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. 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 country. The Circular dated 22.05.2024 has prejudiced the rights of the petitioners from securing 80% attendance for appearing in the University examinations. The University cannot prescribe different norms and guidelines that are not even insisted by the National Medical Commission. 10. A few of the petitioners submitted representations to the Vice Chancellor of the University pointing out these facts. However, the 2nd respondent has not responded to the representations. The University cannot prescribe different norms and guidelines that are not even insisted by the National Medical Commission. 10. A few of the petitioners submitted representations to the Vice Chancellor of the University pointing out these facts. However, the 2nd respondent has not responded to the representations. The petitioners therefore pray that the Circular dated 22.05.2024 of the University be quashed 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. 11. Respondents 2 and 3 opposed the writ petitions. Respondents 2 and 3 submitted that the National Medical Commission has decided that the Post Graduate Degree Courses for Academic Year 2021-2022 shall start from 01.02.2022 and will complete by 31.12.2024. Regulation 4.3 of the PGMER, 2023 provided that the PGMEB of NMC shall publish guidelines and time schedule for the conduct of examination, common counselling, admission, joining and commencement of academic session. The National Medical Commission scheduled the commencement of academic for the year 2021 as 01.02.2022. 12. The 80% attendance criterion is not prescribed for promotion from first year to second year and second year to third year by PGMER-2023 or by KUHS Regulations. However, a criteria is followed for promotion as per Medial PG Regulations of KUHS. Each year of the course consists of 365 days. Total working days calculated for each year is 313 days (365 days minus 52 weekly off equal to 313 days). Students should have 100% attendance for these 313 working days leave-up to 20 days casual leave and 5 days academic leave are included within this 313 working days). For all other leaves in a year, students have to do extension of course in that year. Thus, a student will be promoted to the second year after he completes 365 days from the commencement of his first year of study if he has 313 days of attendance (including 20 casual leaves). The period which is short of 313 days shall be compensated and promotion would be delayed by that period. 13. Therefore the University can apply 80% attendance criterion for eligibility for University examination for the final year only. The period which is short of 313 days shall be compensated and promotion would be delayed by that period. 13. Therefore the University can apply 80% attendance criterion for eligibility for University examination for the final year only. Hence, Medical PG Regulations of KUHS (Clause 1.8) provides that to determine the eligibility to appear for the examination, the attendance for the final year shall be calculated from the date of promotion to the final year till the last date of uploading the attendance to the University portal before the University examination. 14. The respondents 2 and 3 submitted that in the first year the student is required to get acquainted with the specialty, select a topic for thesis work and get the thesis protocol approved and start the thesis work by the end of the year. The student is made a part of the team in all Academic, Research and patient care activities of the Department. In the second year, the student has to undergo three months training in peripheral hospitals (District Residency Programme) to get training to work as a Specialist in the peripheral hospitals and for implementing the National Public Health Programmes, following which the student undergoes training in allied specialities in the parent hospital for a period of 3 to 6 months. These trainings are extremely important for creating interdisciplinary collaboration and to view the patient as a whole and not as a subject. During this period, the thesis work also continues. 15. In the final year, the student is assigned semi-independent responsibilities supervised by the faculty wherein the student learns to make independent decisions and presents it to the Senior Faculty before acting on it. In surgical specialities, the student is given the responsibility of doing minor surgical procedures and lead select major procedures under supervision. Thus, in the final year, the student takes first independent steps. Further, thesis work has to be completed and submitted to the University 6 months before the end of the course. 16. It is to ensure that each of these components are completed satisfactorily, the Course Regulations stipulate that the student must complete the training in each academic year before proceeding to the next year of study. If there is a break/absence, the academic year will be deemed complete only after the absence is compensated by extending the days of training. 