Kerala High Court
Dr.Jinu K V vs National Medical Commission on 23 October, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:79068
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947
WP(C) NO. 38677 OF 2025
PETITIONERS:
1 DR.JINU K.V.,
AGED 37 YEARS,
D/O. VARGHESE K K , AGED 37YEARS,
ASSOCIATE PROFESSOR, DEPT. OF PHYSIOLOGY,
DR. MOOPEN'S MEDICAL COLLEGE (DMMC),
NASEERA NAGAR, MWPPADI,
WAYANAD, RESIDING AT KOCHAKKAN HOUSE,
IRINGOLE P O, VAIDHYASALAPPADI,
PERUMBAVOOR, ERNAKULAM, PIN - 683548
2 DR.JISHA P.,
AGED 42 YEARS,
ASSOCIATE PROFESSOR,
DEPT. OF MICROBIOLOGY, DR. MOOPEN'S MEDICAL
COLLEGE (DMMC), NASEERA NAGAR, MWPPADI, WAYANAD
RESIDING AT ANJALI HOUSE, KURIKKILAD, VATAKARA,
KOZHIKODE DISTRICT, PIN - 673104
BY ADVS.
SRI.SAIJO HASSAN
SHRI.SANGEETH MOHAN
RESPONDENTS:
1 NATIONAL MEDICAL COMMISSION,
POCKET-14, SECTOR-8, DWARAKA,
PHASE-1, NEW DELHI,
REPRESENTED BY ITS DIRECTOR.,
PIN - 110077
2025:KER:79068
W.P.(C) No.38677/2025
:2:
2 THE UNDER GRADUATE MEDICAL EDUCATION BOARD
THE NATIONAL MEDICAL COMMISSION, POCKET-14,
SECTOR-8, DWARAKA, PHASE-1, NEW DELHI,
REPRESENTED BY ITS CHAIRMAN, PIN - 110077
3 THE KERALA UNIVERSITY OF HEALTH SCIENCE
MEDICAL COLLEGE P.O., THRISSUR-680 596,
REPRESENTED BY ITS REGISTRAR
BY ADVS.
SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.P.SREEKUMAR (SR.)
SRI.PRENJITH KUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:79068
W.P.(C) No.38677/2025
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JUDGMENT
Dated this the 23rd day of October, 2025 The petitioners, who are non-medical Teachers, have filed this writ petition seeking to declare that non-medical faculties are also entitled to be appointed as Examiners in MBBS and BDS Degree Examinations in the light of Exts.P9 to P14 judgments.
2. Standing Counsel for National Medical Commission submits that the specific stand of the National Medical Commission is that if the appointment of non-medical Teachers were made prior to coming into effect of Ext.P5 Regulations, then the National Medical Commission has no objection in engaging such Teachers as Examiners for the purpose of MBBS examination.
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3. The issue raised by the petitioners is seen covered by a judgment of this Court in Remya P.A. (Dr.) v.
National Medical Commission [2025 KHC Online 2020]. In the said judgment, this Court held that persons who were appointed as Teachers prior to 01.08.2023 shall be entitled to be appointed as Examiners as per the modified guidelines issued by the National Medical Commission.
In view of the afore judgment, the writ petition is disposed of declaring that the petitioners are entitled to be appointed as Examiners.
Sd/-
N. NAGARESH JUDGE SR 2025:KER:79068 W.P.(C) No.38677/2025 :5: APPENDIX OF WP(C) 38677/2025 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF THE REGULATIONS OF GRADUATE MEDICAL EDUCATION 1997 (AMENDED UP TO MAY 2018) Exhibit P2 TRUE COPY OF THE COMMUNICATION NO. MCI-
7(9) SG/2019-MED./136(SG) DATED13.2.2020 ISSUED BY THE MEDICAL COUNCIL OF INDIA Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF THE REGULATIONS ON GRADUATE MEDICAL EDUCATION (AMENDMENT) 2019 DATED
4.11.2019 OF THE MEDICAL COUNCIL OF INDIA Exhibit P4 TRUE COPY OF THE PUBLIC NOTICE NO.
U.14021/8/2023-UGMEB DATED 23.06.2023 ISSUED BY THE NATIONAL MEDICAL COMMISSION Exhibit P5 TRUE COPY OF THE RELEVANT PORTION OF THE COMMUNICATION NO. U. 14021/8/2023- UGMEB DATED 1.8.2023 OF THE 2ND RESPONDENT Exhibit P6 THE TRUE COPY OF THE DEGREE OF DOCTOR OF PHILOSOPHY IN MEDICAL PHYSIOLOGY ISSUED BY SAVEETHA INSTITUTE OF MEDICAL & TECHNICAL SCIENCE DATED 18.11.2019 TO THE 1ST PETITIONER Exhibit P7 THE TRUE COPY OF THE DEGREE OF DOCTOR OF PHILOSOPHY IN MEDICAL MICROBIOLOGY ISSUED BY KANNUR UNIVERSITY DATED 9.12.2021 TO THE 2ND PETITIONER Exhibit P8 THE TRUE COPY OF THE CIRCULAR DATED 28.10.2024 ISSUED BY THE 3RD RESPONDENT UNIVERSITY Exhibit P9 TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP (C)NO. 34567/2023 DATED 26.03.2024 Exhibit P10 TRUE COPY OF THE JUDGMENT PASSED BY THE HIGH COURT OF MADHYA PRADESH IN WRIT PETITION NO. 28977/2023 DATED 30.11.2023 2025:KER:79068 W.P.(C) No.38677/2025 :6: Exhibit P11 TRUE COPY OF THE JUDGMENT PASSED BY THE HIGH COURT OF KARNATAKA IN WRIT PETITION NO. 24533/2023 DATED 10.11.2023 Exhibit P12 TRUE COPY OF THE JUDGEMENT DATED 03.11.2023PASSED BY HIGH COURT OF ALLAHABAD IN WRIT APPEAL NO. 18482/2023 Exhibit P13 TRUE COPY OF THE JUDGEMENT DATED 27.03.2024 PASSED BY HIGH COURT OF KARNATAKA IN WRIT PETITION NO. 3746/2024 Exhibit P14 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN WP (C)NO. 28096/2024 DATED 1.08.2025 Exhibit P15 TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO. U14021/8/23 -UGMEB DATED 12.06.2023 ISSUED BY THE 1ST AND 2ND RESPONDENTS.