Karnataka High Court
Anikethan R vs The State Of Karnataka on 23 February, 2026
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WP No. 37637 of 2025
C/W WP No. 37159 of 2025
WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 37637 OF 2025 (EDN-RES)
C/W
WRIT PETITION NO. 37159 OF 2025 (EDN-RES)
WRIT PETITION NO. 37164 OF 2025 (EDN-EX)
WRIT PETITION NO. 38093 OF 2025 (EDN-RES)
WRIT PETITION NO. 38249 OF 2025 (EDN-RES)
WRIT PETITION NO. 38797 OF 2025 (EDN-RES)
IN WP No. 37637/2025
BETWEEN:
1. NAVYA
Digitally signed D/O SURYA PRAKASH G
by KIRAN
KUMAR R AGED ABOUT 21 YEARS
Location: HIGH R/AT GM INFINITE E-CITY TOWNSHIP
COURT OF PHASE II, 2ND FLOOR,
KARNATAKA
ELECTRONIC CITY
BENGALURU-560 100.
REG NO-20M7012
2. AISHWARYA PATIL
S/O SIDDALINGAPPA PATIL
AGED ABOUT 22 YEARS,
R/AT BASAVESHWARA COLONY
OPP: LITTLE ANGEL SCHOOL
RAICHUR-584 10, REG NO-20M5380
-2-
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HC-KAR AND 3 OTHERS
3. MR PRAJWAL JOGAR
S/O VITHOBA JOGAR
AGED 25 YEARS
R/AT KAMALAMMA GUDI ONI,
TUMMINAKATTI,
HAVERI-581 119.
REG NO - 20M6800
4. ROHIT
S/O HUSANAPPA,
AGED 25 YEARS,
R/AT NO MIG-20,
2ND PHASE, ADARSH NAGAR
NEAR RING ROAD,
KALABURGI 585 105
REG NO. 21M5311
5. GURU S H
S/O SHARANA BHUPALAREDDY,
AGED 22 YEARS,
NEAR DYAVAMMA TEMPLE,
NAIKAL, YADGIR-585 319.
REG NO 21M8031
6. DINESH REDDY
S/O VEERENDRA REDDY,
AGED ABOUT 23 YEARS
BEHIND NEW TOWN
R/ATNO 8-9-386/A,
GURU NANAK COLONY
BEHIND NEW TOWN POLICE STATION,
BIDAR 562 101.
REG NO 19M5621
7. H SYED FARAZ
S/O H SYED BILAL
AGED ABOUT 24 YEARS
R/AT RAHAMANIYA SAW MILL
KELAGINA KERI SHIRALAKOPPA
SHIVAMOGGA - 577 428.
REG NO 19M2911
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C/W WP No. 37159 of 2025
WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
8. SINDHOORA S
D/O SATHYENDRA SALIAN B
AGED ABOUT 24 YEARS,
R/AT 2-23/31, 2ND MAIN, 2ND CROSS,
MARUTHINAGARA,
MANGALURU,
DAKSHINA KANNADA-575 019
REG NO 19M4176
9. RUSHABH R
S/O RAMAKRISHNA
AGED 23 YEARS,
R/AT EWS-23, NIJALINGAPPA COLONY,
NEAR WATER TANK, WARD NO.5,
RAICHUR-584 101.
REG NO 22M3225
10. OJAS N S
S/O SUNDARESH N S
AGED ABOUT 21 YEARS,
R/AT 5450/B-18, BANASHANKARI LAYOUT,
VIDYANAGAR,
DAVANAGERE-577 005.
REG NO 22M3981
11. JISHAN ATHANI
S/O RIYAZ,
AGED ABOUT 21 YEARS,
R/AT SUDANGIRI ROAD,
SADHUNGUDI ROAD,
MAHALINGAPUR,
BAGALKOT-587 312.
REG NO-22M0083
12. MANSI RAJENDRA JAIN
D/O RAJENDRA YALLAPA JAIN
AGED ABOUT 23 YEARS,
RESIDING AT NO 82/B,
LAXMI GALLI MANNUR,
BELGAUM-591128
REG NO-22M6501
-4-
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HC-KAR AND 3 OTHERS
13. AAYUSH SANDEEP KHANDEKAR
S/O SANDEEP KHANDEKAR
AGED ABOUT 21 YEARS
PLOT NO. 62, THIRD CROSS,
BHAGYANAGAR,
BELAGAVI-590006
REG NO-22M2576
14. ROHIT KUMAR
S/O BASU RATHOD
AGED 22 YEARS
R/O SUSHRUTHA BOYS HOSTEL,
BELAGAVI INSTUTE OF MEDICAL SCIENCES,
SADASHIV NAGAR,
BELAGAVI-590019
REG NO-22M2680
15. SUDEEP PRADEEP RAIKAR
S/O PRADEEP RAIKAR,
AGED 22 YEARS
TONDIKATTI.
VTC: TONDIKATTI, PO: TONDIKATTI
TALUK: RAMDURG.
BELGAUM-591130
REG NO 22M2711
16. MUSTAFA DHARWADKAR
S/O MUTUBSAB DHARWADKAR
AGED ABOUT 21 YEARS,
R/AT NO. 12/A RAVIWAR PETH LONDA,
BELGAUM
KARNATAKA - 591301
REG NO - 22M2645
...PETITIONERS
(BY SRI. PRADEEP PATIL., ADVOCATE)
AND:
1. NATIONAL MEDICAL COMMISSION (NMC)
POCKET-14, SECTOR-8,
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C/W WP No. 37159 of 2025
WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
DWARKA PHASE-I,
NEW DELHI - 110077.
REPRESENTED BY ITS SECRETARY
2. UNDER-GRADUATE MEDICAL EDUCATION BOARD,
AN AUTONOMOUS BOARD UNDER THE NATIONAL
MEDICAL COMMISSION (NMC),
POCKET-14, SECTOR-8, DWARKA PHASE-I,
NEW DELHI 110077.
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA,
MINISTRY OF HEALTH AND FAMILY WELFARE,
NIRMAN BHAWAN,
NEW DELHI - 110011.
