Disposed¶40

Dr. Sheeba Varghese v. the National Medical Commission

Kerala HC27 Mar 2025WP(C)/39100/2024

Case brief

AI extract

What is this about?

Examiner appointment eligibility; National Medical Commission Ext.P5 guidelines; MBBS as essential qualification challenged; dental college non-medical/pre-clinical faculty; examiners appointed prior to 01.08.2023 grandfathered per Competency Based Medical Education Curriculum Guidelines 2023; parity with allowed writ petition WP(C) 34567/2023; Kerala University of Health Services; writ petition disposed with directions to respondents.

What did the court decide?

Declaration that the petitioners shall be entitled to continue to be appointed as Examiners if they fall within the category referred to in paragraph 11 of the statement submitted by respondents 1 and 2 in W.P.(C) No.34567 of 2023; respondents directed to ensure the same. ¶40

Dr. Sheeba Varghese Vs the National Medical Commission — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶40

Issue for consideration

Whether the petitioners, faculty members (Professor/Associate Professor/Reader) in Physiology, Biochemistry and allied non-medical departments of dental colleges, are entitled to be appointed and to continue as Examiners notwithstanding the Ext.P5 guideline clause that treats MBBS degree as one of the essential qualifications. +1 more

¶29

Court's answer

The petitioners are entitled to continue to be appointed as Examiners if they fall within the category referred to in paragraph 11 of the statement submitted by respondents 1 and 2 in W.P.(C) No.34567 of 2023 (i.e., examiners appointed prior to 01.08.2023).

¶40

Ratio / Principle

The petitioners are similarly situated to the petitioners in W.P.(C) No.34567 of 2023, whose writ petition was allowed on the basis of the statement filed by respondents 1 and 2.

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Key takeaways

The respondents are directed to ensure that the petitioners continue to be appointed as Examiners where they fall within the stated category.ratio¶44

Detailed headnote1 paragraphs

Six PhD/postgraduate-qualified faculty members of dental colleges in Kerala (Physiology and Biochemistry) challenged Ext.P5 guidelines of the National Medical Commission on the appointment of Examiners, to the extent the guidelines made MBBS degree one of the essential qualifications alongside four years of teaching experience as Assistant Professor after obtaining a Post Graduate Degree following MBBS. Relying on the earlier writ petition W.P.(C) No.34567 of 2023, which was allowed on the basis of a statement filed by respondents 1 (National Medical Commission) and 2 (Under Graduate Medical Education Board) — paragraph 11 of which recorded that examiners appointed prior to 01.08.2023, the date of publication of the Competency Based Medical Education Curriculum Guidelines, 2023, would be permitted to continue as Examiners — and holding the present petitioners similarly situated, the Court disposed of the writ petition declaring the petitioners entitled to continue to be appointed as Examiners if they fall within that category, and directed the respondents to ensure the same.

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2025:KER:26427

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3

PRESENT

¶4

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶5

THURSDAY, THE 27TH DAY OF MARCH 2025/6TH CHAITHRA, 1947

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WP(C) NO.39100 OF 2024

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PETITIONERS

¶8

1DR.SHEEBA VARGHESE,
AGED 54 YEARS,
W/O. POLY ANTONY, PLAKKAL HOUSE, VENNOOR,
ALATHUR, THRISSUR,
PIN - 680741
2DR. BINITHA P.P,
AGED 43 YEARS,
KOLLAMTHODI HOUSE, KADANGODE POST,
THRISSUR,
PIN - 680584
3DR. PAUL M.P,
AGED 61 YEARS,
S/O. M.M. PAULOSE, MANKOOTTATHIL,
KOTHAMANGALAM P.O, ERNAKULAM,
PIN - 686691
4DR. NITHI VARGHESE,
AGED 43 YEARS,
PALAKKAPALLY HOUSE, MANIMALA ROAD,
EDAPPALLY P.O, ERNAKULAM, KOCHI,
PIN - 682024
5DR. SESHAGIRI MUTTAGI,
AGED 53 YEARS,
RESIDING AT STAFF QUARTERS, ROYAL DENTAL
COLLEGE, CHALISSERY, PALAKKAD,
PIN - 679536
6DR. BINDU M.P,
AGED 43 YEARS,
W/O. K.K. RAJAN, 11/238,
MADATHIPARAMBIL HOUSE, KARTHIKA, AYYANTHOLE
NORTH, THRISSUR,
PIN - 680003

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WP(C) No.39100 of 2024

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2025:KER:26427

¶11

¶12

BY ADVS.
JOHN VARGHESE
AYISHA T.S.

