Kerala High Court
Nabina Nazeeer vs State Of Kerala on 15 September, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:68064
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947
WP(C) NO. 32117 OF 2024
PETITIONERS:
1 NABINA NAZEEER
AGED 26 YEARS
MANNATH HOUSE, DERPPAKKADU,AYIRAKUZHI P O,
CHITHARA,KOLLAM, PIN - 691559
2 JERIN PALLIKUNNEL THOMAS
AGED 26 YEARS
S/O JOBY P MATHEW,PALLIKUNNEL HOUSE,
MUTTAMBAKLAM P O,KOTTAYAM, PIN - 686004
3 BRIJITYA LUCKY ANISHA Y N
AGED 26 YEARS
D/O YESUDASAN C,GRACE VILLA ,BABU
ROAD,KAIVANVILLA,KANJIRAMKULAM P O,
THIRUVANANTHAPURAM, PIN - 695524
4 HYMA BIJU
AGED 26 YEARS
D/O BIJU PM PUTHENTHARA HOUSE MUKKOTTUTHARA P.O
KOLLAMULA PATHANAMTHITTA, PIN - 686511
5 MUHAMMED UNASIS
AGED 26 YEARS
S/O DILSHAD M UNAIS NIVAS , PLAKKODE MITHURMALA P.O,
KALLARA THIRUVANATHAPURAM, PIN - 695610
6 PREETHY EBENEZER
AGED 28 YEARS
D/O GEORGE , EBENEZER HOUSE , CHURCH LANE KALLAYAM
THIRUVANATHAPURAM, PIN - 695043
7 SOURABH AJITH KUMAR NAIR
AGED 27 YEARS
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S/O AJITHKUMAR K P CHANDNI, MERA 44,
MANNANTHALA NALANCHIRA P.O THIRUVANATHAPURAM,
PIN - 695015
8 JYOTHILAKSHMI NARESHKUMAR RAJA
AGED 26 YEARS
D/O NARESHKUMAR RAJA NILACKAL HOUSE PENNUKKARA
P.O CHENGANNUR, ALAPPUZHA, PIN - 689520
9 JENMESH MOHAN
AGED 35 YEARS
S/O JAYAMOHANAN K JENMESH BHAVAN KAKKODU P.O
PUNALUR ,KOLLAM, PIN - 691331
10 JESBIN CLEETUS
AGED 26 YEARS
S/O CLEETUS K P MUKKATH(H), KOONAMMAVU P.O
ERANAKULAM, PIN - 683518
11 ELNA MADAVANAKKAD JOY
AGED 26 YEARS
D/O D M JOY MADAVANKKAD HOUSE KAITHARAM P.O
NORTH PARAVUR ERANAKULAM, PIN - 683513
12 BENHER ZACHARIAH
AGED 29 YEARS
S/O ABRAHAM ZACHARIAH MECHERUPARAMBIL
THIRUVANVANDOOR P.O THIRUVALLA, PIN - 689109
13 ANU LEKHA REJI
AGED 27 YEARS
D/O S REJI RI BHAVAN , CHOORAKUZHI ARIYA P.O
PARASHALA , THIRUVANATHAPURAM, PIN - 695502
14 DHANALEKSHMI BIJUGOPINATH
AGED 26 YEARS
D/O BIJUGOPINATH LEKSHMI, ELAMPALLOOR KUNADARA
P.O KOLLAM, PIN - 691501
15 MIDHUN MATHEW
AGED 26 YEARS
S/O MATHEW OONNUKALLEL HOUSE MODAPOIKA (PO),
PALAD , MALAPPURAM, PIN - 679331
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16 ALBERT KOCHUPURAKKAL JOSEPH
AGED 26 YEARS
S/O JOSEPH K T KOCHUPURAKKAL HOUSE
KUMARANELLUR P.O THIRSSUR, PIN - 679552
17 LITTEY PAUL
AGED 26 YEARS
D/O PAUL JOSEPH KANDATHIL HOUSE KAROOR P.O
PALA, KOTTAYAM, PIN - 686574
18 AKSHAY SANTHOSH
AGED 27 YEARS
S/O SANTHOSH C V CHENKILATHU HOUSE ,
P C KAVALA P.O , PAIPPAD,
KOTTAYAM, PIN - 686537
19 AMAR ALI PARAPPARA
AGED 26 YEARS
S/O SIDDIKH PARAPPARA PARAPPARA HOUSE CHELLUR ,
PAZHOOR P.O MALAPPURAM, PIN - 679571
20 AKHILA T.S
AGED 26 YEARS
D/O SEBASTIAN .Y THEKEKKARA PUTHEN VEEDU
MADATHIKONAM ,VEERNAKAVU P.O THIRUVANATHAPURAM,
PIN - 695572