BY ITS SECRETARY
4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK,
JAYANAGAR,
BENGALURU 560041.
REPRESENTED BY THE REGISTRAR
5. STATE OF KARNATAKA,
DEPARTMENT OF MEDICAL EDUCATION,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU 560001.
REPRESENTED BY ITS PRINCIPAL SECRETARY
6. KARWAR INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH HOSPITAL,
M.G ROAD, KARWAR 581301.
BY ITS DEAN/PRINCIPAL
7. J.J.M MEDICAL COLLEGE AND HOSPITAL,
MEDICAL COLLEGE ROAD,
MCC B BLOCK,
KUVEMPU NAGAR
DAVANGERE - 577004.
BY ITS DEAN/PRINCIPAL
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C/W WP No. 37159 of 2025
WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
8. BELGAUM INSTITUTE OF MEDICAL SCIENCES
SADASHIV NAGAR,
BELAGAVI-590019
BY ITS DEAN/PRINCIPAL
9. SRINIVAS INSTITUTE OF MEDICAL SCIENCES
MUKKA SURATKAL,
MANGALURU-574146.
REPRESENTED BY ITS DEAN/PRINCIPAL
10. SUBBAIAH INSTITUTE OF MEDICAL SCIENCES,
NH13, HONNUR ROAD,
HOLEY, PURLE, SHIMOGA - 577222
REPRESENTED BY ITS DEAN/PRINCIPAL
11. NAVODAYA MEDICAL COLLEGE HOSPITAL AND
RESEARCH CENTRE,
POST BOX NO. -26,
MANTRALAYAM ROAD,
NAVODAYA NAGAR, RAICHUR - 584 103.
REPRESENTED BY ITS DEAN/PRINCIPAL
12. BANGALORE MEDICAL COLLEGE
K R ROAD, KALASIPALYA,
BANGALORE-560002
REPRESENTED BY ITS DEAN/PRINCIPAL
13. MMRC MEDICAL COLLEGE
KUVEMPU NAGAR
KALABURGI- 585105
REPRESENTED BY ITS DEAN/PRINCIPAL
14. OXFORD INSTITUTE OF MEDICAL COLLEGE
YADAVANAHALLI, ATTEBELLE,
ANEKAL TALUKA,
BANGALORE RURAL - 562107
REPRESENTED BY ITS DEAN/PRINCIPAL
15. S S INSTITUTE OF MEDICAL COLLEGE
SOG COLONY,
SRIRAM NAGAR,
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C/W WP No. 37159 of 2025
WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
DAVANGERE - 577005
REPRESENTED BY ITS DEAN/PRINCIPAL
...RESPONDENTS
[BY SRI. H.R. SHOWRI, ADVOCATE FOR R1 (VK NOT FILED)
SMT. MAMATHA KULAKARNI, ADVOCATE FOR R4
SRI. MANJUNATH K., HCGP FOR R5
SRI. MUKUND PRASAD, ADVOCATE FOR R2, R3
DSGI FOR R3 (MA NOT FILED)
SRI. PRAJWAL SATYA PRAKASH, ADVOCATE FOR R6
V/O DATED 12.02.2026 NOTICE TO R6 TO R15 D/W AT
THE RISK OF PETITIONERS
SRI. MOHAMMED AYUB ALI, ADVOCATE FOR R12]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF DECLARATION OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION DECLARING THAT REGULATION
7(7) OF THE GRADUATE MEDICAL EDUCATION REGULATIONS,
2019 VIDE ANNEXURE-B AND THE PROVISO TO REGULATION
21 OF THE GRADUATE MEDICAL EDUCATION REGULATIONS,
2023 VIDE ANNEXURE B1 BOTH IMPOSING A FOUR ATTEMPT-
LIMIT/ FOUR YEAR LIMIT AND MANDATING AUTOMATIC
CESSATION OF MBBS STUDIES ARE ARBITRARY,
UNCONSTITUTIONAL, VIOLATIVE OF ARTICLES 14, 15,
19(1)(g), 21, 21A, 41 AND 46 OF THE CONSTITUTION OF
INDIA, AND THEREFORE VOID AND UNENFORCEABLE AND B.
ISSUE A WRIT OF CERTIORARI QUASHING REGULATION 7(7)
OF GRADUATE MEDICAL EDUCATION REGULATIONS, 2019
VIDE ANNEXURE-B AND THE PROVISO TO REGULATION 21 OF
GRADUATE MEDICAL EDUCATION REGULATIONS, 2023, VIDE
ANNEXURE-B1, BOTH ISSUED BY THE RESPONDENT NO.1,
INSOFAR AS THEY PRESCRIBE A FOUR-ATTEMPT/FOUR-YEAR
LIMIT FOR PASSING THE FIRST PROFESSIONAL MBBS
EXAMINATION AND MANDATE CESSATION OF STUDIES UPON
FAILURE AND ETC;
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C/W WP No. 37159 of 2025
WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
IN WP NO. 37159/2025
BETWEEN:
ANIKETHAN R
S/O RAMESH S
AGED ABOUT 22 YEARS
MBBS 1ST YEAR, SUBBAIAH MEDICAL COLLEGE
SHIMOGA - 577 201
KARNATAKA
RESIDING AT:
3RD MAIN, 1ST CROSS
PRIYADARSHINI LAYOUT
SHIMOGA 577204
...PETITIONER
(BY SRI. RAGHAVENDRA G GAYATRI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
105, 1ST FLOOR SECRETARIAT BUILDING
VIKASA SOUSHA
BENGALURU 560001
2. THE DIRECTOR OF MEDICAL EDUCATION
REPRESENTED BY ITS DIRECTOR
1ST FLOOR, FORT, K R ROAD
BENGALURU 560002
3. THE KARNATAKA EXAMINATION AUTHORITY
REPRESENTED BY ITS EXCUTIVE DIRECTOR
SAMPIGE ROAD
18TH CROSS, MALLESHWARAM
BANGALORE 560012
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C/W WP No. 37159 of 2025
WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR
4TH T BLOCK, JAYANAGAR
BANGALORE 560041
5. SUBBAIAH INSTITUTE OF MEDICAL SCIENCE
REPRESENTD BY ITS PRINCIPAL
NH-13, PURLE, H H ROAD
SHIMOGA 577201
6. NATIONAL MEDICAL COMMISSION
POKET-14, SECTOR-8
DHWARAKA PHASE 1
NEW DELHI - 110077
BY ITS SECRETARY.