16. It is to ensure that each of these components are completed satisfactorily, the Course Regulations stipulate that the student must complete the training in each academic year before proceeding to the next year of study. If there is a break/absence, the academic year will be deemed complete only after the absence is compensated by extending the days of training. Thus, a student can be promoted to the second year only after successfully completing the training of the first year. So, a student who joined late or who was absent for a substantial period in the first year will be promoted to the second year at a later date than a regular student. The same procedure is followed for promotions from second year to final year also. 17. I have heard the learned counsel for the petitioners and the respective Standing Counsel appearing for the respondents. I have also heard the learned Government Pleader representing the State of Kerala. 18. The petitioners are aggrieved by the stand taken by the University insisting for at least 80% attendance in the final year to satisfy the attendance to appear for the University examination. The petitioners contend that the University is exercising its power inconsistent with the criteria/standards laid down by the National Medical Commission. 19. In exercise of the powers conferred by the National Medical Commission Act, 2019, the Commission has framed the Post Graduate Medical Educations Regulations, 2023. Regulation 5.5 of the Regulations, 2023 reads as follows: 5.5 Leave Rules for Post Graduate Students -The following leave rules will be followed: (a) Every post-graduate student will be given minimum 20 days of paid leave (casual leave) per year. (b) Subject to exigencies of work, post-graduate students will be allowed one weekly holiday. (c) Female post-graduate students shall be allowed maternity leave as per existing Government rules and regulations. (d) Male post-graduate students shall be allowed paternity leave as per existing Government rules and regulations. (e) In addition to 20 days’ paid leave, the candidates will be allowed academic paid leave of 5 days per. The training period shall be as per Chapter-II. If candidate avails leave in excess of the permitted number of days, his/her term of course shall be extended by the same number of days to complete the training period. However, one shall be able to appear in the examination if one has 80% (eighty percent) of the attendance. The training period shall be as per Chapter-II. If candidate avails leave in excess of the permitted number of days, his/her term of course shall be extended by the same number of days to complete the training period. However, one shall be able to appear in the examination if one has 80% (eighty percent) of the attendance. (Emphasis supplied) Regulation 5.5 only provides that one shall be able to appear in the examination if one has 80% of attendance. Regulation 5.5 does not state whether the 80% attendance is required separately for each year or for the entire course duration. 20. The National Medical Commission has issued public notice dated 10.04.2024 giving clarification to the Regulations, 2023. The clarifications given in the form of frequently asked questions (FAQ), at paragraph 2 states that total days in a three year course will be 1095 days, that the total working days will be 939 days and a student will require 80% attendance of working days for appearing in the examination. The clarifications also do not specifically require that 80% attendance is required in each academic year. 21. The Notification No. 10155/2022/AC1/Gen. A2/KUHS(1) dated 27.02.2024, the University has issued Regulations for all Post Graduate Diploma, Degree and Super Speciality Courses in Medicine. The Regulations provide at Regulation 1.8(e) that the attendance shall be calculated for each student based on the date of commencement of classes for that batch and the total leaves availed by the candidates. Regulation 1.8(b) would give an indication that attendance is to be calculated based on the date of commencement of classes for the Batch. However, Regulation 1.8(h), dealing with calculation of attendance reads as follows: (h) Calculation of attendance: (a) The attendance for the first year shall be calculated from the date of joining the course and commencement of training. (b) The attendance for the 2nd and final year shall be calculated from the date of promotion to respective years. (c) To determine the eligibility to appear for the examination, the attendance for the final year shall be calculated from the date of promotion to the final year till the last date of uploading the attendance to the University portal before the University examination. (c) To determine the eligibility to appear for the examination, the attendance for the final year shall be calculated from the date of promotion to the final year till the last date of uploading the attendance to the University portal before the University examination. (d) a student who has been promoted to subsequent years up to the final year as the Clause 1.18, should have a minimum of 80% attendance in the total course period, with at least 80% attendance in the final year. (e) However, the student shall complete one full year (365 days) in the final year of study as part of completion of the training period. (f) The training period will be extended for the same number of days of excess of permitted casual leaves/other leaves taken (including maternity and paternity leave availed, medical leave