21 JUSTIN MUTHALALI
AGED 26 YEARS
S/O KUNJU MATHUNNI MUTHALALI P.M PANDALAYIL K M
HOUSE , VETTIKAVALA P.O , KOTTARAKKARA ,
KOLLAM, PIN - 691538
22 MUHAMMED FAVAZ LALEELAKATH
AGED 26 YEARS
S/O ABDUL RAHIM POLARAKATH FAIZAL MAHAL, TEMPLE
ROAD P.O CHELERI, KANNUR, PIN - 670604
23 AKSHARA RENJITH
AGED 26 YEARS
D/O RENJITH R D6 HINDALCO SOUTH BLOCK
QUARTERS , KUTTIKKATTUKARA P.O , UDYOGAMADAL ,
ERANAKULAM,
PIN - 683501
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24 GITHAMOL MENACHERY
AGED 26 YEARS
D/O BABU J MENACHERY MENACHERY HOUSE ,
VALLUVALLY , MILLUPADY, KOONAMMAVU P.O
ERANAKULAM, PIN - 683518
25 ADARSH AKKARA
AGED 27 YEARS
S/O VARGHESE A ABRAHAM AKKARA HOUSE ,
PURANATTUKARA P.O THRISSUR, PIN - 680551
26 JOHN ALEN A
AGED 26 YEARS
S/O ALENRAJ VINCENT GOMES JOHN'S VILLA ,
STATIONKADAVU KAZHAKKOOTTAM THIRUVANATHAPURAM,
PIN - 695582
27 SARAVANAN. A
AGED 27 YEARS
S/O AJAYAKUMAR B SARAVANA MADAM PADA NOTH
KARUNAGAPALLY KOLLAM, PIN - 690518
BY ADVS.
SMT. PARVATHI MENON, A.
SRI.V.I.RAHUL
SHRI.YEDU KRISHNAN R.
SMT.SHIFA LATHEEF
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTEMENT OF HEALTH &FAMILY WELFARE,
GOVERNMENT SECRETARIAT.THIRUVANANTHAPURAM,
PIN - 695001
2 NATIONAL MEDICAL COMMISSION
NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS
SECRETARY , POCKET - 14 , SECTOR - 8 ,
DWARKA PHASE -1 , NEW DELHI, PIN - 110077
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3 KERALA STATE MEDICAL COUNCILS
REPRESENTED BY ITS REGISTRAR ,
COMBINED COUNCIL BUILDING , RED CROSS ROAD ,
THIRUVANATHAPURAM, PIN - 695035
4 THE DIRECTOR OF MEDICAL EDUCATION
KERALA DIRECTORATE OF MEDICAL EDUCATION ,
MEDICAL COLLEGE P. O THIRUVANATHAPURAM,
PIN - 695011
5 DIRECTOR OF HEALTH SERVICES
DIRECTORATE OF HEALTH SERVICES ,
GENERAL HOSPITAL JUNCTION THIRUVANATHAPURAM,
PIN - 695035
* ADDL.6 THE NATIONAL BOARD OF EXAMINATIONS IN MEDICAL
SCIENCES,
REPRESENTED BY ITS EXECUTIVE DIRECTOR, MEDICAL
ENCLAVE, ANSARI NAGAR, MAHATMA GANDHI MARG,
RING ROAD, NEW DELHI, DELHI - 110029
(ADDITIONAL 6TH RESPONDENT IS IMPLEADED AS PER
ORDER DATED 25-04-2025 IN IA NO.4/2025 IN WPC
NO.32117/2024)
BY ADVS.
SHRI.K.S.PRENJITH KUMAR, SC, NATIONAL MEDICAL
COMMISSION
SHRI.VIVEK MENON
SRI.P.G.PRAMOD, SENIOR GOVERNMENT PLEADER
SRI.T.SANJAY
SRI.N.RAGHURAJ (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
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W.P.(C) No.32117 of 2024
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Dated this the 15th day of September, 2025
JUDGMENT
~~~~~~~~~
The petitioners are Foreign Medical
Graduates, who completed their medical education at
Bukovinian State Medical University, Ukraine during 2016-
2020. The petitioners passed National Medical Commission
screening test.