...RESPONDENTS
[BY SRI. MANJUNATH K., HCGP FOR R1 & R2 (MA NOT
FILED)
SRI. N.K. RAMESH, ADVOCATE FOR R3 (VK NOT FILED)
SMT. MAMATHA KULKARNI, ADVOCATE FOR R4
SRI. H.R. SHOWRI, ADVOCATE FOR R6 (VK NOT FILED)
NOTICE NOT ORDERED IN R/O R5]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO ALLOW THE PETITIONER
ONE ADDITIONAL ATTEMPT TO APPEAR AND PASS THE
EXAMINATION AND TO CONTINUE HIS STUDIES IN MBBS
COARSE TO WHICH HE IS ENROLLED, IF HE IS
SUCCESSFUL IN CLEARING THE EXAMINATION BY
CONSIDERING THE REPRESENTATIONS DTD. 01.06.2025
(VIDE ANNX-P AND Q1 RESPECTIVELY).
IN WP NO. 37164/2025
BETWEEN:
1. MS. SHRADDHA P MALLESH
D/O MALLESH N. P.,
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C/W WP No. 37159 of 2025
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HC-KAR AND 3 OTHERS
AGED 22 YEARS,
UNI. REG. NO. 22M1458,
R/O NO.100, RAMAGIRI HOBLI,
HOLALKERE TALUK,
TALIKATTE,
CHITRADURGA 577539
2. MS. VAISHALI JAIN
D/O RAKESH KUMAR SANCHETI,
AGED 21 YEARS,
UNI. REG. NO. 22M0907,
R/O NO.154/250, NARASIPURA LAYOUT,
VIDYARANYAPURA,
BENGALURURU - 560097.
3. MS. PRUTHVINI,
D/O MALLIKARJUNA,
AGE 22 YEARS, UNI. REG. NO.22M1436,
R/AT NO.160/1, 29TH WARD,
HOSPETE, BALLARI - 583201.
4. MS. HALEEMA SADIYA
D/O MR. HIFZUR RAHMAN,
AGED 21 YEARS,
UNI. REG. NO. 22M7252,
R/O NO.21A, ROCKLANE,
BELLAHALLI, NEAR BRIDGE BRICKLANE,
BENGALURU 560064.
5. MS. SHREELAXMI
D/O MR. GURULINGAPPA G. K.,
AGE -21 YEARS, UNI. REG. NO. 22M3241,
R/AT PLOT NO.8, KUSNOOR ROAD,
KRISHNA NAGAR, KUSNOOR,
JNANAGNAGA,
KALABURAGI 585106.
6. MR. JANISHAR AKHTAR
S/O. MOHAMMED AKHTAR,
AGED 23 YEARS, UNI. REG. NO.22M6797.
R/O AZAD NAGAR,
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HC-KAR AND 3 OTHERS
MADHOPARA PURNEA,
PURNIA, BIHAR - 854501.
7. MS. AFIFA AZMI
D/O MD. RAISUL AZAM,
AGE 23 YEARS, UNI. REG. NO. 21M5059,
R/O M.V.J. MEDICAL COLLEGE GIRLS HOSTEL,
NH75, 30TH MILE,
DANDUPALYA VILLAGE,
HOSKOTE,
BENGALURU - 562114.
8. MS. IRENE LALRINAWMI
D/O P. B. SANGDINGLJANA,
AGE 22 YEARS, UNI. REG. NO. 21M5196.
R/O M.V.J. MEDICAL COLLEGE GIRLS HOSTEL,
NH75, 30TH MILE, DANDUPALYA VILLAGE,
HOSKOTE, BENGALURU - 562114.
9. MR. MOTHISH V.,
S/O MR. VINAYAGAMURTHY G.,
AGE 23 YEARS, UNI. REG. NO.21M5129,
R/O NO.60, 5TH CROSS, 8TH MAIN,
BRINDHAVAN NAGAR,
SBM COLONY,
MATHIKERE,
BENGALURU-560054.
10. MR. RIFAQUAT TAMMIM,
S/O MR. MOHAMMED ILIYAS PATHAN,
AGED 22 YEARS,
UNI. REG. NO. 21M8380,
R/O NO.121/A, NAKUDHA MOHALLA,
JAMIA MASJID, KARWAR,
UTTARA KANNADA - 581352.
11. MR. DIGVIJAY YADHAV,
S/O JAYANTH JADHAV,
AGE 23 YEARS,
UNI. REG. NO. 21M1267.
R/AT NO.1118 SOHAM NIVAS,
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HC-KAR AND 3 OTHERS
BANDHE ROAD, SATHYADRI NAGAR,
BELGAUM 591108.
12. MS. YASHIKALA,
D/O MR. C. ALEMYANGER,
AGED 22 YEARS, UNI. REG. NO. 21M4884
R/O KIMS'S LADIES HOSTEL,
BANASHANKARI, STAGE 2,
BENGALURU 560070.
13. MR. KUTHUHAL M.,
S/O N. MANJUNATHA,
AGED 22 YEARS,
UNI. REG. NO. 21M7838.
NO.441/A VAJRA, NEW KANTHARAJ URS ROAD,
2ND MAIN, 4TH STAGE,
T K LAYOUT,
MYSORE 570009.
14. MS. SHAMA P. J.,
D/O JAYASHANKAR MURTHY
P. O., AGE 21 YEARS,
UNI. REG. NO.21M4853,
R/O JAYASHANKAR MURTHY,
PANCHANAHALLI P.O.,
CHICKMAGALUR - 577182.
15. MR. HIMANSHU RANJAN
S/O MR. SHEENAPPA,
AGED 22 YEARS, UNI. REG. NO.20M6431
R/AT NO.2-2001, PACHADIBAILU HOUSE,
KADESHWALYA,
DAKSHINA KANNADA-574 325.
