HC interim relief: allows MBBS Student to attend classes

Bhopal: Claiming to have scored more than 40% in the theory exam, a first-year medical student approached the Madhya Pradesh High Court after being declared failed by the MP Medical Science University. On this, the court provided him interim relief and permitted him to attend second-year medical classes pending judgment. 

While passing the order, a bench of Justice S Dharmadhikari and Justice Anuradha Shukla issued notices to MP Medical Science University and the National Medical Commission in connection and has put the results on hold until a final decision is reached on the petition.

The petition was moved after the student claimed that he had obtained more than 40 marks in the theory examination required to pass the examination as per the guidelines set by the Apex Medical Commission.

Also read- NMC Revises CBME Guidelines, Modifies MBBS Exam Passing Criteria

Medical dialogues in 2023 reported that the Undergraduate Medical Education Board (UGMEB) of the National Medical Commission (NMC) modified the criteria for passing the MBBS examination. 

In the final CBME Curriculum Guidelines that were published by the Apex Medical Commission on August 01, 2023, in order to pass the subjects that have two papers, a student was required to secure a minimum of 50% of marks in aggregate (both papers together). 

However, modifying this rule, NMC reduced the minimum passing percentage to 40% and mentioned, "In subjects that have two papers, the learner must secure a minimum of 40% of marks in aggregate (both papers together) to pass in the said subject."

Advocate Aditya Sanghi appearing for the student argued that an NMC notification issued in August 2023 mandated a minimum of 40 marks in theory exams to pass, effective from August 1, 2023, for all MBBS students regardless of their batch. Therefore, he argued that the student met the criteria to be considered for passing.

As per a TOI news report, he said "The National Medical Commission (NMC) issued a notification in Aug 2023 in which the minimum marks to pass the exam were fixed at 40. The rule came into effect from Aug 1, 2023, irrespective of the batch of the student."

Following this, the court issued notices to both the respondents while allowing the student to attend classes for the next academic year.

Also read- Modified Passing Criteria Applicable for MBBS Exams Held only After September 1, 2023: NMC clarification