2. The 1st petitioner completed one year
Compulsory Rotational Medical Internship (CRMI) and
petitioners 2 to 24 are undergoing their internships. Due to
Covid-19 pandemic and the Ukraine War, the National
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Medical Commission required the Foreign Medical
Graduates, who attended online classes, to complete a two
year CRMI. The National Medical Commission later reduced
the internship period to one year for those students who have
sufficiently compensated classes in physical onsite in lieu of
the online classes and subsequently passed examination
equivalent to MBBS in India.
3. The petitioners state that they attended
physical classes throughout their course and did not face
significant academic challenges due to the Covid-19
pandemic or the Ukraine War. The petitioners completed
theoretical and practical training through offline mode.
4. The petitioners state that other batchmates
of the petitioners had already completed their internship.
However, when the petitioners approached the 3rd
respondent-Kerala State Medical Council, the 3rd respondent
did not respond positively. The petitioners therefore seek to
direct the 3rd respondent to reduce the duration of CRMI for
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the petitioners to one year.
5. The 3rd respondent resisted the writ petition.
The 3rd respondent stated that during the course period of the
petitioners (2016-2022), their physical classes were
interrupted due to Covid-19 pandemic and Ukraine War.
After passing the Foreign Medical Graduates Examination,
the petitioners applied for provisional registration with the
Council. The 2nd respondent-National Medical Commission
issued Annexure-R3(a) notice insisting for two years
internship for Foreign Medical Graduates, who had to
undergo online classes during their course study due to
Covid-19 / Ukraine War.
6. During the course period of the petitioners,
physical mode of classes were interrupted. Therefore, they
are bound to undergo two year CRMI. The 3rd respondent-
Council therefore issued certificates of provisional registration
to petitioners 1 to 19 prescribing two year internship as per
Annexure-R3(b).
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7. The 3rd respondent further stated that
petitioners 20 to 27 were initially granted one year clinical
clerkship. After completing the clerkship, they will be issued
with provisional registration for doing one year CRMI.
Petitioners 21, 22 and 24 completed their one year clinical
clerkship and were given provisional registration for one year
CRMI.
8. The National Medical Commission,
considering the representations made by certain Foreign
Medical Graduates that they had undergone physical onsite
classes in lieu of online classes, initially permitted them to
produce letters/certificates from the educational institutions to
the effect that they have undergone physical onsite classes.
Later, the 2nd respondent found that such certificates are
issued by Medical Universities abroad indiscriminately and
such certificates did not reflect the true facts.
9. The National Medical Commission therefore
issued Annexure-R3(d) public notice directing that certificate
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regarding the compensation/supplementation of online theory
subjects/classes with offline practical and clinical training
shall not be accepted. The National Medical Commission
made it clear that Foreign Medical Graduates, who have
attended their classes online for any duration, are required to
qualify the FMG Examination and subsequently undergo
CRMI for a period of two/three years. The petitioners are
therefore bound to complete two year CRMI.
10. I have heard the learned counsel for the
petitioners, the learned Government Pleader representing
respondents 1, 4 and 5 and the respective learned Standing
Counsel appearing for respondents 2, 3 and 6.
11. Ordinarily, the period of Compulsory
Rotational Medical Internship prescribed to medical
graduates is one year. During Covid-19 period and due to
Ukraine War, the National Medical Commission required
Foreign Medical Graduates, who attended online classes, to
complete a two year CRMI as per Circular dated 28.07.2022
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as the students had missed offline classes.
12. Later, the National Medical Commission as
per Ext.P1 notice reduced the internship duration to one year
for those students who have sufficiently compensated classes
in physical onsite in lieu of the online classes and
subsequently passed examination equivalent to MBBS in
India. The petitioners contend that they are entitled to the
benefit of Ext.P1 public notice dated 19.06.2024 and their
CRMI should be limited to one year.
13. The 2nd respondent later found that
certificates are being issued by Medical Universities abroad
indiscriminately which did not reflect the correct factual
situation. The 2nd respondent hence issued Annexure-R3(d)
public notice dated 07.06.2024 directing that certificates
regarding the compensation/supplementation of online theory
subjects / classes with offline, practical and clinical training
shall not be accepted. The 2nd respondent further directed
that FMGs, who have attended their classes online for any
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duration during their classes, are required to qualify the FMG
Examination and subsequently undergo CRMI for a period of
two/three years as mentioned in Circular dated 09.05.2023
and as per public notices uploaded on 07.22.2023.