16. MR. SHAIK MOHAMMED AFNAN,
S/O MR. KHALEEL SAB,
AGE 23 YEARS,
UNL. REG. NO. 20M5160,
R/O PHOOLSHA MOHALLA,
1ST CROSS,
KOLAR - 563101.
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HC-KAR AND 3 OTHERS
17. MR. MODI RUTUL NARENDRAKUMAR,
S/O MR. NARENDRA A. MODI,
AGE 22 YEARS, UNI. REG. NO 20M5205,
R/O- A-20, AKSHATAM 1 BUNGLOWS,
NEAR UPASANA SCHOOL,
AKESHAN ROAD, PALANPUR,
GUJARAT-385001.
18. MR. P. YESHWANTH KUMAR,
S/O MR. B. PRABHU,
AGE 23 YEARS, UNI. REG. NO. 20M6039,
R/O BOYS HOSTEL
SHRIDEVI INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH HOSPITAL,
SIRA ROAD, TUMAKURU 572106.
19. MS. SUDHANSUBALA DALABEHERA
D/O NAVACHARI BAIRI GANJAN DALABEHERA,
AGED 24 YEARS,
UNI. REG. NO. 20M4016,
R/O RAMANAGAR REFUGEE COLONY,
KENDRAPARA,
ODISHA 754224.
20. MS. A. S. DARSHANA SREE,
D/O MR. A. SATISH KUMAR,
AGE 24 YEARS, UNI. REG. NO. 19M0851,
R/O NO.21/2, 2ND CROSS,
G. B. LANE, COTTONPETE,
BENGALURU- 560053.
21. MR. SUDIP GHOSH,
S/O DIPAK KUMAR GHOSH,
AGE 23 YEARS, UNI. REG. NO.19M2219,
R/O H. NO.464, SECTOR-1C,
BOKARO STREET CITY,
BOKARO, JHARKAND 827001.
...PETITIONERS
(BY SRI. ABHISHEK MALIPATIL., ADVOCATE)
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C/W WP No. 37159 of 2025
WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
AND:
1. NATIONAL MEDICAL COMMISSION (NMC)
POCKET-14, SECTOR-8,
DWARKA PHASE-I,
NEW DELHI 110077.
REPRESENTED BY ITS SECRETARY.
2. UNDER-GRADUATE MEDICAL EDUCATION BOARD,
AN AUTONOMOUS BOARD UNDER THE NATIONAL
MEDICAL COMMISSION (NMC),
POCKET-14, SECTOR-8,
DWARKA PHASE-I, NEW DELHI 110077.
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA,
MINISTRY OF HEALTH AND FAMILY WELFARE,
NIRMAN BHAWAN,
NEW DELHI - 110011.
BY ITS SECRETARY,
4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU 560041.
REPRESENTED BY THE REGISTRAR.
5. STATE OF KARNATAKA,
DEPARTMENT OF MEDICAL EDUCATION,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU 560001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
6. M. V. J. MEDICAL COLLEGE AND RESEARCH HOSPITAL,
NH75, 30TH MILE, DANDUPALYA VILLAGE,
HOSKOTE, BANGALORE RURAL DISTRICT - 562114.
BY ITS DEAN/PRINCIPAL.
7. EAST POINT COLLEGE OF MEDICAL SCIENCES AND
RESEARCH CENTRE,
JNANA PRABHA, EAST POINT CAMPUS,
VIRGO NAGAR POST,
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HC-KAR AND 3 OTHERS
AVALAHALLI,
BENGALURU-560049.
BY ITS DEAN/PRINCIPAL.
8. SHRIDEVI INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH HOSPITAL,
SIRA ROAD, TUMAKURU 572106.
BY ITS DEAN/PRINCIPAL.
9. KANACHUR INSTITUTE OF MEDICAL SCIENCES,
MANGALORE-THOKKOTTU-KANAJE UNIVERSITY ROAD,
KOTKAR VILLAGE,
NATEKAL, MANGALORE 575018.
BY ITS DEAN/PRINCIPAL.
10. BASAVESHWARA MEDICAL COLLEGE AND HOSPITAL,
SJM CAMPUS, NH-4 BYPASS,
CHITRADURGA 577502.
BY ITS DEAN/PRINCIPAL.
11. AKASH INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH CENTRE,
PRASANNAHALLI ROAD,
DEVANAHALLI
NEAR KEMPEGOWDA INTERNATIONAL AIRPORT,
BENGALURU - 562110.
BY ITS DEAN/PRINCIPAL.
12. VYDEHI INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH CENTRE,
NO.82, NELLURHALLI, WHITEFIELD,
BENGALURU-560066.
BY ITS DEAN/PRINCIPAL
13. KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES
SIDDANNA LAYOUT,
BANASHANKARI 2ND STAGE,
BENGALURU-560070.
REPRESENTED BY ITS DEAN/PRINCIPAL.
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HC-KAR AND 3 OTHERS
14. SUBBAIAH INSTITUTE OF MEDICAL SCIENCES,
NH13, HONNUR ROAD,
HOLEY, PURLE, SHIMOGA - 577222
REPRESENTED BY ITS DEAN/PRINCIPAL.
15. KARNATAKA INSTITUTE OF MEDICAL SCIENCES,
VIDYANAGAR, P. B. ROAD,
HUBBALLI 580022.
REPRESENTED BY ITS DEAN/PRINCIPAL.
16. NAVODAYA MEDICAL COLLEGE HOSPITAL AND
RESEARCH CENTRE,
POST BOX NO. -26,
MANTRALAYAM ROAD,
NAVODAYA NAGAR, RAICHUR 584 103.
REPRESENTED BY ITS DEAN/PRINCIPAL.
