'No Vested Right Of Infinite Chances To Complete MBBS Degree': Delhi HC Upholds NMC Regulation Capping Number Of Attempts To 4 In First Year

Upholding the regulation issued by National Medical Commission (NMC) limiting the number of attempts for candidates to pass their first year (first professional examination) in MBBS course to four, the Delhi High Court has said that there cannot be a right to attempt an examination any number of times.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed a batch of pleas filed by candidates who had exhausted the limit but still could not succeed.

In light of the said regulation, the candidates were prohibited from writing the exams again. The candidates thus sought another chance on the ground that they had suffered immensely during the COVID-19 pandemic.

The candidates had moved High Court challenging Regulation 7.7 of Regulations on Graduate Medical Education (Amendment), 2019 issued by NMC on November 4, 2019. As per the said regulation, it was stated that no more than four attempts shall be allowed for a candidate to pass the first Professional examination.

"The total period for successful completion of the first Professional course shall not exceed four (4) years. Partial attendance of examination in any subject shall be counted as an attempt," according to the regulation.

Dismissing the pleas, the court said that the petitioner candidates had "failed to dislodge the presumption of constitutionality" existing in favour of the impugned regulation. The bench added that the candidates do not have any vested right to secure a medical degree and hence, the regulation can be applied retrospectively.

"Lastly, it has also been determined that the Petitioners do not have a legitimate expectation to either get a degree or get another attempt. Even if it is determined that such a legitimate expectation exists, which according to this Court does not exist, in the absence of abuse of power, and keeping in line with the policy of the State, this Court finds no reason to interfere with the Impugned Regulation on the basis of this ground," the court said.

Observing further that the petitioners do not have a legitimate expectation to get infinite opportunities to qualify in the examination, the court said:

"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."

The court also observed that since medicine is a noble profession and 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."

The bench further observed that it cannot be said that a candidate has a right to take an examination any number of times and that the regulating authority cannot put a cap on the number of attempts and such a cap which is put on the candidate takes away any right of a candidate.

"In light of the above, this Court does not find any occasion to interfere with the Impugned Regulations. Accordingly, the Writ Petitions are dismissed, along with pending application(s), if any," the court said.

Title: SACHIN AND OTHERS v. UNION OF INDIA AND OTHERS

Citation: 2022 LiveLaw (Del) 1100

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