MBBS : Supreme Court Issues Notice On Plea Challenging NMC Regulations Limiting Number Of Exam Attempts

The Supreme Court on Wednesday(December 14) issued notice in a plea filed by five specially-abled MBBS students seeking to set aside a Delhi High Court order upholding the retrospective application of the amendment to Regulations of Graduate Medical Examination 1997. The matter was heard by a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha. 

In 2019, the Regulations on Graduate Medical Education (Amendment) 2019 were passed to amend the Regulations on Graduate Medical Education, 1997. The amended regulations 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."

It is important to note that earlier there were no restriction on number of attempts for the said examination. However, after the regulations were passed, the number of attempts were restricted to four to clear first professional university exams. Consequently, the names of the petitioner students were struck off from their respective Medical colleges/universities.

As per the petition, the amended Regulations were implemented without complying with the provisions of Section 19A of the Indian Medical Council Act, 1956 which mandates that Copies of the draft regulations and of all subsequent amendments have to be furnished by the Council to all State Governments. Further, the Council, before submitting the regulations or amendments to the Central Government for sanction, has to take into consideration the comments of any State Government received within three months from the furnishing of copies.

The petition adds that–

"The regulations are discriminatory in retrospective implementation i.e. having different yardsticks for students admitted in different years."

It states that while the students admitted in MBBS courses until academic year 2018-19 have no limit on maximum number of attempts to clear the first professional examination, students from academic year 2019- 20 onwards would have a limit of four times on the same.

The Petitioners, who are all Persons with Disabilities have also submitted that the application of the amended regulations on them would result in closing the doors for the Petitioners to become independent and earn their livelihood as a medical professional. The petition adds–

"The High Court has ignored the duty of educational institutions provided under Section 16 of the as per which the appropriate Government and the local authorities shall endeavour that all educational institutions funded or recognised by them provide inclusive education to the children with disabilities and towards that end shall monitor participation, progress in terms of attainment levels and completion of education in respect of every student with disability."

While stating that the courses of the petitioners had commenced in September, 2019 onwards, the petition has also highlighted that due to the outbreak of the Covid 19 and subsequent lock down, the colleges were closed down in March 2020. Thus, much of the education for petitioners was imparted through virtual classes. It stated–

"Most of the petitioners are hailing from smaller cities and villages in Haryana where the studies of students were adversely affected due to poor network coverage issues. Heavy reliance on virtual classes with minimal in person interaction with faculty affected the completion of syllabus and also caused severe mental stress and strain to the Petitioners, who are otherwise also physically disabled persons and could not cope with such trauma. The petitioners were demotivated and some of them even went into depression. The Hon'ble High Court has ignored that the Petitioners are persons with disabilities who atleast deserve a mercy chance in the form of an additional examination attempt."

Accordingly, the petitioners have challenged the Delhi High Court order. The Supreme Court has issued notice in the same. The case will now be listed in the second week of January.

CASE TITLE: Sachin and Ors. v. Union of India and Ors. | SLP(C) No. 22716/2022 XIV & Vijaydan Karshandan Gadhavi And Ors. v. NMC And Anr. | WP(C) No. 1122/2022