...RESPONDENTS
(BY SRI. H.R. SHOWRI, ADVOCATE FOR R1 & R2 (VK NOT
FILED)
SRI. MUKUND PRASAD, ADVOCATE FOR R3
SRI. MAMATHA KULAKARNI, ADVOCATE FOR R4
SRI. MANJUNATH K., ADVOCATE FOR R5
NOTICE NOT ORDERED IN R/O R6 TO R14 & R16
SRI. PRAJWALA SATHYAPRAKASH, ADVOCATE FOR R15)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT DECLARING THAT REGULATION 7(10) OF THE
GRADUATE MEDICAL EDUCATION REGULATIONS, 2019
VIDE ANNEXURE-B AND THE PROVISO TO REGULATION 21
OF THE GRADUATE MEDICAL EDUCATION REGULATIONS.
2023 VIDE ANNEXURE B1- BOTH NO. MCI-34 (41)/2019-
MED/161726 IMPOSING A FOUR ATTEMPT-LIMIT/ FOUR
YEAR LIMIT AND MANDATING AUTOMATIC CESSATION OF
MBBS STUDIES-ARE ARBITRARY, UNCONSTITUTIONAL,
VIOLATIVE OF ARTICLES 14, 15, 19(1)(Q), 21, 21A, 41 AND
46 OF THE CONSTITUTION OF INDIA, AND THEREFORE
VOID AND UNENFORCEABLE AND ETC;
- 17 -
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WP No. 37637 of 2025
C/W WP No. 37159 of 2025
WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
IN WP NO. 38093/2025
BETWEEN:
AYAN AHMED
S/O ATEEQUE AHMED
AGED ABOUT 21 YEARS,
RESIDING AT NO 19, 8TH B MAIN,
BTM LAYOUT, 1ST STAGE,
BANGALORE 560029.
REG NO-22M5677
...PETITIONER
(BY SRI. PRADEEP PATIL., ADVOCATE)
AND:
1. NATIONAL MEDICAL COMMISSIONE (NMC)
POCKET-14, SECTOR-8,
DWARKA PHASE-I, NEW DELHI 110077.
REPRESENTED BY ITS SECRETARY.
2. UNDER-GRADUATE MEDICAL EDUCATION BOARD,
AN AUTONOMOUS BOARD UNDER THE NATIONAL
MEDICAL COMMISSION (NMC),
POCKET-14, SECTOR-8,
DWARKA PHASE-I, NEW DELHI 110077.
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA,
MINISTRY OF HEALTH AND FAMILY WELFARE,
NIRMAN BHAWAN,
NEW DELHI - 110011.
BY ITS SECRETARY,
4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU 560041.
REPRESENTED BY THE REGISTRAR.
- 18 -
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C/W WP No. 37159 of 2025
WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
5. STATE OF KARNATAKA,
DEPARTMENT OF MEDICAL EDUCATION,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU 560001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
6. OXFORD MEDICAL COLLEGE,
HOSPITAL, AND REASEARCH CENTRE
YADAVANAHALLI,
ATTIBELLE HOBLI,
ANEKAL TALUKA
BANGALORE RURAL - 562107.
BY ITS DEAN/PRINCIPAL
...RESPONDENTS
[BY SRI. H.R. SHOWRI, ADVOCATE FOR R1 & R2 (VK NOT
FILED)
SMT. MAMATHA KULAKARNI, ADVOCATE FOR R4 (VK NOT
FILED)
SRI. MANJUNATH K., HCGP FOR R5 (MA NOT FILED)
SRI. MUKUND PRASAD, CGC FOR R3
R6 D/W]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF DECLARATION OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING
THAT REGULATION 7(7) OF THE GRADUATE MEDICAL
EDUCATION REGULATIONS, 2019 VIDE ANNEXURE B AND
THE PROVISO TO REGULATION 21 OF THE GRADUATE
MEDICAL EDUCATION REGULATIONS, 2023 VIDE
ANNEXURE B1- BOTH IMPOSING A FOUR ATTEMPT-LIMIT/
FOUR YEAR LIMIT AND MANDATING AUTOMATIC
CESSATION OF MBBS STUDIES ARE ARBITRARY.
UNCONSTITUTIONAL, VIOLATIVE OF ARTICLES 14, 15,
19(1)(G), 21, 214, 41 AND 46 OF THE CONSTITUTION OF
INDIA, AND THEREFORE VOID AND UNENFORCEABLE AND
ETC;
- 19 -
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C/W WP No. 37159 of 2025
WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
IN WP NO. 38249/2025
BETWEEN:
MR. VINAYAK B BURADIKATTI
S/O. BASANAGOUDA
AGED 23 YEARS,
R/O. NO. S-3, KANNAIAH RESIDENCY,
2ND CROSS, 1ST STAGE,
KH COLONY, BASAVESHWARA NAGAR,
BENGALURU 560079
...PETITIONER
(BY SRI. PRAVEENA KUMARA NIRVANI., ADVOCATE)
AND:
1. NATIONAL MEDICAL COMMISSION (NMC)
POCKET -14, SECTOR-8,
DWARAKA PHASE-I, NEW DELHI 110077.
REP. BY ITS SECRETARY.
2. UNDER-GRADUATE MEDICAL EDUCATION BOARD,
AN AUTONOMOUS BOARD UNDER THE NATIONAL
MEDICAL COMMISSION (NMC) POCKET -14,
SECTOR-8, DWARAKA PHASE-I,
NEW DELHI 110077.
REP. BY ITS CHAIRMAN.
3. UNION OF INDIA,
MINISTRY OF HEALTH AND FAMILY WELFARE,
NIRMAN BHAWAN,
NEW DELHI 110011.
REP BY ITS SECRETARY.
4. RAJIV GANDHI UNIVERSITY,
4TH 'T' BLOCK,
JAYANAGAR,
BENGALURU 560041.
- 20 -
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C/W WP No. 37159 of 2025
WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
5. STATE OF KARNATAKA,
DEPARTMENT OF MEDICAL EDUCATION,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU 560001.
6. KARNATAKA INSTITUTE OF MEDICAL SCIENCES,
VIDYANAGAR, P.B.ROAD,
HUBBALLI 580022.
REP BY ITS DEAN/PRINCIPAL.