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RESPONDENTS

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1 THE NATIONAL MEDICAL COMMISSION POCKET – 14, SECTOR 8, DWARAKA, PHASE-1, NEW DELHI, REPRESENTED BY ITS DIRECTOR, PIN - 110077

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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

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3 KERALA UNIVERSITY OF HEALTH SERVICES MEDICAL COLLEGE P.O, THRISSUR, REPRESENTED BY ITS REGISTRAR, PIN - 680596

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BY ADVS. K.S.PRENJITH KUMAR BINNY THOMAS

¶18

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 27.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No.39100 of 2024

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JUDGMENT

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Dated this the 27^th day of March, 2025

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The 1^st petitioner is working as Professor cum Head of Department of Physiology, Royal Dental College, Palakkad. The 2^nd petitioner is working as an Associate Professor, Biochemistry, Royal Dental College, Palakkad. The 3^rd petitioner is working as Professor, Physiology, St.Gregorious Dental College, Ernakulam. The 4^th petitioner is working as Reader and Head of Department(HOD), Department of Psysiology, Indira Gandhi Dental College, Kothamangalam. The 5^th petitioner is working as Professor, Royal Dental College, Palakkad. The 6^th petitioner is working as Reader, P.S.M College of Dental Science and Research, Thrissur.

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The petitioners' grievance is against

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Ext.P5 guidelines formulated by the 1^st respondent, with regard to the appointment of Examiners, to which one of the qualifications prescribed is that they must have at least four

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WP(C) No.39100 of 2024
4

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2025:KER:26427

¶29

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.

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Heard.

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Earlier, when a similar issue came up for

¶32

consideration in W.P.(C) No.34567 of 2023, respondents 1

¶33

and 2 herein filed a statement therein, and in paragraph 11 therein, it was averred as follows:

¶34

“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.”

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WP(C) No.39100 of 2024

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¶38

Thus, in the said statement, the 1^st

¶39

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 petitioners therein, shall be entitled to be appointed as Examiners, if they fall within the category referred to in paragraph 11 of the statement submitted by the 1^st and 2^nd respondents in the said writ petition. The petitioners in the writ petition are similarly situated to that of the petitioners in W.P.(C) No.34567 of 2023.

¶40

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 the above extracted portion of the statement submitted by the 1^st and 2^nd respondents in W.P.(C)

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WP(C) No.39100 of 2024

¶43

¶44

No.34567 of 2023. The respondents are directed to ensure

the same.

Sd/-

N.NAGARESH JUDGE

Cak

2025:KER:26427

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WP(C) No.39100 of 2024

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¶52

APPENDIX OF WP(C) 39100/2024

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PETITIONER EXHIBITS

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EXHIBIT P-1TRUE COPY OF THE RELEVANT PAGES OF
REGULATIONS ON GRADUATE MEDICAL
EDUCATION, 1997 (AMENDED UPTO MAY,
2018) DATED 04-03-1997
EXHIBIT P-2TRUE COPY OF THE COMMUNICATION NO.
MCI-7(9)SG/2019-MED./136(SG)DATED
13-02-2020 ISSUED BY THE MEDICAL
COUNCIL OF INDIA

¶55

EXHIBIT P-3TRUE COPY OF THE RELEVANT PORTION OF
THE REGULATIONS ON GRADUATE MEDICAL
EDUCATION (AMENDMENT) 2019 DATED
04-11-2019 OF THE MEDICAL COUNCIL OF
INDIA

¶56

EXHIBIT P-4TRUE COPY OF THE RELEVANT PORTION OF
THEPUBLICNOTICENO.U.
14021/8/2023-UGMED DATED 23-06-2023
ISSUED BY THE NATIONAL MEDICAL
COMMISSION

¶57

EXHIBIT P-5TRUE COPY OF THE RELEVANT PORTION OF
THECOMMUNICATIONNO.U.
14021/8/2023-UGMEB DATED 01-08-2023
OF THE 2ND RESPONDENT

