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
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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
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W.P.(C) No.23530/2025
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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:
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W.P.(C) No.23530/2025
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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
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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
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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
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Exhibit P11 TRUE COPY OF COPY OF AUTHORISATION
LETTER ISSUED BY THE HEAD OF THE
DEPARTMENT TO THE 3RD PETITIONER DATED -
8-07-2025.