...RESPONDENTS
[BY SRI. H.R. SHOWRI, ADVOCATE FOR R1 & R2 (VK NOT
FILED)
SRI. MUKUND PRASAD, ADVOCATE FOR R3 (VK NOT FILED)
SMT. MAMATHA KULAKARNI, ADVOCATE FOR R4 (VK NOT
FILED
SRI. MANJUNATH K., HCGP, FOR R5 (VK NOT FILED)
SRI. PRAJWAL SATHYAPRAKASH, ADVOCATE FOR R6]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF DECLARATION OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING
THAT REGULATION 7(7) OF THE GRADUATE MEDICAL
EDUCATION REGULATIONS, 2019 VIDE ANNEXURE -B AND
THE PROVISO TO REGULATION 21 OF THE GRADUATE
MEDICAL EDUCATION REGULATIONS, 2023 VIDE
ANNEXURE B1- BOTH IMPOSING A FOUR ATTEMPT-LIMIT/
FOUR YEAR LIMIT AND MANDATING AUTOMATIC
CESSATION OF MBBS STUDIES-ARE ARBITRARY,
UNCONSTITUTIONAL, VIOLATIVE OF ARTICLES 14, 15,
19(1)(G), 21, 21A, 41 AND 46 OF THE CONSTITUTION OF
INDIA, AND THEREFORE VOID AND UNENFORCEABLE.
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WP No. 37164 of 2025
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IN WP NO. 38797/2025
BETWEEN:
1. MR.MANTHAN L POOJAR
S/O H LEPAKSHAPPA
AGED ABOUT 22 YEARS
UNI REG NO 21M7849
R/O 3RD MAIN, 3RD CROSS
VIDYANAGAR
SHIVAMOGGA 577204
2. MR. PRAKASH M. SHIVANNAVAR
S/O MR. MARUTHI,
AGED 23 YEARS,
UNI. REG. NO. 21M7878,
R/O APOORVA LAYOUT,
5TH CROSS, PURLE VILLAGE,
SHIVAMOGGA 577204.
...PETITIONERS
(BY SRI. ABHISHEK MALIPATIL., ADVOCATE)
AND:
1. NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR-8,
DWARKA PHASE-I, NEW DELHI 110077.
REPRESENTED BY ITS SECRETARY.
2. UNDER-GRADUATE MEDICAL EDUCATION BOARD
AN AUTONOMOUS BOARD UNDER THE NATIONAL
MEDICAL COMMISSION (NMC),
POCKET-14, SECTOR-8,
DWARKA PHASE-I,
NEW DELHI 110077.
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE,
NIRMAN BHAWAN,
- 22 -
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WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
NEW DELHI 110011.
BY ITS SECRETARY,
4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU 560041.
REPRESENTED BY THE REGISTRAR.
5. STATE OF KARNATAKA
DEPARTMENT OF MEDICAL EDUCATION,
M.S. BUILDING,
DR. AMBEDKAR VEEDHI,
BENGALURU 560001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
6. SUBBAIAH INSTITUTE OF MEDICAL SCIENCES
NH13, HONNUR ROAD
HOLEY, PURLE
SHIVAMOGGA - 577 222
REPRESENTED BY ITS DEAN/PRINCIPAL
...RESPONDENTS
[BY SRI. H.R. SHOWRI, ADVOCATE FOR R1 & R2 (VK NOT
FILED)
SRI. MUKUND PRASAD, DSGI FOR R3 (VK NOT FILED)
SMT. MAMATHA KULAKARNI, ADVOCATE FOR R4 (VK NOT
FILED)
STI. MANJUNATH K., HCGP FOR R5 (MA NOT FILED)
R6 SERVED]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF DECLARATION OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING
THAT REGULATION 7(7) OF THE GRADUATE MEDICAL
EDUCATION REGULATIONS, 2019 VIDE ANNEXURE B AND
THE PROVISO TO REGULATION 21 OF THE GRADUATE
MEDICAL EDUCATION REGULATIONS, 2023 VIDE
ANNEXURE B1- BOTH IMPOSING A FOUR ATTEMPT-LIMIT/
FOUR YEAR LIMIT AND MANDATING AUTOMATIC
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WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
CESSATION OF MBBS STUDIES-ARE ARBITRARY,
UNCONSTITUTIONAL, VIOLATIVE OF ARTICLES 14, 15,
19(1)(G), 21, 21A, 41 AND 46 OF THE CONSTITUTION OF
INDIA, AND THEREFORE VOLD AND UNENFORCEABLE AND
ETC;
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioners have filed these writ petitions seeking
the following reliefs:
In WP No.37637/2025:
“a. Issue a writ of Declaration or any other appropriate
writ, order or direction declaring that Regulation
7(7) of the Graduate Medical Education Regulations,
2019 vide Annexure B and the Proviso to Regulation
21 of the Graduate Medical Education Regulations,
2023 vide Annexure B1- both imposing a four
attempt-limit/ four year limit and mandating
automatic cessation of MBBS studies are arbitrary,
unconstitutional, violative of Articles 14, 15,
19(1)(g), 21, 214, 41 and 46 of the Constitution of
India, and therefore void and unenforceable; and
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b. Issue a writ of Certiorari quashing Regulation 7(7)
of Graduate Medical Education Regulations, 2019
Vide Annexure B and the Proviso to Regulation 21
of Graduate Medical Education Regulations, 2023,
vide Annexure B1, both issued by the Respondent
No.1, insofar as they prescribe a four-attempt/four-
year limit for passing the First Professional MBBS
Examination and mandate cessation of studies upon
failure; andc. Issue a writ of Mandamus directing the Respondent-
NMC, Respondent-RGUHS, and all affiliated colleges
to permit the Petitioners to continue in the MBBS
programme irrespective of the number of attempts
exhausted, subject only to passing the
examinations conducted by the University; andd. Direct the NMC to produce all files, committee
notes, internal correspondence, consultations,
expert reports and materials pertaining to the
deletion of the attempt-limit rule in 2003 due to
student suicides; its re-introduction in 2019 through
GMER-2019; and its continuation in the Proviso to
Regulation 21 of GMER-2023; and including specific
reasons and empirical basis (if any) for reviving a
rule earlier withdrawn for causing harm; ande. Direct the NMC to place before this Hon’ble Court a
complete record of all UG MBBS student suicides
– 25 –
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HC-KAR AND 3 OTHERS
from 2019-2025, with cause-analysis and whether
the attempt-limit played any contributory role; andf. Direct the constitution of an Independent Expert
Committee comprising eminent medical
educationists, mental health specialists (including
NIMHANS representatives), public-health
academics, and senior clinicians (such as Dr. C.N.
