NMC gives 1 more attempt to MBBS students who could not clear their first prof exam
New Delhi: In a major relief to MBBS students who could not clear their first professional MBBS examination within the first four attempts according to the rules, the National Medical Commission (NMC) has now allowed a mercy attempt for them as a one-time measure.
This relief has been provided to the MBBS students who had been admitted to the medical colleges during the academic year 2019-2020 and who could not clear their first-year MBBS examination within the first four attempts.
The Apex medical commission has taken this decision in compliance with the direction issued by the Union Ministry of Health and Family Welfare on 02.05.2023.
Issuing a circular in this regard, NMC Secretary Dr. Pulkesh Kumar mentioned, "In compliance to the direction dated 02.05.2023 issued by Ministry of Health & Family Welfare in the above matter, National Medical Commission hereby allow one additional attempt (5th attempt) to such MBBS students who were admitted in medical colleges during the academic year 2019-20 and could not pass their first professional MBBS examination."
However, NMC has clarified that this relief has been granted only as a one-time measure. In this regard, the Circular dated May 12, 2023 mentioned, "This shall be a one-time measure and may not be treated as a precedence for future."
According to 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."
Some of the MBBS students of 2019-2020 batch had approached the Delhi High Court and the Supreme Court seeking additional attempts to clear the examination and they had also challenged Regulation 7.7.
Medical Dialogues had earlier reported that the Delhi High Court division bench headed by Delhi Chief Justice Satish Chander and Justice Subramonium Prasad had upheld the Regulation 7.7 of Regulations on Graduate Medical Education (Amendment), 2019 by NMC and denied providing relief to the petitioners.
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).
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, 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.
While considering the matter, the Supreme Court bench had slammed the students while expressing its disappointment with the petitioners. CJI had expressed his disappointment with the petitioner students and noted, "We are only cutting corners for education. These are doctors – four times you failed and then you want to appear again. Do your work instead of doing all of this, coming to courts for all this. Nowehere in the world would this be permitted. What kind of doctors are we going to produce?"
To view the NMC Circular, click on the link below:
https://medicaldialogues.in/pdf_upload/nmc-circular-209573.pdf
Also Read: MBBS Students approach SC challenging NMC Regulations capping Attempts Of MBBS Prof Exams
