Kerala High Court
Malavika N.K vs Union Of India on 14 February, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:12450
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 14TH DAY OF FEBRUARY 2025 / 25TH MAGHA, 1946
WP(C) NO. 45593 OF 2024
PETITIONER:
MALAVIKA N.K.,
AGED 23 YEARS,
W/O. HARIPRASAD N.,
MBBS STUDENT,
REGISTRATION NO: 19M2935,
SUBBIAH MEDICAL COLLEGE,
SHIMOGA, KARNATAKA 577 201,
RESIDING AT NANDANAM, MANKAVU,
KOZHIKODE, PIN - 673007
BY ADVS.
SRI.R.SUDHISH
SMT.M.MANJU
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE DIRECTOR
GENERAL OF HEALTH SERVICES,
DIRECTORATE GENERAL OF HEALTH SERVICES,
THE MEDICAL COUNSELING COMMITTEE,
THROUGH OFFICE OF ADG (ME) NIRMAN BHAVAN,
CENTRAL SECRETARIAT,
NEW DELHI, PIN - 110108
2 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
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W.P.(C) No.45593/2024
:2:
*3 THE CHAIRMAN, *[CORRECTED]
POCKET 14, SECTOR 8,
DWARKA PHASE I,
NEW DELHI, PIN 110 077
[THE CHAIRMAN, NATIONAL MEDICAL COMMISSION,
POCKET 14, SECTOR 8, DWARKA PHASE I,
NEW DELHI-110 077].
*(THE NAME AND ADDRESS OF THE 3RD RESPONDENT IS
CORRECTED AS PER ORDER DATED 17.01.2025 IN
I.A.1/2024 IN WPC.45593/2024)].
4 KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR,
REPRESENTED BY ITS REGISTRAR,
PIN - 680596
BY ADVS.
SRI.K.S.PRENJITH KUMAR, SC, NATIONAL MEDICAL
COMMISSION
SRI.BINNY THOMAS
SRI.P.SREEKUMAR, SC (SR.)(K/410/1994)
SMT.ANIMA M., GOVERNMENT PLEADER
SRI.T.C.KRISHNA, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.45593/2024
:3:
JUDGMENT
Dated this the 14th day of February, 2025
The petitioner is an MBBS Graduate, who completed
MBBS from Subbaiah Medical College, Shimoga under the
Rajiv Gandhi University of Health Sciences, Karnataka in the
year 2024. The petitioner seeks to direct the 1 st respondent to
grant No Objection Certificate to the petitioner for completing
her Internship in any Medical College affiliated with the Kerala
University of Health Sciences.
2. The petitioner has completed the MBBS
Course in Subbaiah Medical College, Shimoga, which is
affiliated to the Rajiv Gandhi University of Health Sciences in
Karnataka. After completing the Course in Shimoga, the
petitioner seeks to do the Compulsory Rotating Medical
Internship in Kerala.
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3. The petitioner states that the petitioner is
married and recently given birth to her child and her parents
support her daily needs and child care. The petitioner is a native
of Kerala. The petitioner is suffering from Postpartum
Depression after child birth. Due to her medical condition and
family circumstances, it is not possible for the petitioner to
undertake her mandatory Internship (House Surgency) in the
State of Karnataka. The petitioner, therefore, seeks appropriate
orders from this Court for permitting her to complete the
Internship in Kerala. The petitioner would point out relying on
Ext.P4 that an approved Medical College in Kerala has agreed
to accommodate the petitioner for Internship/House Surgency of
MBBS Course in the Medical College, if any favourable orders
are received from this Court or National Medical Commission.
4. Respective Standing Counsel entered
appearance on behalf of the 3rd and 4th respondents. On behalf
of the respondents, it is submitted that as per the Rules and
Regulations, a student studying in one University cannot be
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permitted to do Internship in another University. The only
exception in this regard was granted to foreign students as per
the Regulations.
5. I have heard the learned counsel for the
petitioner, the learned Deputy Solicitor General of India-in-
Charge appearing for the 1st respondent, respective Standing
Counsel appearing for respondents 3 and 4 and the learned
Government Pleader representing the 2nd respondent.
6. As the Regulations do not permit Compulsory
Rotating Medical Internship in a University other than where a
candidate has undergone studies, this Court will not be justified
in giving any mandatory direction permitting the petitioner to do
Internship in a College in Kerala. However, the fact remains that
the petitioner has serious health problems as she is suffering
from Postpartum Depression and has been diagnosed with
major depressive disorder as confirmed by Ext.P1 medical
certificate. The petitioner is married and has given birth to her
child. The petitioner's parents are the only support to the
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petitioner and her child. In such circumstances, the competent
authority shall consider the request of the petitioner for doing
Compulsory Rotating Medical Internship in a Medical College in
Kerala.
The writ petition is disposed of permitting the petitioner
to file appropriate representation before the President,
Undergraduate Medical Education Board, National Medical
Commission, New Delhi seeking permission to do Compulsory
Rotating Medical Internship in Dr.Moopen's Medical College,
Wayanad, Kerala. The petitioner shall serve a copy of this writ
petition along with copy of this judgment to the President,
Undergraduate Medical Education Board, National Medical
Commission, New Delhi.
Sd/-
N. NAGARESH
JUDGE
SR
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APPENDIX OF WP(C) 45593/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY ASSISTANT PROFESSOR OF
PSYCHIATRY, DR. MOOPEN'S MEDICAL
COLLEGE, MEPPADI, WAYANAD DATED
19.7.2024
Exhibit P2 TRUE COPY OF THE REPRESENTATION
PREFERRED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED NIL
Exhibit P3 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
4TH RESPONDENT DATED 2.8.2024
Exhibit P4 TRUE COPY OF THE NO OBJECTION
CERTIFICATE GRANTED BY THE DR. MOOPENS
MEDICAL COLLEGE, WAYANAD DATED
28/01/2025.
