Gauhati High Court Dismisses Plea Seeking To Resume MBBS Course After 13 years Gap Caused By Road Accident Injuries

The Gauhati High Court recently dismissed a petition filed by a person, who had taken admission in the MBBS Course at Gauhati Medical College in 2009-2010 but could not attend classes and appear in the examination due to his prolonged illness. The petitioner wanted to resume his studies after a gap of over 13 years.

Justice Lanusungkum Jamir said the court can't permit the petitioner to be admitted to the First year MBBS course for the next or immediate semester. The court noted that since the petitioner did not appear in any examinations, the Gauhati University has no record with regard to his registration.

"What is noticed is that it is almost 13 years after the petitioner took his admission in the First year MBBS course for the Session 2009-2010. Permitting the petitioner to be admitted in the next semester for the Session 2023- 2024 would amount to depriving the candidates who have already been selected for the same," the court said.

The petitioner was admitted in the First year MBBS Course at Gauhati Medical College for the Session 2009-2010 and paid all the necessary fees in connection with his admission. He submitted that he met with an accident and sustained vehicular injury and, thereafter, he was suffering from psychosomatic disorders and tuberculosis for which he could not regularly attend his classes.

It was further stated that after recovery from his ailments, he submitted a representation dated February 11, 2020, before the Academic Registrar of Gauhati University through the Principal of Gauhati Medical College seeking permission to resume his studies.

However, the representation was rejected by the Academic Registrar, Gauhati University by letter dated March 03, 2020 stating that after the admission of the petitioner in MBBS Course in 2009-2010, registration was not done in Gauhati University and there is no record in the Gauhati University about his admission in the course, thus, the University cannot allow him to resume his studies in the MBBS course, 2009-2010.

Hence, the petitioner approached the High Court by way of the present writ petition.

The counsel appearing for the petitioner submitted that the chain of unfortunate events which took place from 2010 to 2019 were beyond the control of the petitioner and the respondents cannot deprive him from finishing his MBBS course purely on technicalities and if he is not allowed to complete his studies, tremendous prejudice would be caused to him as the he does not possess the requisite age to again appear in the medical examinations.

The counsel appearing for the National Medical Commission apprised the court that under the Graduate Medical Education Regulations, 1997 (as amended), for a learner, who has joined the MBBS course prior to the year 2019-2020 Academic Session, there is no bar in completing the MBBS course. However, for a student, who has enrolled after 2019-2020 Academic Session, there is a cap for 10 years for completing the MBBS course, the counsel said.

Hence, it was submitted that in respect of the petitioner, there is no outer limit for the petitioner to complete his MBBS course provided that he has enrolled and started pursuing his studies prior to 2019.

However, the counsel appearing for Assam Health Department submitted that the petitioner  cannot be permitted to resume his MBBS course in view of his earlier selection. "If the petitioner is admitted in the First year MBBS course in the next/immediate semester, he would be depriving some deserving candidates from getting admission and, therefore, the petitioner cannot be admitted," it was argued.

Case Title: Sheikh Nekibuddin Ahmed v. The Principal Secretary, Health and Family Welfare Department, Government of Assam & 6 Ors.

Coram: Justice Lanusungkum Jamir

Click Here to Read/Download Judgment