2025:KER:26940 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 43147 OF 2024 PETITIONERS: 1 DR. SARAVANAN S AGED 44 YEARS S/O.K.N. SHANMUGAM, RESIDING AT STAFF QUARTERS NO. 2, CENTURY INTERNATIONAL INSTITUTE OF DENTAL SCIENCE AND RESEARCH CENTRE, THEKKIL P.O, POINACHI, KASARAGOD DISTRICT, PIN - 671541 2 DR. GANARAJA B AGED 62 YEARS S/O. B.M. SUBRAYA BHAT, RESIDING AT QUARTERS NO. 4, CENTURY INTERNATIONAL INSTITUTE OF DENTAL SCIENCES AND RESEARCH CENTRE, THEKKIL P.O, POINACHI, KASARAGOD, PIN - 671541 3 DR. SUCHITRA S PRABHU AGED 53 YEARS W/O. SUBRAMANYA PRABHU K, SUMATHARA, OPP: SREE KRISHNA TALKIES, MUDHUR ROAD, KASARAGOD, PIN - 671121 4 DR. DEEPA R AGED 47 YEARS W/O. BABIN RAJ, BHARATHAM, ITHIKKARA, CHATHANNOOR P.O, MANEED, KOLLAM, PIN - 671572 2025:KER:26940 WP(C) No.43147 of 2024 2 5 DR. R. VIJAYAKUMAR, AGED 53 YEARS S/O. RAMAN, STAFF QUARTERS NO. 6, MAR BASELIOUS DENTAL COLLEGE CAMPUS, THANKALAM, KOTHAMANGALAM, PIN - 686691 6 DR. SHYAMJITH MANIKKOTH, AGED 42 YEARS S/O. K.P. ANDI, QUARTER NO. 2, ST. GREGORIOS DENTAL COLLEGE CAMPUS, CHELAD, KOTHAMANGALAM, ERNAKULAM, PIN - 686681 BY ADVS. JOHN VARGHESE AYISHA T.S. RESPONDENTS: 1 THE NATIONAL MEDICAL COMMISSION POCKET – 14, SECTOR 8, DWARAKA, PHASE-1, NEW DELHI, REPRESENTED BY ITS DIRECTOR, PIN - 110077 2 THE UNDER GRADUATE MEDICAL EDUCATION BOARD THE NATIONAL MEDICAL COMMISSION, POCKET – 14, SECTOR 8, DWARAKA, PHASE-1, NEW DELHI, REPRESENTED BY ITS CHAIRMAN BY ITS CHAIRMAN, PIN - 110077 3 KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE P.O, THRISSUR, REPRESENTED BY ITS REGISTRAR, PIN - 680596 BY ADVS. SRI. BINNY THOMAS, STANDING COUNSEL SRI. K.S. PRENJITH KUMAR, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26940 WP(C) No.43147 of 2024 3 JUDGMENT Dated this the 28th day of March, 2025 The 1st petitioner is working as Professor and Head of Department of Pharmacology, Century International Institute of Dental Science and Research Centre, Kasaragod. The 2nd petitioner is working as Professor and Head of Department of Physiology, Century International Institute of Dental Science and Research Centre, Kasaragod. The 3rd petitioner is working as Professor and Head of Department of Physiology, Century International Institute of Dental Science and Research Centre. The 4th petitioner is working as Professor and Head of Department of Microbiology, Sreesankara Dental College, Varkala. The 5th petitioner is working as Reader and Head of Department of Physiology, Mar Baselious Dental College, Kothamangalam. The 2025:KER:26940 WP(C) No.43147 of 2024 4 6th petitioner is working as Reader and Head of Department of Pharmacology, St. Gregorious Dental College, Kothamangalam. 2. The petitioners' grievance is against Ext.P5 guidelines formulated by the 1st respondent, with regard to the appointment of Examiners, to which one of the qualifications prescribed is that they must have at least four years of total teaching experience as Assistant Professor after obtaining Post Graduate Degree following MBBS. The challenge in this writ petition is against the said Clause to the extent it included MBBS Degree as one of the essential qualifications. 3. Earlier, when a similar issue came up for consideration in W.P.(C) No.34567 of 2023, respondents 1 and 2 herein filed a statement therein and in paragraph 11 therein, it was averred as follows: 2025:KER:26940 WP(C) No.43147 of 2024 5 “It is respectfully reiterated that the petitioner who had been appointed as Examiners prior to 01.08.2023 i.e the date of publication of Competency Based Medical Education Curriculum Guidelines, 2023, shall be permitted to continue as Examiners in respective departments in the concerned medical colleges. The petitioner in the present petition claim to have been appointed as faculty members in the non-medical departments in the medical colleges in the State of Kerala and while performing their duties as teaching faculty, were also appointed as Examiners. Thus, the petitioners in the present case shall be permitted to continue being appointed as Examiners. The present writ petition be disposed of in the aforesaid terms. It is prayed accordingly.” 