and all other leaves and/or absence). (Emphasis supplied) 22. The Regulation 1.8(h)(d) states that a student who has been promoted to subsequent years up to the final year as per Clause 1.18 should have a minimum of 80% attendance in the total course period, with atleast 80% attendance in the final year. Paragraph 1.8(h) of the Notification dated 27.02.2024 thus insists for 80% attendance year-wise. 23. Circular dated 22.05.2024 issued by Academic (Medical) Section of the University provides for eligibility to appear for University examination. Paragraph A of the Circular dated 22.05.2024 reads as follows: (A) Criteria for promotion to subsequent/next academic year: (a) Candidates should satisfy both the criteria given below, for the completion of an academic year and for promotion to the subsequent year: (i) Should have completed one full year (365 days) of training in a particular year. (ii) Period of training will be extended for the same number of days of all leaves/absence, including medical leave, maternity and paternity leave availed and excess of permitted casual leaves/other leaves taken in the corresponding academic year. All other leaves/absence above permitted paid casual leave of 20 days/leaves above duly approved academic leave of 5 days, have to be compensated by extension of course in each year. (b) Additional eligibility criteria for promotion to 2nd year The candidate should have submitted the Thesis protocol to the University (except for Post Graduate Diploma Candidates). (b) Eligibility to appear for University Examination 1. (b) Additional eligibility criteria for promotion to 2nd year The candidate should have submitted the Thesis protocol to the University (except for Post Graduate Diploma Candidates). (b) Eligibility to appear for University Examination 1. A student who has been promoted to subsequent years up to the final year as per the criteria above, should have a minimum of 80% attendance in the total course period, with at least 80% attendance in the final year to satisfy the attendance to appear for University examination. 2. The attendance for the final year shall be calculated from the ate of promotion (as per Criteria mentioned above) of the student to the final year. 3. The working days for Post Graduate training in each academic year shall be 365 days excluding availed weekly offs (maximum 52 weekly offs in an academic year), which is minimum of 313 days. (Emphasis supplied) 24. Paragraph A(b)(1) would require that a student who has been promoted to subsequent years up to the final year as per the criteria, should have a minimum of 80% attendance in the total course period with at least 80% attendance in the final year, to satisfy the attendance to appear for University examination. Thus, though the Regulations of the National Medical Commission do not insist for 80% attendance in the final year separately as an eligibility to appear for the University examination, the Kerala University of Health Sciences insists for 80% attendance for the entire course period as also 80% attendance in the final year. 25. Whether prescription of a such higher standard in the matter of attendance by the University amounts to dilution of the criteria prescribed by the National Medical Commission and whether such prescription can be legally sustained, is the question that arises for consideration in these writ petitions. 26. The University will insist that in the first year the student is required to get acquaintance with the specialty, select a topic for thesis work and get the thesis protocol approved and start the thesis work by the end of the year. The student is made a part of the team in all academic, research and patient care activities of the Department. In the second year, the student has to undergo three months training in peripheral hospitals, to get training to work as a specialist and for implementing the National Public Health Programs. 27. The student is made a part of the team in all academic, research and patient care activities of the Department. In the second year, the student has to undergo three months training in peripheral hospitals, to get training to work as a specialist and for implementing the National Public Health Programs. 27. In the final year, student is assigned semi-independent responsibilities supervised by the faculties. It is at this stage that the student learns to make independent decisions and presents it to the senior faculty before acting on it. In surgical specialties, the student is given responsibility of doing minor surgical procedures and lead select major procedures. In the final year, the students take their first independent steps. The training in the final year is therefore crucial. Therefore, compromising attendance requirements in the final year would definitely water down the quality of education of PG students, which in turn would not be in public interest. 28. Now let us examine the powers of NMC and Universities in the matter of prescribing standards of education, which term will necessarily include prescription of minimum attendance requirements for a course duration. The preamble to the National Medical Commission Act, 2019 states that it is an Act to provide for a medical education system that improves access to quality and affordable medical education, ensures availability of adequate and high quality medical professionals in all parts of the country. 