Kerala High Court
Dr. Fidha A vs The National Medical Commission on 4 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:57927
W.P.(C) No.23530/2025
:1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WP(C) NO. 23530 OF 2025
PETITIONERS:
1 DR. FIDHA A.,
AGED 24 YEARS,
D/O A MOHAMMED IQBAL,
RESIDING IN THE ADDRESS FASNA COTTAGE,
POOKKOOTTUR PO,
MALAPPURAM DISTRICT, PIN - 676517
2 DR. ATHIRA RAVI,
AGED 22 YEARS,
D/O RAVI KUMAR KC, RESIDING AT KELANCHIRANGARA
HOUSE, VENGOLA PO, PULIYAMPILLY, PERUMBAVUR,
ERNAKULAM DISTRICT, PIN - 683556
3 DR. AMINA NAZEER,
AGED 22 YEARS,
D/O K K MOHAMMED NAZEER, RESIDING AT AMINA
MANZIL, NADACKAL P O, ERATTUPETTA,
KOTTAYAM DISTRICT, PIN - 686121
BY ADVS.
SHRI.G.SREEKUMAR (CHELUR)
SHRI.BINNY THOMAS, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
SHRI.P.SREEKUMAR (SR.)
RESPONDENTS:
1 THE NATIONAL MEDICAL COMMISSION,
POCKET - 14, SECTOR - 8, DWARKA,
PHASE - 1, NEW DELHI,
REPRESENTED BY ITS DIRECTOR, PIN - 110077
2025:KER:57927
W.P.(C) No.23530/2025
:2:
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P O, MULANKUNNATHUKAVU,
THRISSUR DISTRICT,
REPRESENTED BY ITS REGISTRAR, PIN - 680592
3 THE CONTROLLER OF EXAMINATIONS,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE PO, MULANKUNNATHUKAVU,
THRISSUR DISTRICT,
REPRESENTED BY ITS REGISTRAR, PIN - 680592
4 THE BELIEVERS CHURCH MEDICAL COLLEGE HOSPITAL
REPRESENTED BY ITS PRINCIPAL,
ST THOMAS NAGAR, KUTTAPUZHA,
THIRUVALLA, PIN - 689103
5 THE GOVERNMENT MEDICAL COLLEGE,
THIRUVANANTHAPURAM,
ULLUR-AKKULAM ROAD JUNCTION,
NEAR SAT HOSPITAL,
THIRUVANANTHAPURAM, PIN - 695011
6 THE GOVERNMENT MEDICAL COLLEGE
KANNUR, REPRESENTED BY THE PRINCIPAL,
CAMPUS ROAD, PARIYARAM,
KANNUR, PIN - 670503
BY ADVS.
SRI.K.S.PRENJITH KUMAR, SC, NATIONAL MEDICAL
COMMISSION
SRI.TONY GEORGE KANNANTHANAM
SRI.THOMAS GEORGE
SRI.AJITH GEORGE KOOLA
SRI.KURIAN GEORGE KANNANTHANAM
SMT.HELEN JUDE
SRI.RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:57927
W.P.(C) No.23530/2025
:3:
JUDGMENT
Dated this the 4th day of August, 2025 The 1st petitioner is a person undergoing final year Postgraduation Medical Education in the 4 th respondent- Institution. The 2nd petitioner is having her Postgraduation in the 5th respondent-Institution and the 3rd petitioner in the 6th respondent-Institution. This Court has already held that as far as attendance of students is concerned, during the three years, there should be an aggregate of 80% attendance and every year 80% separate attendance is not mandatory. Still, respondents 4 to 6 Institutions are not permitting the final year students to write the examinations. It is seeking directions and to extend the benefit of the judgments of this Court that this writ petition is filed.
2. I have heard the learned counsel for the petitioners, respective Standing Counsel representing 2025:KER:57927 W.P.(C) No.23530/2025 :4: respondents 1 to 3, the learned counsel representing the 4 th respondent and the learned Government Pleader representing respondents 5 and 6.
3. The dispute involved is regarding the requirement of percentage of attendance for the Medical PG Courses. The issue is covered by a Division Bench judgment of this Court in Ext.P6. The said judgment has been followed by this Court in Ext.P7 judgment also. As the issue is covered and as this Court has held that 80% attendance requirement is in respect of the three years of the Course as aggregate, the respondents are bound to follow Ext.P6 judgment.
In the circumstances, the writ petition is disposed of directing the respondents to follow Exts.P6 and P7 judgments in the matter of attendance in Medical PG Course of the petitioners.
Sd/-
N. NAGARESH JUDGE SR 2025:KER:57927 W.P.(C) No.23530/2025 :5: APPENDIX OF WP(C) 23530/2025 PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCES TO THE 1ST PETITIONER DATED 20.04.2017 Exhibit P2 1.TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE TRAVANCORE - COCHIN COUNCIL OF MODERN MEDICINE ISSUED TO THE 1ST PETITIONER DATED 07.11.2016 Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR DATED 28.04.2018 Exhibit P4 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE TRAVANCORE - COCHIN COUNCIL OF MODERN MEDICINE ISSUED TO THE 2ND PETITIONER DATED 16.12.2017 Exhibit P5 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE TRAVANCORE - COCHIN COUNCIL OF MODERN MEDICINE ISSUED TO THE 3RD PETITIONER DATED 11.12.2018 Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WRIT APPEAL NO. 2158 OF 2024 AND THE CONNECTED CASES DATED 10.04.2025 Exhibit P7 TRUE COPY OF THE JUDGMENT BY THIS HON'BLE COURT IN W P C NO. 12510 OF 2025 AND CONNECTED CASES DATED 03.06.2025 Exhibit P8 TRUE COPY OF THE TABULATED STATEMENT SHOWING THE PERCENTAGE OF ATTENDANCE SECURED BY EACH PETITIONER DATED - NIL Exhibit P9 TRUE COPY OF COPY OF AUTHORISATION LETTER ISSUED BY THE HEAD OF THE DEPARTMENT TO THE 1ST PETITIONER DATED -
7-07-2025 Exhibit P10 TRUE COPY OF COPY OF AUTHORISATION LETTER ISSUED BY THE HEAD OF THE DEPARTMENT TO THE 2ND PETITIONER DATED 8-7-2025 2025:KER:57927 W.P.(C) No.23530/2025 :6: Exhibit P11 TRUE COPY OF COPY OF AUTHORISATION LETTER ISSUED BY THE HEAD OF THE DEPARTMENT TO THE 3RD PETITIONER DATED - 8-07-2025.