14. It is based on the subsequent Circulars
issued by the 2nd respondent-NMC that the 3rd respondent
has made it mandatory to insist for two years CRMI to FMGs,
who had secured medical degrees from foreign countries
which were affected by Covid-19 pandemic and Russia-
Ukraine War. It is not in dispute that the petitioners had their
course period when Covid-19 pandemic and Russia-Ukraine
war occurred. The petitioners had admittedly undergone
online classes during their course period. In view of the
specific stand taken by the NMC to the effect that the FMGs,
who have attended their classes online for any duration, are
required to qualify the FMG Examination and undergo CRMI
for two/three years, the 3rd respondent is justified in insisting
for CRMI of a longer duration. The said decision has been
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taken on the basis of larger public interest. The 3rd
respondent has only followed the directions of the NMC.
15. It is further to be noted that the certificate of
provisional registration issued by the 3rd respondent
specifically stated that the certificate is issued for completing
two year internship and that the certificate is valid for two
years from the date of registration. The petitioners have
accepted said certificate of provisional registration. The
petitioners are now trying to circumvent the conditions in the
certificate. In view of the decision taken by the NMC and the
3rd respondent, the petitioners who have undergone online
classes during the course period are bound to complete
CRMI of longer duration.
In the facts of the case, I do not find any
merit in the writ petition. The writ petition is hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/12.09.2025
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APPENDIX OF WP(C) 32117/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY
NATIONAL MEDICAL COUNCIL DATED 19-06-
Exhibit P2 TRUE COPY OF THE COMPENSATION LETTER
DATED 13-03-2023 ISSUED BY THE
BUKOVINIAN UNIVERSITY
Exhibit P3 TRUE COPY OF THE JUDGEMENT ISSUED BY
THE TELANGANA HIGH COURT IN WP
18458/2024 DATED 15-07-2024
Exhibit P4 TRUE COPY OF THE PETITION SEND BY THE
PETITIONERS TO THE THIRD RESPONDENT
DATED 01-09-2024
Exhibit P5 A TRUE COPY OF THE PROVISIONAL
REGISTRATION CERTIFICATE ISSUED TO
KHAN MONIS, A BATCHMATE OF THE
PETITIONERS AT BUKOVINIAN UNIVERSITY,
BY THE OFFICE OF THE MEDICAL COUNCIL,
UTTAR PRADESH, WITH CERTIFICATE NUMBER
117274 DATED 29-07-2024
Exhibit P6 A TRUE COPY OF THE REGISTRATION
CERTIFICATE ISSUED TO KUMARI MANSURI
(MISS) ILMA DAUDBHAI, A BATCH MATE OF
THE PETITIONERS AT BUKOVINIAN
UNIVERSITY, BY THE GUJARAT MEDICAL
COUNCIL, WITH REGISTRATION NO. FMG/G-
91692 DATED 01-08-2024
Exhibit P7 A TRUE COPY OF THE REGISTRATION
CERTIFICATE ISSUED TO DR. AKIN PAUL, A
BATCHMATE OF THE PETITIONERS AT
BUKOVINIAN UNIVERSITY, BY THE
KARNATAKA MEDICAL COUNCIL, WITH
REGISTRATION NO. 177217 DATED 21-08-
Exhibit P8 A TRUE COPY OF THE OFFICER ORDER FROM
SHRI LAL BAHADUR SHASTRI GOVERNMENT
MEDICAL COLLEGE & HOSPITAL, WITH FILE
NO. HFW-MND-SLBSGMC & H (STU, SEC) FMG
INTERNSHIP/2024/-14993 DATED 01-07-
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Exhibit P9 A TRUE COPY OF THE COMPENSATION LETTER
ISSUED BY THE MINISTRY OF PUBLIC
HEALTH OF UKRAINE, BUKOVINIAN STATE
MEDICAL UNIVERSITY, MEDICAL FACULTY
NO. 3, DATED 13-03-2023, WITH FILE NO.