29. The Act is therefore intended to provide for a medical education system that improves access to quality and affordable medical education and to ensure availability of adequate and high quality medical professionals. 30. Section 10 of the Act, 2019 provides for powers and functions of the Commission. Section 10(1)(a) provides that the Commission shall lay down policies for maintaining a high quality and high standards in medical education and make regulations in theis behalf. Section 10(1)(b) empowers the Commission to lay down policies for regulating medical institutions, medical researches and medical professionals and make regulations in this behalf. 31. Section 16 of the National Medical Commission Act empowers the Central Government to constitute the Post Graduate Medical Education Board (PG MEB). Section 25 lays down the powers and functions of the Post Graduate Medical Education Board. Section 25(1) (a) empowers the PGMEB to determine the standards of medical education at the Post Graduate level in accordance with the regulations made under the Act. Section 25 lays down the powers and functions of the Post Graduate Medical Education Board. Section 25(1) (a) empowers the PGMEB to determine the standards of medical education at the Post Graduate level in accordance with the regulations made under the Act. Section 25(1)(c) enable the PGMEB to frame guidelines for setting up medical institutions for imparting Post Graduate and Super Specialty courses having regard to the needs of the country and global norms. The Act, 2019 thus empowers the National Medical Counsel to lay down policy guidelines and to make regulations for prescribing minimum standards in medical education. 32. The Kerala University of Health Sciences Act, 2010 is a State Act enacted to incorporate a University of Health Sciences for the purpose of ensuring proper and systematic instruction, teaching training and research in modern and other branches of medicine and allied sciences in the State of Kerala and to provide uniformity in the various academic programs in Medical and allied subjects. Ensuring proper and systematic teaching in modern medicine is one of the objects of the Act, 2010. 33. Section 5 of the Act lays down objects of the University. Advancement and dissemination of learning and knowledge in health sciences, designing of courses and curricula based on advances in the field of health care, as also regulation of academic standards of the affiliated colleges or institutions are objects of the University. 34. Section 6 lays down the powers and functions of the University. Under Section 6, the University has power to provide instruction and training in health and allied sciences as the University may deem fit. The University may institute and award degrees, diplomas, certificates and other academic distinctions and to hold examinations and confer degrees and other academic distinctions for persons who shall have pursued approved courses of study. The power of the University to hold examinations and award Degrees necessarily includes the power to prescribe minimum attendance requirements to appear in examinations conducted by the University. 35. The National Medical Commission Act, 2019 empowers the NMC to make policies for maintaining quality of education and to make regulations for that purpose. However, Section 5 of the Kerala University of Health Sciences Act, 2010 empowers the University to design courses and curricula and also to regulate academic standards. 35. The National Medical Commission Act, 2019 empowers the NMC to make policies for maintaining quality of education and to make regulations for that purpose. However, Section 5 of the Kerala University of Health Sciences Act, 2010 empowers the University to design courses and curricula and also to regulate academic standards. Considering the purpose for which the National Medical Counsel Act, 2019 and the Kerala University of Health Sciences are enacted, it has to be concluded that the University has power to lay down its own standards of education, which term will take in attendance requirements to appear in an examination conducted by the University, without compromising the policies and regulations laid down by the National Medical Commission. 36. In the present case, when the National Medical Commission prescribes 80% attendance for appearing in Medical PG Examination in its regulation, the prescription of the University insisting 80% attendance in each year of the course, cannot be said to be watering down or scaling down the standards prescribed by the National Commission. The University has power under Sections 5 and 6 of the Act, 2010 to prescribe a higher standard in the matter of attendance requirement. Considering the scheme of studies in Medical PG, the University has insisted separate minimum attendance in each year of PG Medical course. There is nothing illegal in such prescription. 37. In the afore facts, I do not find any illegality in the Notification dated 27.02.2024 of the Kerala University of Health Sciences which insists at least 80% attendance in the final year to satisfy the requirement of attendance to appear for the University examinations. 38. The writ petitions are therefore dismissed.