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

New Delhi: After their petition got dismissed by the Delhi High Court, five specially-abled MBBS Students have now moved to the Supreme Court. The  petitioner medicos, who were admitted to various medical colleges in the academic year 2019-20, have challenged the amendment to Regulations of Graduate Medical Examination 1997 by the National Medical Commission (erstwhile Medical Council of India).

A writ petition was preferred by these students before the High Court of Delhi was dismissed. 

Medical Dialogues had earlier reported that passing an order in this regard on November 17, 2022, the Delhi HC division bench headed by Delhi Chief Justice Satish Chander and Justice Subramonium Prasad denied 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.

They sought a direction for setting aside Regulation 7.7 of Regulations on Graduate Medical Education (Amendment), 2019 by NMC as being ultra vires to Article 14, 19(1)(g) and 21 of the Constitution of India.

As per the concerned Regulation 7.7 of Regulations on Graduate Medical Education (Amendment), 2019, "No more than four attempts shall be allowed for a candidate to pass the first Professional examination. The total period for successful completion of first Professional course shall not exceed four (4) years. Partial attendance of examination in any subject shall be counted as an attempt."

Also Read:SC issues notice to Centre on plea by MBBS aspirant with learning disability seeking admission

They have now challenged the same before Supreme Court. The matter is listed Wednesday today before the bench headed by the Chief Justice of India, reports ANI.

The impugned Regulations were notified on 04.11.2019 and have restricted the maximum number of attempts to four to clear the first professional university exams. Consequently, the names of these students had been struck off from their respective Medical colleges/universities.

Advocate Jeetender Gupta representing the petitioner said, "they have challenged the impugned Regulations and consequent actions, on the grounds that subordinate legislation cannot be implemented retrospectively and arbitrarily while differentiating various batches. The Petitioners have also referred to provisions of the Rights to Persons with Disabilities Act 2016, which put the Petitioners on a different footing".

Advocate Jeetender Gupta had earlier also represented Petitioner No.1 Sachin before the Supreme Court in the year 2018. His admission to the MBBS course was granted only subsequent to the directions of the Supreme Court.

The Delhi High Court recently dismissed a batch of petitions, saying that the Petitioners have failed to dislodge the presumption of constitutionality existing in favour of the Impugned Regulation.

Furthermore, the court noted that the Petitioners do not have any vested right to secure a medical degree, hence, the Impugned Regulation can be applied retrospectively. It has also been determined that the Petitioners do not have a legitimate expectation to either get a degree or get another attempt.

Delhi High Court ordered, "Even if it is determined that such a legitimate expectation exists, which according to this Court does not exist, in the absence of an abuse of power, and keeping in line with the policy of the State, this Court finds no reason to interfere with the Impugned Regulation on the basis of this ground".

"In light of the above, the Court does not find any occasion to interfere with the Impugned Regulations. Accordingly, the Writ Petitions are dismissed," Delhi HC court ordered.

Also Read:Delhi HC upholds NMC Regulations, refuses to Cap Attempts Of MBBS Prof Exams