Delhi HC dismisses plea against NMC challenging maximum attempt to clear MBBS 1st year

A plea to challenge NMC's regulation which states that the student must clear 1st-year MBBS in a maximum of 4 attempts has been dismissed by the Delhi high court.

Delhi high court has dismissed a plea that challenged the National Medical Commission (NMC) regulation which prescribes that an MBBS student must clear the first-year exams in a maximum of four attempts.

A bench headed by Chief Justice Satish Chandra Sharma observed that medicine is a noble profession and doctors serve the general public at large. The bench said the rules must ensure only individuals with the inclination and requisite calibre are made medical professionals, as reported by NDTV.

“Considering that medicine is a noble profession and that a doctor serves the general public at large, the Government must have rules and regulations that ensure that only individuals with the inclination coupled with the requisite calibre are made medical professionals,” said the bench, also comprising Justice Subramonium Prasad, in the order dated November 17.

The court added that a candidate does not have the right to take an examination any number of times. “The legislature was well within its power to apply the impugned regulation even if the students had taken admission prior to the enactment of the legislation....the petitioners did not have a legitimate expectation to get infinite opportunities to qualify in the medical examination. It cannot be said that the number of attempts that can be taken by a candidate to clear an examination cannot be curbed. There cannot be a right to attempt any examination any number of times,” said the court.

“It is evident that the impugned regulations have been notified after careful thought and deliberation, and do not attract the vice of arbitrariness. It cannot be said that a candidate has a right to take an examination any number of times and the regulating authority cannot put a cap on the number of attempts and such a cap is put on the candidate takes away any right of a candidate,” it further said.

About Petitioners

The petitioners were some MBBS students who had exhausted their four attempts and sought another chance to take the examinations. The petitioners challenged Regulation 7.7 of 'Regulations on Graduate Medical Education (Amendment), 2019' on the ground that it can not be applied retrospectively as they had enrolled in their respective medical colleges prior to its issuance.

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