NMC Regulations capping Attempts Of MBBS Prof Exams challenged, HC seeks response from Centre, Medical Colleges
The plea stated that impugned Regulations were notified on November 4, 2019, and have restricted the maximum number of attempts to four to clear the first professional university exams.
New Delhi: The Delhi High Court on Friday sought responses of the Central government and three medical colleges of Haryana on a petition moved by five specially abled MBBS students challenging regulations of the National Medical Commission (NMC).
The plea stated that the petitioners 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).
The bench of Justice Satish Chander Sharma and Justice Yashwant Varma on Friday sought response of the Centre through Ministry of Social Justice & Empowerment, National Medical Commission and three medical colleges and listed the matter for October 7, 2022.
The plea stated that impugned Regulations were notified on November 4, 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 appeared for Petitioners. The petition has 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 them on a different footing.
Advocate Jeetender Gupta had earlier also represented one Petitioner 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 plea stated that the Impugned Regulation No. 7.7 of Regulations on Graduate Medical Education (Amendment), 2019 dated 04.11.2019 issued by the National Medical Commission is ultra vires Article 14, 19(l)(g) and 21 of the Constitution of India.
The plea further stated that the Respondents have failed to ensure the implementation of provisions of the Rights of Persons with Disabilities Act 2016 in letter and spirit.
The petitioners are all persons with disabilities who secured a seat in MBBS Course despite their disabilities. The impugned action of Respondents shall close the doors for the Petitioners to become independent and earn their livelihood as medical professionals.
The impugned regulations cannot be implemented with retrospective effect as the same was never in force, at the time of admission of the Petitioners. The Respondents have erred in hastily implementing the amended regulations with retrospective effect, as once the admission process has concluded with the given criteria for admission, the rules & regulations cannot be unilaterally & arbitrarily changed at the last moment, to affect the eligibility of a set of candidates to complete the same course, read the plea.
