New Delhi: Taking note of the fact that the Delhi High Court has already given its verdict on the plea challenging the National Medical Commission rules capping the number of attempts to clear the first year MBBS exams, the Supreme Court on Monday refused to entertain a petition seeking the transfer of petitions filed in this regard before different High Courts across the country.
The plea filed before the Supreme Court sought transfer of petitions filed in High Courts of Delhi, Rajasthan, Kerala, Karnataka and Telangana. However, the top court bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli refused to entertain the pleas as it noted that the Delhi High Court has already upheld the rules of the Apex medical commission, NMC that had limited the number of attempts to clear the first year of MBBS courses to four.
had recently reported that the Delhi High Court division bench headed by Delhi Chief Justice Satish Chander and Justice Subramonium Prasad upheld the Regulation 7.7 of Regulations on Graduate Medical Education (Amendment), 2019 by NMC and denied providing relief to the petitioners who had sought relief from the HC bench after exhausting all the four attempts to clear the MBBS first-year examination.
Also Read: Delhi HC upholds NMC Regulations, refuses to Cap Attempts Of MBBS Prof Exams
As per the concerned Regulation 7.7 of Regulations on Graduate Medical Education (Amendment), 2019, "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."
Similar petitions have been filed before the High Courts of Rajasthan, Kerala, Karnataka and Telangana. As per the latest media report by Live Law, the plea before Supreme Court sought transfer of these petitions to the Supreme Court. The counsel for the petitioners argued before the top court bench that gthe issue concerned a large number of medical students across the country and that the views expressed by the High Courts are contradictory in nature.
In this regard, the petitioners' counsel informed the Apex Court bench that while the Delhi High Court has directed to follow the Regulation 7.7 in letter and spirit, the Karnataka High Court has expressed liberal view and allowed students to appear for exams ever after four attempts. Meanwhile, the Rajasthan High Court has adjourned the matter without issuing any interim order.
Earlier, had reported that agreeing to consider the matter, the Kerala High Court had issued interim protection to the students and had directed the authorities not to take any coercive action against the concerned students as long as the matter was being considered by the court.
Further, the counsel for the petitioners submitted that if the 2019 NMC regulations were applied retrospectively to batches that commenced before 2019, it would result in grave hardship, especially considering the fact that the courses had been disrupted during the COVID-19 pandemic period.
After taking note of the submissions, the top court bench inquired about the petitioners. Responding to this, the counsel for the petitioners informed that three of the petitioners have filed their pleas before the High Court of Rajasthan and one of them have approached the Delhi High Court.
However, the bench noted that the Delhi High Court has already passed an order in this regard. Taking note of this, the bench opined that when the Delhi HC has already decided the matter, there is no question of transferring the matter to the Supreme Court.
Suggesting the petitioners to pursue their remedy before the Rajasthan High Court, the Apex Court bench further clarified that transferring these pleas to one single High Court will cause hardship to the students.
"Look how hard it will be.... if we transfer the petition to Kerala, the students from villages in Rajasthan, will they be able to pursue before the Kerala High Court? Or if we transfer to Rajasthan, can students from Kerala pursue the matter in Rajasthan?", CJI Chandrachud asked.
It was also clarified by the bench that the Supreme Court can decide the matter if any of the special leave petitions were filed against the judgment of the Delhi High Court. Since the petitioners' counsel sought liberty to withdraw the transfer petition, the bench dismissed the plea as withdrawn.
To view the order, click on the link below:
https://.in/pdf_upload/sc-order-191795.pdf
Also Read: Kerala HC to decide on NMC Restrictions on capping Attempts of MBBS prof exams