IMPORTANT POINT
A university can impose higher attendance requirements than those set by the National Medical Commission, ensuring educational quality without legal infringement.

JUDGMENT :

N. NAGARESH, J.

1. The petitioners, who are undergoing Final Year Medical PG Course, seek to command the respondents to permit the petitioners to pay the PG examination fee for examination scheduled during December, 2024 to January, 2025. The petitioners also seek to invalidate Circular dated 22.05.2024 of the 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 examinations.

2. The respondents and exhibits are referred to in this judgment as they are arrayed/marked in W.P. (C) No. 39195/2024, for convenience.

3. The petitioners are Doctors, who were given admission for Post Graduate Courses in various Medical Colleges in the State in April-May, 2022. The petitioners are not permitted to appear in the Medical PG Degree examinations on the ground that they have not secured the mandatory 80% attendance as prescribed by the National Medical Commission.

4. The petitioners state that from the Academic Year 2021-2022 onwards the competent authority had decided to conduct four rounds of all India quota counselling for NEET - Undergraduate and Post Graduate as per the modified Scheme. The said Scheme was under consideration of the Hon’ble Apex Court in SLP (C) No. 10487/2021. The Special Leave Petition was disposed of as per order dated 16.12.2021.

5. The National Medical Commission issued Notification dated 11.01.2022 stating that academic session for the broad specialty courses for the year 2021 shall commence from 01.02.2022. The Mop up round for admissions was subject matter of W.P. (C) No. 174/2022 of the Apex Court. Pursuant to an interim order dated 30.03.2022, the NEET PG counselling 2021 was put on hold by the Director General of Health Services. By order dated 31.03.2022, the Apex Court directed to conduct a fresh Mop up round for AIQ seats.

6. The petitioners state that the Mop up round was conducted in the third week of April, 2022. Consequently, the petitioners took admission in the month of April-May, 2022 and joined classes. The petitioners are not at fault for the delay that was caused for the admission. The National Medical Commission published the Post Graduate Medical Educations Regulations, 2023 (PGMER, 2023) as per Notification dated 29.12.2023. Clause 5.5 which related to the leave rules for Post Graduate students provided that one shall be able to appear in the examination if one has 80% of the attendance.

7. The Public Notice F. No. N-PO16(11)/2/2023-PGMEB-NMC dated 10.04.2024 issued by the National Medical Commission stated that total days in a Three Year Course will be 1095 days and the total working days will be 939 days. A student will require 80% attendance of working days (751 days) for appearing in the examination. It is therefore evident that a student pursuing the Post Graduate Course will require attendance of a minimum of 751 days, so as to appear for the examination. The petitioners would submit that the said requirement of 80% attendance (751 days) is for the entire duration of the Course.

8. The Kerala University of Health Sciences issued Circular No. 21282/2024/Ex Med A1/KUHS dated 25.07.2024 for the conduct of Medical PG Degree examinations for 2021 admissions, from 27.01.2025 onwards. The final examination is to be completed by 31.01.2025. The petitioners state that if the examinations are conducted as per the current schedule prescribed by the University in Circular dated 25.07.2024, the petitioners will not be in a position to obtain 80% attendance to appear in the examinations. This is solely because of the delay in counselling and the admissions thereafter.

9. By Ext.P10(a) Circular No. 16367/2024/AC1/MED/A3/KUHS dated 22.05.2024, the University insisted 80% attendance in the Final Year. The petitioners state that this is in deviation from the guidelines issued by the National Medical Commission, which guidelines are followed by all other Medical Universities in the coun