JUDGMENT : Amit Rawal, J. This order shall dispose of twenty (20) writ appeals preferred against the common judgment dated 18.12.2024 disposing of various writ petitions whereby the appellants- petitioners were not successful in assailing the circular dated 22.5.2024 of the University called Kerala University of Health Science (KUHS) imposing a condition of having minimum 80% attendance in the total course period with at least 80% attendance in the Final year to satisfy the requirement of attendance to appear for the University examinations, in defiance to the regulations of 2023, promulgated Post Graduate Medical Education Regulations, 2023 (PGMER, 2023) vide notification dated 29.12.2023 by the National Medical Commission for adjudication of the controversy. 2. Succinctly, the facts in brief are enumerated herein below: All the appellants-petitioners are Doctors, who have obtained admission for Post Graduate Courses in various Medical Colleges in the State affiliated with the University for the academic year 2021-2022. On the basis of the allotment by the Centralized authority appointed by the State and Central Government. The details of the courses being pursued by the different petitioners have been given in paragraph 1 of the writ petition which is not relevant for the adjudication of the lis. From the academic year 2021-2022, the competent authority had decided to conduct four rounds of all India quota counseling for NEET – Undergraduate and Post Graduate as per the modified Scheme. The said scheme came into consideration before the Supreme Court in SLP (C) No.10487 of 2021 and during the pendency of the matter, the Hon'ble court was informed that the modified scheme shall be implemented for the year 2021-2022 for admissions to NEET- Undergraduate and Post Graduate. 3. The National Medical Commission caused a notification dated 11.1.2022 intimating that academic session for the broad specialty courses for the year 2021 shall commence from 1.2.2022. 4. The National Medical Commission promulgated a notification dated 29.12.2023 called Post Graduate Medical Education Regulations (PGMER, 2023) and as per clause 5.5 of the regulation dealing with leave rules for Post Graduate Students prescribing that a candidate shall be able to appear in the examination if one has 80% of the attendance. 4. The National Medical Commission promulgated a notification dated 29.12.2023 called Post Graduate Medical Education Regulations (PGMER, 2023) and as per clause 5.5 of the regulation dealing with leave rules for Post Graduate Students prescribing that a candidate shall be able to appear in the examination if one has 80% of the attendance. The aforementioned clarification came in pursuance of the clause 5.5 mentioning that if the candidates avails the leave in excess of permitted number of days, his or her term of course shall be extended by same number of days to complete the 'training period'. Thus what is deduced is the 'examination' and training period' are two different stages. The aforementioned notification was clarified by the respondent vide public notice dated 10.4.2024 and in response to query No.2, it was clarified that total days in a three year course will be 1095 days and the total working days will be 939 days after deducting weekly off ie., 156 days. The student thus would require 80% of attendance of working days ie., 751 days of 939 days for appearing in the 'examination'. However, the training period will be extended by the same number of days for which the maternity / paternity leave or total excess casual leave has been availed in three (3) years. 5. The Kerala University of Health Sciences vide Circular dated 25.7.2024 on the subject of KUHS-Exam-Medical (A)- Medical PG Degree/Diploma R&S Examinations (Regular applicable for 2021 Admission) – Commencement of Examination – reg. clarified that the tentative examination calendar for the Academic Year 2024-25, the Medical PG Degree/Diploma Regular & Supplementary Examination for 2021 Admission was scheduled on 10 th March, 2025. It was issued on the basis of the direction of the National Medical Commission (NMC). On 22.5.2024, KUHS vide impugned circular introduced a different condition ie., alien to the condition promulgated by the National Medical Commission as per the regulations 2023 as well as the notice of 10.4.2024 by imposing a condition of at least 80% of attendance in the final year to satisfy the attendance to appear for University examination instead of having 80% attendance in total course period. The representation was submitted by the appellants - petitioners of 2021 but of no avail giving cause to assail the circular impugned dated 22.5.2024 by claiming the following reliefs: i. Issue a writ of certiorari calling for records leading to Exhibit P10(a) to the extent it insists at least 80% attendance in the final year to satisfy the requirement of attendance to appear for the university exams and to quash the same; ii. Issue a writ declaring that the petitioners are entitled to appear for the medical PG degree regular examinations, 2021 admission as scheduled in Exhibit P8 circular. iii. Issue a writ declaring that the insistence of at least 80% attendance by the 2 nd respondent is contrary to the guidelines issued by the 1 st respondent and is bad in law; iv. Issue a writ of mandamus directing the 2 nd and 3 rd respondents to permit the petitioners to appear for the medical PG degree regular examinations, 2021 admissions as scheduled vide Exhibit P8 circular as the insistence of 80% attendance is required to be satisfied only on completion of course as provided in Exhibit-P6 by the 1st respondent. 6. National Medical commission, in one of the counter admitted that the regulations issued by the National Medical Commission and of the examination Board ie., Post Graduate Medical Educations Regulations (PGMER) have a binding effect on all the Universities. 