHNAJA S. AGED 28 YEARS D/O DR SURESH K.J., KARAYIL THADATHIL,
CHERUKULANJI P.O., RANNY, PATHANAMTHITTA, PIN - 689673
22. DR SOORYA K., AGED 28 YEARS D/O MOHANAN K.T., KUNNAPPALLI HOUSE,
CHEMBRASSERI P.O., PANAIKKAD, MALAPPURAM, PIN - 676521
23. DR TINKU EDWINA R. AGED 37 YEARS D/O D. EDWIN JAYA RAJ, GRAMODAYAM,
ADUMANCADU, PARASUVAIKKAL P.O., PARASSALA, THIRUVANANTHAPURAM, PIN -
695508
24. DR GEETHU ELSA JOSEPH AGED 27 YEARS D/O JOSEPH CHERIAN, DHANA, TC
NO. 10/2392-2, ADITHYA LANE, KERALADITHYAPURAM, POWDIKONAM P.O.,
THIRUVANANTHAPURAM, PIN - 695588
25. DR JENEFER BILVI THOMAS AGED 30 YEARS D/O BILVI THOMAS, BTS
BUILDING, PERUMKULAM P.O., THOPPICHANTHA, ATTINGAL,
THIRUVANANTHAPURM, PIN - 695102
26. DR NIHAS CEETHEERAKATH AGED 39 YEARS S/O S. ABDUL RASHEED, ‘NIHA’
PEKKADAM ROAD, TRIKARIPUR, KASARGOD, PIN - 671310

BY.ADV.GEORGE POONTHOTTAM (SR.) AND ADV. NISHA GEORGE

RESPONDENT(S)/RESPONDENTS

1. THE NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8, DWARAKA, PHASE-

I, NEW DELHI, REPRESENTED BY ITS DIRECTOR, PIN - 110077
2. THE KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE P.O.,
MULANKUNNATHUKAVU, THRISSUR, REPRESENTED BY ITS REGISTRAR, PIN -
680592
3. THE CONTROLLER OF EXAMINATIONS THE KERALA UNIVERSITY OF HEALTH
SCIENCES, MEDICAL COLLEGE P.O., MULANKUNNATHUKAVU, THRISSUR, PIN -
680592
4. GOVERNMENT MEDICAL COLLEGE NEAR SAT HOSPITAL, MEDICAL COLLEGE
JUNCTION, CHALAKKUZHI, THIRUVANANTHAPURAM, KERALA, REPRESENTED BY
ITS PRINCIPAL, PIN - 695011
5. GOVERNMENT MEDICAL COLLEGE GANDHI NAGAR, KOTTAYAM, REPRESENTED BY
ITS PRINCIPAL, PIN - 686008
6. GOVERNMENT MEDICAL COLLEGE KOZHIKKODE, MEDICAL COLLEGE JUNCTION,
MAVOOR ROAD, KOZHIKKODE, REPRESENTED BY ITS PRINCIPAL, PIN - 673008
7. GOVERNMENT MEDICAL COLLEGE PARIYARAM MEDICAL COLLEGE P.O., KANNUR,
REPRESENTED BY ITS PRINCIPAL, PIN - 670503
8. GOVERNMENT TD MEDICAL COLLEGE HOSPITAL VANDANAM, ALAPPUZHA,
REPRESENTED BY ITS PRINCIPAL, PIN - 688005
9. DR. SMCSI MEDICAL COLLEGE KARAKKONAM, PARASSALA VELLARADA ROAD,
KARAKONAM P.O, THIRUVANANTHAPURAM, REPRESENTED BY ITS PRINCIPAL, PIN
- 695504
 10. MES ACADEMY OF MEDICAL SCIENCES VALANCHERY - NILAMBUR ROAD,
PALACHODE POST, MALAPARAMBA, PERINTHALMANNA, KOLATHUR, MALAPPURAM,
REPRESENTED BY ITS PRINCIPAL, PIN - 679321
11. TRAVANCORE MEDICITY MEDICAL COLLEGE TRAVANCORE MEDICAL COLLEGE
HOSPITAL, N.H BYPASS, MYLAPORE, THATTAMALA, P. O, KOLLAM,
REPRESENTED BY ITS PRINCIPAL, PIN - 691020

BY ADV.K.S.PRENJITH KUMAR FOR R1

SRI.P.SREEKUMAR (SR.)AND ADV.BINNY THOMAS FOR R2 AND R3

GOVERNMENT PLEADER FOR R4 TO R8

Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment dated 18.12.2024 in W.P.(C) No.
39195 of 2024 passed by this Hon'ble Court and to allow the appellants,
who are having 751 days of attendance as required in Exhibit-P7, to
register for the Medical PG Degree Regular Examinations, 2021 Admission,
scheduled as per Exhibit P13 noticication.

This Writ appeal coming on for orders on 27/12/2024 upon perusing

the appeal memorandum, the court on the same day passed the following:
 EXHIBIT P7: A TRUE COPY OF THE PUBLIC NOTICE DATED 10.04.2024 ISSUED
BY THE 1ST RESPONDENT.