Manjunath and Dr. Devi Shetty), and such other
distinguished experts as this Hon’ble Court may
deem fit-to examine and report on the academic,
regulatory, psychological, and policy implications of
the four-attempt rule prescribed under the
Graduate Medical Education Regulations, 2019; to
assess the reasons behind the deletion of the earlier
attempt-limit in 2003 and whether any change of
circumstances justifies its re-introduction in 2019;
to consider the absence of remedial academic
mechanisms such as bridge courses and support
systems; and to place before this Hon’ble Court its
recommendations on whether the impugned
regulation is educationally Justified, proportionate,
or requires modification, repeal, or replacement
with a student-supportive framework; andg. Direct Respondent-RGUHS to formulate, notify, and
implement a comprehensive structured remedial
academic framework for MBBS students who require
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HC-KAR AND 3 OTHERS
additional academic support, including mandatory
bridge courses, foundational modules, remedial
teaching programmes, mentoring systems, and
academic-support committees, peer-mentoring.
systems, counselling-assisted learning pathways,
and periodic academic Support reviews, so as to
ensure that no student is eliminated from the
Course solely for want of institutional academic
support reviews, so as to ensure that no student is
eliminated from the course solely for want of
institutional academic support; andh. Direct the Respondent University- RGUHS to:
i. Not blindly apply NMC regulations without
exercising their independent statutory role as
academic authorities;
ii. devise and implement bridge courses,
remedial teaching programmes, special
tutorials, extended learning modules, and
support systems for students who require
academic assistance;
iii. frame and notify a transparent student-
support policy for academically struggling
MBBS students;
iv. establish Mentoring Committees and
Academic Review Boards in all affiliated
colleges;
v. ensure full and timely dissemination of
regulations to all students, including
communication of any rule that has the effect
of terminating their studies.
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i. Direct all medical universities and colleges,
including RGUHS, to establish functioning academic-
support and mental-health systems, Including
Bridge Courses, Structured Remedial Teaching, Peer
mentoring, Counselling and psychological support
units, Academic Support Committees, Robust, non-
retaliatory grievance redressal mechanisms andj. Direct the NMC and RGUHS to frame special
academic-support frameworks for SC/ST/OBC,
EWS, linguistic-minority and rural-background
MBBS students, including foundational modules,
language-support programmes and differential
pacing mechanisms; andk. Direct that MBBS batches admitted in 2019-20,
2020-21, 2021-22 and 2022-23-whose foundational
learning was disrupted by the COVID-19 pandemic-
be exempted from the attempt-limit, and be
permitted to continue the MBBS course until
completion; andl. Direct the NMC to consider and decide the
Petitioners representations dated 14/10/2025 to
25.11.2025 vide Annexure-H within a fixed period,
after granting them a reasonable opportunity of
hearing: and
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m. In the alternative, Direct the Respondent No.3 -
Ministry of Health and Family Welfare, Government
of India to exercise its supervisory powers under
Sections 56, 57, 58 and 59 of the National Medical
Commission Act, 2019, to review the legality,
reasonableness, and academic justification of the
four-attempt restriction prescribed under Regulation
7(7) of the GMER, 2019/2023, and to take
appropriate action, including issuance of binding
directions to the National Medical Commission to
amend, suspend, or remove the said restriction, in
order to safeguard the constitutional and statutory
rights of the Petitioners; andn. Pass such other order(s) as this Hon’ble Court may
deem fit in the interest of justice, equity, and the
welfare of medical students.”
In WP No.37159/2025:
“a. Issue a writ in the nature of mandamus directing
the respondents to allow the petitioner one
additional attempt to appear and pass the
examination and to continue his studies in MBBS
coarse to which he is enrolled, if he is successful in
clearing the examination by considering the
representations dated 01.06.2025 (vide ANNEXURE-
p and Q1 respectively).
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b. Pass any other order or orders that this Hon'ble
Court deems fit in the interest of justice and
equity.”
In WP No.37164/2025:
“a. Issue a writ of Declaration or any other appropriate
writ, order or direction declaring that Regulation
7(7) of the Graduate Medical Education Regulations,
2019 vide Annexure B and the Proviso to Regulation
21 of the Graduate Medical Education Regulations,
2023 vide Annexure B1- both No MCI-3h
(41)/2019-med/161726 imposing a four attempt-
limit/ four year limit and mandating automatic
cessation of MBBS studies-are arbitrary,
unconstitutional, violative of Articles 14, 15,
19(1)(g), 21, 21A, 41 and 46 of the Constitution of
India, and therefore void and unenforceable; and
b. Issue a writ of Certiorari quashing Regulation 7(7)
of Graduate Medical Education Regulations, 2019
Vide Annexure B and the Proviso to Regulation 21
of Graduate Medical Education Regulations, 2023,
vide Annexure B1, both issued by the Respondent
No.1, insofar as they prescribe a four-attempt/four-
year limit for passing the First Professional MBBS
Examination and mandate cessation of studies upon
failure; and
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c. Issue a writ of Mandamus directing the Respondent-
NMC, Respondent-RGUHS, and all affiliated colleges
to permit the Petitioners to continue in the MBBS
programme irrespective of the number of attempts
exhausted, subject only to passing the
examinations conducted by the University; and
d. Direct the NMC to produce all files, committee
notes, internal correspondence, consultations,
expert reports and materials pertaining to the
deletion of the attempt-limit rule in 2003 due to
student suicides; its re-introduction in 2019 through
GMER-2019; and its continuation in the Proviso to
Regulation 21 of GMER-2023; and including specific
reasons and empirical basis (if any) for reviving a
rule earlier withdrawn for causing harm; and
e. Direct the NMC to place before this Hon’ble Court a
complete record of all UG MBBS student suicides
from 2019-2025, with cause-analysis and whether
the attempt-limit played any contributory role; and
f. Direct the constitution of an Independent Expert
Committee comprising eminent medical
educationists, mental-health specialists (Including
NIMHANS representatives), public-health
academics, and senior clinicians (such as Dr. C.N.