4. Thus, in the said statement, the 1st respondent had clarified that if the petitioners were appointed prior to 01.08.2023, which is the date of publication of the Competency Based Medical Curriculum Guidelines, 2023, they shall be permitted to continue as Examiners. On the basis of the said averments, W.P.(C) No.34567 of 2023 was allowed, holding that the petitioners therein, shall be entitled to be appointed as Examiners, if they fall within the 2025:KER:26940 WP(C) No.43147 of 2024 6 category referred to in paragraph 11 of the statement submitted by respondents 1 and 2 in the said writ petition. The petitioners in this writ petition are similarly situated to that of the petitioners in W.P.(C) No.34567 of 2023. In such circumstances, the writ petition is disposed of holding that the petitioners shall be entitled to continue to be appointed as Examiners, if they fall within the category referred to in above extracted portion of the statement submitted by respondents 1 and 2 in W.P.(C) No.34567 of 2023. The respondents are directed to ensure the same. Sd/- N.NAGARESH JUDGE spk 2025:KER:26940 WP(C) No.43147 of 2024 7 APPENDIX OF WP(C) 43147/2024 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE RELEVANT PAGES OF REGULATIONS ON GRADUATE MEDICAL EDUCATION, 1997 (AMENDED UPTO MAY, 2018) DATED 04-03-1997 Exhibit P-2 TRUE COPY OF THE COMMUNICATION NO. MCI-7(9)SG/2019-MED./136(SG) DATED 13- 02-2020 ISSUED BY THE MEDICAL COUNCIL OF INDIA Exhibit P-3 TRUE COPY OF THE RELEVANT PORTION OF THE REGULATIONS ON GRADUATE MEDICAL EDUCATION (AMENDMENT) 2019 DATED 04- 11-2019 OF THE MEDICAL COUNCIL OF INDIA Exhibit P-4 TRUE COPY OF THE RELEVANT PORTION OF THE PUBLIC NOTICE NO. U. 14021/8/2023- UGMED DATED 23-06-2023 ISSUED BY THE NATIONAL MEDICAL COMMISSION Exhibit P-5 TRUE COPY OF THE RELEVANT PORTION OF THE COMMUNICATION NO. U. 14021/8/2023- UGMEB DATED 01-08-2023 OF THE 2ND RESPONDENT Exhibit P-6 TRUE COPY OF THE DEGREE OF DOCTOR OF PHILOSOPHY ISSUED BY UNIVERSITY OF MADRAS DATED 12-11-2007 Exhibit P-7 TRUE COPY OF THE APPOINTMENT LETTER DATED 07-01-2023 ISSUED BY THE 3RD RESPONDENT 2025:KER:26940 WP(C) No.43147 of 2024 8 Exhibit P-8 TRUE COPY OF THE DEGREE OF DOCTOR OF PHILOSOPHY DATED 16-09-1998 ISSUED BY THE MANIPAL ACADEMY OF HIGHER EDUCATION Exhibit P-9 TRUE COPY OF THE APPOINTMENT LETTER DATED 15-02-2022 ISSUED BY THE 3RD RESPONDENT Exhibit P-10 TRUE COPY OF THE DEGREE OF DOCTOR OF PHILOSOPHY DATED 24-01-2015 ISSUED BY YENEPOYA UNIVERSITY, MANGALORE Exhibit P-11 TRUE COPY OF THE APPOINTMENT LETTER DATED 12-04-2023 ISSUED BY THE 3RD RESPONDENT Exhibit P-12 TRUE COPY OF THE DEGREE OF DOCTOR OF PHILOSOPHY DATED 21-10-2017 ISSUED BY YENEPOYA UNIVERSITY, MANGALORE Exhibit P-13 TRUE COPY OF THE APPOINTMENT LETTER DATED 22-07-2022 ISSUED BY THE 3RD RESPONDENT Exhibit P-14 TRUE COPY OF THE DEGREE OF DOCTOR OF PHILOSOPHY DATED 12-08-2008 ISSUED BY THE UNIVERSITY OF MADRAS Exhibit P-15 TRUE COPY OF THE APPOINTMENT LETTER DATED 16-07-2022 ISSUED BY THE 3RD RESPONDENT Exhibit P-16 TRUE COPY OF THE DEGREE OF DOCTOR OF PHILOSOPHY DATED 01-02-2014 ISSUED BY YENEPOYA UNIVERSITY, MANGALORE Exhibit P-17 TRUE COPY OF THE APPOINTMENT LETTER 2025:KER:26940 WP(C) No.43147 of 2024 9 FOR THE PRACTICAL EXAMINATION FROM 21- 02-2023 TO 23-02-2023 ISSUED BY RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA, BANGALORE Exhibit P-18 TRUE COPY OF THE CIRCULAR NO. 18117/2022/A2/EX DENTAL/KUHS DATED 28- 10-2024 ISSUED BY THE 3RD RESPONDENT Exhibit P-19 TRUE COPY OF THE NOTIFICATION NO. 33970/2023/EX.MED/B1/KUHS DATED 06-10- 2023 ISSUED BY THE KERALA UNIVERSITY OF HEALTHY SCIENCES Exhibit P-20 TRUE COPY OF THE INTERIM ORDER DATED 26-10-2023 IN W.P. (C) NO. 34567/2023 Exhibit P-21 TRUE COPY OF THE INTERIM ORDER DATED 28-10-2023 IN W.P.(C) NO. 34567/2023 Exhibit P-22 TRUE COPY OF THE JUDGMENT DATED 30-05- 2024 IN W.P. (C) NO. 42388/2023 Exhibit P-23 TRUE COPY OF THE INTERIM ORDER DATED 15-11-2024 IN W.P.(C) NO.40483/2024 OF THIS HON’BLE COURT