"4 times you failed, then you want to appear again": CJI slams medicos for challenging NMC Regulations capping Attempts Of MBBS Prof Exams

Medical Dialogues had earlier reported that the Delhi High Court division bench headed by Delhi Chief Justice Satish Chander and Justice Subramonium Prasad upheld the Regulation 7.7 of Regulations on Graduate Medical Education (Amendment), 2019 by NMC and denied providing relief to the petitioners who had sought relief from the HC bench after exhausting all the four attempts to clear the MBBS first-year examination.

While considering the plea, the HC bench of Delhi Chief Justice Satish Chander and Justice Subramonium Prasad had noted that "it is evident that this Court does not have wide ranging powers to review policies under the ground of legitimate expectation. In the case at hand, as already discussed, the Petitioners did not have a legitimate expectation to get infinite opportunities to qualify in the medical examination."

However, challenging the HC order, last year five specially-abled MBBS Students, who were admitted to various medical colleges in the academic year 2019-20, moved to the Supreme Court and challenged the amendment to Regulations of Graduate Medical Examination 1997 by the National Medical Commission (erstwhile Medical Council of India).

Also Read: MBBS Students approach SC challenging NMC Regulations capping Attempts Of MBBS Prof Exams

The petitioner students argued that the amended Regulations had been implemented without complying with the provisions of Section 19A of the Indian Medical Council Act, 1956. As per the 1956 Act, the Copies of the draft regulations and all the subsequent amendments have to be furnished by the Council to the State Governments. It also mandates that before submitting the regulations or amendments to the Union Government for its nod, the Council has to consider the comments of any State Governments received within a duration of three months from the furnishing of copies.