SC issues notice on plea challenging NMC regulations limiting number of MBBS Prof exam attempts

New Delhi: While considering the plea which challenged the amendment to Regulations of Graduate Medical Examination 1997 limiting the number of attempts to clear the first year MBBS exam, the Supreme Court on Wednesday has issued notice in the matter.

The matter was considered by the top court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha, who listed the matter for further hearing in the second week of January.

Filing the plea, the petitioner MBBS students have challenged the Regulation 7.7 of Regulations on Graduate Medical Education (Amendment), 2019, which was earlier upheld by the Delhi High Court bench.

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."

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."

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

However, challenging the HC order, recently five specially-abled MBBS Students, who were admitted to various medical colleges in the academic year 2019-20, recently 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).

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.

"The regulations are discriminatory in retrospective implementation i.e. having different yardsticks for students admitted in different years," stated the plea.

Further the plea pointed out that while the students of 2018-2019 batch has no limit on maximum number of attempts for clearing the first professional examination, the students from the academic year 2019-2020 onwards only have four attempts to clear the test.

Submitting that all the petitioners are Persons with Disabilities and the amended regulations would close the doors to them for being independent and earn their livelihood as a medical professional, the plea added, "The High Court has ignored the duty of educational institutions provided under Section 16 of the as per which the appropriate Government and the local authorities shall endeavour that all educational institutions funded or recognised by them provide inclusive education to the children with disabilities and towards that end shall monitor participation, progress in terms of attainment levels and completion of education in respect of every student with disability."