EXHIBIT P13: A TRUE COPY OF THE NOTIFICATION BEARING

NO.21282/2024/EX MED A1/KUHS (1) DATED 10.12.2024 ISSUED BY THE 2ND
RESPONDENT UNIVERSITY.

EXHIBIT P10(a): TRUE COPY OF THE CIRCULAR NO,16367/2024/ACI/

MED/A3/KUHS DATED 22.05.2024 ISSUED BY THE 2ND RESPONDENT.
WA.Nos.2159 OF 2024, 2166 OF 2024, 2164 OF 2024,
2167 OF 2024 & 2158 OF 2024

DR.KAUSER EDAPPAGATH, J.
&
BASANT BALAJI, J.
------------------------------------
WA.Nos.2159 OF 2024, 2166 OF 2024,
2164 OF 2024,
2167 OF 2024 & 2158 OF 2024
--------------------------------
Dated this the 27th day of December, 2024

ORDER

Basant Balaji, J.

The appellants are Doctors undergoing post graduate courses

in various medical colleges in the State. The Writ Petitions were

filed to issue a writ of certiorari calling for records leading to

Ext.P10(a) Circular issued by Kerala University of Health Sciences

to the extent it insists at least 80% attendance in the final year to

satisfy the requirement of attendance to appear for the University

exams and to quash the same, whereby the appellants herein are not

permitted to appear for the Medical Post Graduate Degree

Examinations to be conducted during January 2025, on the ground

that they do not have the minimum mandatory 80% attendance in the

final year.
 2
WA.Nos.2159 OF 2024, 2166 OF 2024, 2164 OF 2024,
2167 OF 2024 & 2158 OF 2024

2. The senior counsel appearing for the appellants has argued,

pointing out clause 5.5 of the Post Graduate Medical Education

Regulations, 2023 (for short ‘the Regulations, 2023’), wherein the

National Medical Commission has prescribed that in order to appear

for the examination one should have 80% of the attendance.

Thereafter, public notice was issued on 10.4.2024 giving certain

clarifications on the Regulations, 2023, which includes frequently

asked questions and clause 2 prescribes that the total days in 3 year

comes to 1095 days and deducting weekly offs (156 days), the total

working days will be 939. A student will require 80% attendance of

working days (i.e. 751 days of 939 days) for appearing in the

examination. It is also made clear that the period of training will be

extended by the same number of days, for which maternity/ paternity

leave and total excess casual leave, which have been availed in the 3

years. Thereafter, the 2nd respondent issued a notification dated

27.2.2024 and the circular dated 22.5.2024 was issued by the

Academic (Medical) Section, prescribing the eligibility for

 3
WA.Nos.2159 OF 2024, 2166 OF 2024, 2164 OF 2024,
2167 OF 2024 & 2158 OF 2024

appearing in the Examination, whereby a stipulation is introduced by

which the candidate should have at least 80% attendance in the final

year to satisfy the attendance for appearing the University

Examination.

3. The Senior counsel appearing for the appellants has brought

to the notice of this Court, the notification issued by various other

universities in this Country in respect of the same examination,

wherein the stipulation prescribes only for students having 80%

aggregate attendance for entire three years.

4. The senior counsel appearing for the University vehemently

opposes the prayer of the appellants and submits that the attendance

shall be calculated for each year, based on the date of

commencement of classes for that batch and the total leaves availed

by the candidate. The attendance of the 1st year shall be calculated

from the date of joining the course and commencement of training

and for 2nd and final year, it shall be calculated from the date of

promotion to respective years. It is also submitted that the candidate

 4
WA.Nos.2159 OF 2024, 2166 OF 2024, 2164 OF 2024,
2167 OF 2024 & 2158 OF 2024

has to complete 36 months course, to be eligible to appear for the

final year examinations.

5. The larger question to be decided in this Writ Appeal is

whether the University has the power under Sections 5 and 6 of the

Kerala University of Health Science, 2010 to incorporate a

stipulation that the students need to have 80% attendance for final

year. For that the pleadings of the respective respondents are to be

brought on record.

6. From the perusal of Ext.P13, it can be seen that the last day

of registration of examination and online submission of attendance

is to end on 31.12.2024 without fine.

7. Having heard the senior counsel appearing for the appellants

as well as the senior counsel appearing for the respondents, we are

prima facie satisfied that the appellants are entitled for an interim

order. Therefore, the following directions are issued:

(i) The 1st respondent is directed to accept the online

registration of Final Year PG Examinations and online

 5
WA.Nos.2159 OF 2024, 2166 OF 2024, 2164 OF 2024,
2167 OF 2024 & 2158 OF 2024

submission of attendance of the appellants herein

provisionally, subject to the stipulation that all the students

should have attendance 751 days in aggregate for the 3

years as on the date of registration (31.12.2024).

(ii) Mere acceptance of the registration of examinations

will not give the appellants a vested right to appear for the

examination and will be subject to the result of the Writ

Appeal.

Post for final hearing on 06.01.2025. The pleadings shall be

completed by then.

Sd/-

DR.KAUSER EDAPPAGATH,
JUDGE

Sd/-
BASANT BALAJI,
JUDGE

Saap/dl

27-12-2024 /True Copy/ Assistant Registrar