7. Though University supported the circular by submitting that it had consistently held the post graduate student must secure 80% attendance in each academic year. In support of the contentions, relied upon the judgment of this Court in W.A No.1125 and 1126 of 2019, R2(c). It was also stated that the training period by the PGMER is three (3) years for Post Graduate Degree which can be only three academic years of 365 days each. The training in the final year is the crucial for the Resident to get adequate experience and knowledge and to take independent decisions and implement them which would directly affect the health or a life of a patients who seeks advice from an expert. Thus the period and quality of the training for PG course cannot be compromised. 8. The training in the final year is the crucial for the Resident to get adequate experience and knowledge and to take independent decisions and implement them which would directly affect the health or a life of a patients who seeks advice from an expert. Thus the period and quality of the training for PG course cannot be compromised. 8. The learned Single Bench on analysis of the pleadings as well as on examination of the regulations of 2023 held that the University has power to provide instruction and training in health and allied sciences as the University may deem fit. Therefore for holding the examination in respect of the degrees, diplomas etc., includes the power to prescribe minimum attendance requirements to appear in examinations conducted by the University. In other words, Section 5 of the Kerala University of Helath Sciences Act, 2010 empowers the University to design the courses and curricula much less regulate academic standards. Therefore there was no ambiguity or aberration on the part of the University to lay down its own standards of education and dismissed the writ petition. It is in that background, the present intra court appeals have been preferred. 9. Mr.George Poonthottam, learned Senior counsel assisted by Smt.Kavya Varma M.M, Adv. S.Vishnu and other counsel representing for the appellants-petitioners submitted that only one University in the Kerala which has adopted a different criteria for 80% attendance in each academic year instead of 80% attendance of three years ie., 751 days of 939 days whereas other Universities as per Annexure I and Annexure II attached with the application in Andra pradesh and Telangana have been adopting the same criteria as per the PGMER -2023 Regulations promulgated by the National Medical Commission. The University has taken both training and examination to be one but both are different. Post Graduate Students are required to undertake the training totally opposite to the examination. In other words, the training has nothing to do with examination in case the students fulfills the 80% of attendance but not of each academic year as tried to be projected and defended by the University. 10. Post Graduate Students are required to undertake the training totally opposite to the examination. In other words, the training has nothing to do with examination in case the students fulfills the 80% of attendance but not of each academic year as tried to be projected and defended by the University. 10. Clause 5.5 of the regulation dealing with the leave rules for Post-graduate Students though noticed by the Single Bench has been misinterpreted by considering it to be applicable for 'examination' whereas the entire clause is only with regard to 'training' period with an exception to appear in the examination, if one has 80% of attendance. There is no rational or justification in supporting the impugned circular of complying the requirement of 80% of attendance in each academic year. In other words, all the appellants who have scored more than 80% of attendance in each academic year did not have 80% attendance in the final year but if looked collectively fulfills the requirement of Regulation 2023. Our attention was also drawn to the interim order dated 27.12.2024 passed by the vacation bench of this Court directing the University to accept the online registration of Final year PG Examination and online submission of attendance of the appellants provisionally subject to the stipulation that all the students should have attendance of 751 days in aggregate for the 3 years as on the date of the registration with a clarification that the acceptance of the registration of examinations would not give the appellants a vested right to appear for the examination and would be subject to the result of the Writ appeal. Pursuant to the aforementioned interim order, all the appellants have undertaken the examination and the result of which has been declared and informed that most of the appellants have cleared the examination and few of them are also rank holders. 11. On the other hand, Sri.P Sreekumar, learned senior counsel assisted by Sri. Binny Thomas justified the issuance of circular and as well as supported the findings of the Single Bench that the University has not erred in fixing different yardstick for academic courses as well as the training over and above the minimum standard prescribed by the PGMER, 2023. In other words, the students though are required to have 80% of attendance in order to have better result and good doctors with medical acumen. In other words, the students though are required to have 80% of attendance in order to have better result and good doctors with medical acumen. The 80% of requirement in each academic year was rather beneficial and helpful enabling the post graduate students to study hard and toil. 12. We have heard the learned counsel for the parties and appraised the paper book. Clause 5.5 of the 2023 Regulation reads as under: 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. 