¶58

EXHIBIT P-6TRUE COPY OF THE DEGREE OF DOCTOR OF
PHILOSOPHY IN PHYSIOLOGY ISSUED BY
MAHATMA GANDHI UNIVERSITY DATED
14-11-2002

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EXHIBIT P-7TRUE COPY OF THE ATTENDANCE
CERTIFICATE DATED 15-09-2021 ISSUED
BY THE INDIRA GANDHI INSTITUTE OF
DENTAL SCIE4NCES, KOTHAMANGALAM FOR
THE PERIOD FROM 13TH TO15TH SEPTEMBER,
2021

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¶61

WP(C) No.39100 of 2024

¶62

¶63

EXHIBIT P-8TRUE COPY OF THE DEGREE OF DOCTOR OF
PHILOSOPHY IN BIOCHEMISTRY, ISSUED BY
UNIVERSITYOFCALICUTDATED
14-09-2017
EXHIBIT P-9TRUE COPY OF THE ATTENDANCE
CERTIFICATE DATED 27-07-2022 ISSUED
BY THE EDUCARE INSTITUTE OF DENTAL
SCIENCES, CHATTIPARAMBA FOR THE
PERIOD FROM 26TH TO 27TH JULY, 2022
EXHIBIT P-10TRUE COPY OF THE DEGREE OF DOCTOR OF
PHILOSOPHY IN PHYSIOLOGY ISSUED BY
THE UNIVERSITY OF CALICUT DATED
04-09-2010
EXHIBIT P-11TRUE COPY OF THE ATTENDANCE
CERTIFICATE DATED 04-05-2023 ISSUED
BY MALABAR DENTAL COLLEGE AND
RESEARCH CENTRE, MALAPPURAM FOR THE
PERIOD FROM 2ND,3RD AND 4TH MAY, 2023
EXHIBIT P-12TRUE COPY OF THE DEGREE OF DOCTOR OF
PHILOSOPHY IN PHYSIOLOGY ISSUED BY
ALL INDIA INSTITUTE OF MEDICAL
SCIENCES, NEW DELHI DATED NOVEMBER,
2015
EXHIBIT P-13TRUE COPY OF THE DUTY CERTIFICATE
DATED 03-03-2022 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P-14TRUE COPY OF THE DEGREE OF DOCTOR OF
PHILOSOPHY IN BIOCHEMISTRY DATED
18-01-2007 ISSUED BY THE GULBARGA
UNIVERSITY, KARNATAKA

¶64

EXHIBIT P-15TRUE COPY OF THE ATTENDANCE
CERTIFICATE DATED 11-02-2022 ISSUED
BY AL AZHAR DENTAL COLLEGE
EXHIBIT P-16TRUE COPY OF THE DEGREE OF DOCTOR OF
PHILOSOPHY IN BIOCHEMISTRY DATED
13-07-2006 ISSUED BY UNIVERSITY OF

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WP(C) No.39100 of 2024

¶67

¶68

CALICUT

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EXHIBIT P-17TRUE COPY OF THE DUTY CERTIFICATE
DATED 01-08-2022 ISSUED BY THE 3RD
RESPONDENT

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EXHIBIT P-18TRUE COPY OF THE CIRCULAR NO.
18117/2022/A2/EX DENTAL/KUHS DATED
28-10-2024 ISSUED BY THE 3RD
RESPONDENT

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EXHIBIT P-19TRUE COPY OF THE NOTIFICATION NO.
33970/2023/EX.MED/B1/KUHSDATED
06-10-2023 ISSUED BY THE KERALA
UNIVERSITY OF HEALTHY SCIENCES

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EXHIBIT P-20TRUE COPY OF THE INTERIM ORDER DATED
26-10-2023 IN W.P.(C) NO. 34567/2023
OF THIS HON'BLE COURT

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EXHIBIT P-21 TRUE COPY OF THE INTERIM ORDER DATED 28-10-2023 IN W.P.(C) NO. 34567/2023 OF THIS HON'BLE COURT

¶74

EXHIBIT P-22TRUE COPY OF THE JUDGMENT DATED
30-05-2023 IN W.P.(C) NO. 42388/2023
OF THIS HON'BLE COURT

Dr. Sheeba Varghese v. the National Medical Commission

Case brief

What is this about?

What did the court decide?

Dr. Sheeba Varghese v. the National Medical Commission

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

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