MBBS : "4 Attempts Not Good Enough?", Supreme Court Dismisses Challenge To NMC Regulation Capping Number Of Attempts For First Year Exam
The Supreme Court on Friday dismissed a bunch of petitions challenging the regulation introduced by the National Medical Commission in 2019 which limited the number of attempts to clear the first year examination as four. Before the introduction of this regulation, there was no limit.A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala heard...
The Supreme Court on Friday dismissed a bunch of petitions challenging the regulation introduced by the National Medical Commission in 2019 which limited the number of attempts to clear the first year examination as four. Before the introduction of this regulation, there was no limit.
A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala heard the matter.
"Four attempts are not good enough?", CJI Chandrachud asked the petitioners' counsel. The counsel replied that the challenge was only to the retrospective application of the regulations, which were brought in November 2019, to the batch which commenced from June 2019.
"There is no law point in this", CJI stated. The counsel argued that the regulations are contrary to the Section 19A of the Indian Medical Council Act. He pointed out that earlier regulations allowed unlimited attempts. When the new regulation was proposed, the initial proposal was to apply it only from the batch starting from 2020-21. Therefore, its application to 2019-2020 batch was challenged. The counsel also cited the disruptions in classes during the pandemic period to seek indulgence of the Court.
Senior Advocate PS Patwalia, appearing for another petitioner, submitted that the regulation was notified on 06.11.2019, but it was applied for students who had joined in June 2019. The retrospective application is contrary to the Supreme Court's judgment in Vatika Ownership case which held that a newly introduced restriction can apply only prospectively, he argued.
"You still get 4 attempts", CJI told. Patwalia highlighted that the intervention of COVID makes the petitioners' case for indulgence stronger. He pointed out that the Kerala High Court has passed an interim order protecting students of 2019-2020 batch from coercive actions on compassionate grounds.
"That is absolutely misplaced sympathy", CJI observed. "We will not interfere. There is no law point at all. Nothing. We will not entertain", CJI added while dismissing the petitions. There were three special leave petitions and one writ petition in the batch. Day before yesterday also, the CJI had expressed disapproval of the plea, when the matter was mentioned before him for urgent listing.
"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?", CJI had commented.
In November 2022, the Delhi High Court had dismissed a batch of petitions challenging this regulation.
In 2019, the Regulations on Graduate Medical Education (Amendment) 2019 was passed to amend the Regulations on Graduate Medical Education, 1997. The regulation in question is Regulation 7.7 which reads as follows :
"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."
Case Title : Sachin and others versus Union of India SLP(C) No. 22716/2022, W.P.(C) No. 1122/2022, SLP(C) No. 24055/2022 and SLP(C) No. 2886/2023