13. On perusal of the aforementioned clause, it deals with the leave rules for Post-graduate students fixing the criteria of having undertaken the same number of days for completion of the training but did not debar them to appear in the examination, if one has 80% of the attendance. The 80% attendance has been clarified. Chapter 11.1 empowers the National Medical Commission to amend the Post – Graduate Medical Education Regulations – 2023. It is only the National Medical Commission which is empowered to make additions, deletions and substitutions or any amendment to the Post- Graduation Medical Education Regulations – 2023. The same reads as under: Provision to Amend the Post-Graduate Medical Education Regulations-2023 National Medical Commission is empowered to make any addition, deletion, substitution of or any other amendment to Post-graduate Medical Education Regulations 2023, as and when required. The Postgraduate Medical Education Board is empowered to issue advisories and clarifications as and when required. The same reads as under: Provision to Amend the Post-Graduate Medical Education Regulations-2023 National Medical Commission is empowered to make any addition, deletion, substitution of or any other amendment to Post-graduate Medical Education Regulations 2023, as and when required. The Postgraduate Medical Education Board is empowered to issue advisories and clarifications as and when required. The National Steering Committee constituted under Section 5.2 (xv) (xii) to oversee the District Residency Programme (DRP) and will suggest practical ways in implementing District Residency Programme to achieve the objectives. 14. In view of the some confusions, a clarification was caused by the Post Graduate Medical Education Board vide public notice dated 10.4.2024. The same is extracted herein below. PUBLIC NOTICE Subject – Clarification on Post Graduate Medical Education Regulations – 2023 (PGMER- 23) National Medical Commission (NMC) had notified the Post Graduate Medical Education Regulations -2023 (PGMER-23) which was published in official Gazette on 1.1.2024. Post Graduate Medical Education Board, NMC has received request from stakeholders seeking clarifications on some of the provisions of PGMER-23. Accordingly, the doubts/queries raised by the various stakeholders have been duly examined and point-wise clarification is enclosed as Frequently Asked Questions (FAQs). 15. The aforementioned clarification came on the basis of a Frequently Asked Questions on Post graduate medical education regulations and as per clause 2, it has been clarified that for three (3) year course, a person must have taken a 751 days of 939 days. The said clarification reads as under: 2. If a post graduate student avails long leave, when they complete the course? When can they appear in the examination? A. For Three-Year Course : Total days in a three-year course will be 1095 days. So the total working days will be 939 days after deducting weekly offs (52x1 years=156 days). A student will require 80 percent attendance of working days (ie., 751 days of 939 days) for appearing in the examination. However, period of training will be extended by the same number of days for which maternity/paternity leave and total excess casual leave have been availed in two years. 16. A student will require 80 percent attendance of working days (ie., 751 days of 939 days) for appearing in the examination. However, period of training will be extended by the same number of days for which maternity/paternity leave and total excess casual leave have been availed in two years. 16. On comparison of the conditions caused by the impugned circular viz-a-viz the regulation of the notification, there is a stark difference of securing the attendance for the students undertaking the post graduate classes for sitting in the examination instead of having 80% of attendance as per the NMC guidelines to be 80% attendance in each academic year. 17. It is pertinent to mention here that the Post graduate course has three academic year. Reliance to one of the judgments by the University in W.A No.1125 and 1126 of 2019 decided on 11.4.2019 in our considered view, was a case where at the relevant point of time, the Regulation 2023 were not in force. Therefore the criteria fixed by the University was held to be compulsorily followed. We cannot shut our eyes to the adoption of Regulations 2023 by various Universities ie., Dr. NTR University of Health Sciences, Vijayawada, Andhra Pradesh and as well as Kaloji Narayana Rao University of Health Sciences, Warangal, Telangana where the eligibility candidates to appear for the PG examination was in tandem with the conditions prescribed under 2023 Regulations ie., 751 days of 939 days ie., 80% attendance of working days instead of 80% attendance of each academic year as per the impugned circular under challenge. 18. The learned Single Bench remained unmindful of the fact that the students are of Post graduate courses who are required to attend a particular stream by attending the patient like for eye care, surgery, psychiatric, Gastroenterology, urology and general medicine etc. It is a matter of record that most of the students have cleared and have come out with a flying colours. Thus the condition of 80% attendance in each academic year in our considered view is wholly preposterous and onerous for the students and against the provisions of the PGMER, 2023 which are having a binding force on all the Universities with whom the medical colleges are affiliated. 19. Thus the condition of 80% attendance in each academic year in our considered view is wholly preposterous and onerous for the students and against the provisions of the PGMER, 2023 which are having a binding force on all the Universities with whom the medical colleges are affiliated. 19. As an upshot of our findings, we find that the finding of the learned Single Bench holding that more attendance is required in fact is totally in defiance to the Regulations 2023 and therefore it cannot be permitted to sustain. Thus we set aside the judgment of the Single Bench and allow the writ appeals and quash the circular dated 22.5.2024. It is made clear that the students, who have cleared the examination of Post Graduation in terms of the interim order shall complete the training and thereafter will be awarded the degree and in case who have failed, will require to undertake the classes as per the eligible conditions of examination provided in the University Rules or the Regulations/ guidelines. We cannot also lose sight of the fact that the National Medical Commission has also supported the regulations in support of appellants/students in the counter.