P NO 0P.12/3-485/1, ALONG WITH THE
LIST OF 2022 GRADUATES
Exhibit P10 TRUE COPY OF THE CIRCULAR OF NATIONAL
MEDICAL COUNCIL DATED 10-12-2024 WITH
REF NO N-P050 (20)/40/2024-PGMEB
Exhibit P11 TRUE COPY OF THE NOTIFICATION DATED
16-04-2025 FOR NEET PG EXAMINATION
2025 ISSUED BY THE NATIONAL BOARD OF
EXAMINATIONS IN MEDICAL SCIENCES
Exhibit P12 8. TRUE COPY OF THE NEET PG 2025
INFORMATION BULLETIN ISSUED BY
NATIONAL BOARD OF EXAMINATIONS IN
MEDICAL SCIENCES DATED 16-04-2025
Exhibit P13 TRUE COPY OF THE RTI SUBMITTED ON
BEHALF OF THE PETITIONERS TO THE THIRD
RESPONDENT DATED 27-12-2024
Exhibit P14 TRUE COPY OF THE RTI REPLY BY THE SPIO
OF THE THIRD RESPONDENT DATED 23-01-
Exhibit P15 TRUE COPY OF THE SUBSEQUENT REPLY
DATED 04-02-2025 BY THE SPIO OF THIRD
RESPONDENT TO THE RTI APPLICATION ON
BEHALF OF THE PETITIONERS
Exhibit P16 TRUE COPIES OF THE REQUEST FOR
VERIFICATION EARLIER IN 2023 BY THE
THIRD RESPONDENT TO BUKOVENIAN
UNIVERSITY AND THEIR REPLIES WITH
REGARD TO THE PETITIONERS
RESPONDENT'S ANNEXURES
ANNEXURE R3[a] True photocopy of the Notice bearing
No. NMC/20659 (Legal)/2022/UGMEB dated
28.07.2022 issued by the 2nd
respondent
ANNEXURE R3[b] True photocopy of the Certificate of
provisional registration issued by the
Registrar of the 3rd respondent
Council on 11.08.2023 to the 1st
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petitioner.
ANNEXURE R3[c] True photocopy of the Certificate of
Provisional Registration issued by the
Registrar of the 3rd respondent
Council on 19.04.2025 to the 20th
petitioner.
ANNEXURE R3[d] True photocopy of the Public Notice
bearing No. U-15024/15/2024/UGMEB
dated 07.06.2024 issued by the 2nd
respondent
ANNEXURE R3[e] True photocopy of the Circular dated
09.05.2023 issued by the 2nd
respondent
ANNEXURE R3[f] True photocopy of the Circular dated
07.12.2023 issued by the 2nd
respondent
PETITIONER'S EXHIBITS
Exhibit P17 TRUE COPY OF THE LIST OF ELIGIBLE
CANDIDATES FOR ONLINE COUNSELLING FOR
JANUARY 2025 SESSION WHO HAVE APPLIED
FOR JUNIOR RESIDENTS AT AIIMS NEW
DELHI
Exhibit P18 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION DATED 26-09-2024 ISSUED
TO DR VINAY GOYAL BY DELHI MEDICAL
COUNCIL .
Exhibit P19 TRUE COPY OF THE MEDICAL REGISTRATION
CERTIFICATE DATED 02-08-2024 ISSUED TO
DR SHAGUN BY THE HIMACHAL PRADESH
MEDICAL COUNCIL SHIMLA
Exhibit P20 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION DATED 15-10-2024 ISSUED
TO DR MIHIR SANDEEP DESHPANDE BY GOA
MEDICAL COUNCIL
Exhibit P21 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION DATED 25-01-2025 ISSUED
TO DR TARUN KUMAR NAGDA BY RAJASTHAN
MEDICAL COUNCIL
Exhibit P22 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION DATED 23-08-2024 ISSUED
TO LELE (MISS ) KAVERI NARENDRA BY
GUJARAT MEDICAL COUNCIL
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Exhibit P23 TRUE COPY OF THE NOTICE ALONG WITH THE
RELEVANT PAGE SHOWING THE LIST OF
ADMITTED CANDIDATE LIST UPTO ROUND 3
IN MD.MS.DNB AND DEEMED IN PG 2024
COUNSELLING DATED 07-02-2025 ISSUED BY
DIRECTORATE GENERAL OF HEALTH SERVICES
MEDICAL COUNSELLING COMMITTEE, NIRMAN
BHAVAN, NEW DELHI .