Manjunath and Dr. Devi Shetty), and such other
distinguished experts as this Hon’ble Court may
– 31 –
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HC-KAR AND 3 OTHERS
deem fit to examine and report on the academic,
regulatory, psychological, and policy implications of
the four-attempt rule prescribed under the
Graduate Medical Education Regulations, 2019; to
assess the reasons behind the deletion of the earlier
attempt-limit in 2003 and whether any change of
circumstances justifies its re-introduction in 2019;
to consider the absence of remedial academic
mechanisms such as bridge courses and support
systems; and to place before this Hon’ble Court its
recommendations on whether the impugned
regulation is educationally justified, proportionate,
or requires modification, repeal, or replacement
with a student-supportive framework; and
g. Direct Respondent-RGUHS to formulate, notify, and
implement a comprehensive structured remedial
academic framework for MBBS students who require
additional academic support, including mandatory
bridge courses, foundational modules, remedial
teaching programmes, mentoring systems, and
academic-support committees, peer-mentoring
systems, counselling-assisted learning pathways,
and periodic academic-support reviews, so as to
ensure that no student is eliminated from the
course solely for want of institutional academic
support; and
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HC-KAR AND 3 OTHERS
h. Direct the Respondent University- RGUHS to:
i. Not blindly apply NMC regulations without
exercising their Independent statutory role as
academic authorities;
ii. devise and implement bridge courses,
remedial teaching programmes, special
tutorials, extended learning modules, and
support systems for students who require
academic assistance;
iii. frame and notify a transparent student-
support policy for academically struggling
MBBS students;
iv. establish Mentoring Committees and
Academic Review Boards in all affiliated
colleges;
v. ensure full and timely dissemination of
regulations to all students, including
communication of any rule that has the effect
of terminating their studies.
i. Direct all medical universities and colleges,
including RGUHS, to establish functioning academic-
support and mental-health systems, including
Bridge Courses, Structured Remedial Teaching, Peer
mentoring, Counselling and psychological support
units, Academic Support Committees, Robust, non-
retaliatory grievance redressal mechanisms andj. Direct the NMC and RGUHS to frame special
academic-support frameworks for SC/ST/OBC,
EWS, linguistic-minority and rural-background
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HC-KAR AND 3 OTHERS
MBBS students, including foundational modules,
language-support programmes and differential
pacing mechanisms; andk. Direct that MBBS batches admitted in 2019-20,
2020-21, 2021-22 and 2022-23-whose foundational
learning was disrupted by the COVID-19 pandemic-
be exempted from the attempt-limit, and be
permitted to continue the MBBS course until
completion; andl. Direct the NMC to consider and decide the
Petitioners’ representations dated 17/10/2025 vide
Annexure-H within a fixed period, after granting
them a reasonable opportunity of hearing; andm. In the alternative, Direct the Respondent No.3
Ministry of Health and Family Welfare, Government
of India to exercise its supervisory powers under
Sections 56, 57, 58 and 59 of the National Medical
Commission Act, 2019, to review the legality,
reasonableness, and academic justification of the
four-attempt restriction prescribed under Regulation
70) of the GMER, 2019/2023, and to take
appropriate action, including issuance of binding
directions to the National Medical Commission to
amend, suspend, or remove the said restriction, in
order to safeguard the constitutional and statutory
rights of the Petitioners; and
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HC-KAR AND 3 OTHERS
n. Pass such other order(s) as this Hon’ble Court may
deem fit in the interest of justice, equity, and the
welfare of medical students.”
In WP No.38093/2025:
“a. Issue a writ of Declaration or any other appropriate
writ, order or direction declaring that Regulation
7(7) of the Graduate Medical Education Regulations,
2019 vide Annexure B and the Proviso to Regulation
21 of the Graduate Medical Education Regulations,
2023 vide Annexure B1- both imposing a four
attempt-limit/ four year limit and mandating
automatic cessation of MBBS studies-are arbitrary,
unconstitutional, violative of Articles 14, 15,
19(1)(g), 21, 21A, 41 and 46 of the Constitution of
India, and therefore void and unenforceable; andb. Issue a writ of Certiorari quashing Regulation 7(7)
of Graduate Medical Education Regulations, 2019
Vide Annexure B and the Proviso to Regulation 21
of Graduate Medical Education Regulations, 2023,
vide Annexure B1, both issued by the Respondent
No.1, insofar as they prescribe a four-attempt/four-
year limit for passing the First Professional MBBS
Examination and mandate cessation of studies upon
failure; andc. Issue a writ of Mandamus directing the Respondent-
NMC, Respondent-RGUHS, and all affiliated colleges
– 35 –
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to permit the Petitioner to continue in the MBBS
programme irrespective of the number of attempts
exhausted, subject only to passing the
examinations conducted by the University; andd. Direct the NMC to produce all files, committee
notes, internal correspondence, consultations,
expert reports and materials pertaining to the
deletion of the attempt-limit rule in 2003 due to
student suicides; its re-introduction in 2019 through
GMER-2019; and its continuation in the Proviso to
Regulation 21 of GMER-2023; and including specific
reasons and empirical basis (if any) for reviving a
rule earlier withdrawn for causing harm; ande. Direct the NMC to place before this Hon’ble Court a
complete record of all UG MBBS student suicides
from 2019-2025, with cause-analysis and whether
the attempt-limit played any contributory role; andf. Direct the constitution of an Independent Expert
Committee comprising eminent medical
educationists, mental-health specialists. (including
NIMHANS representatives), public-health
academics, and senior clinicians (such as Dr. C.N.
Manjunath and Dr. Devi Shetty), and such other
distinguished experts as this Hon’ble Court may
deem fit – to examine and report on the academic,
regulatory, psychological, and policy implications of
– 36 –
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C/W WP No. 37159 of 2025
WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
the four-attempt rule prescribed under the
Graduate Medical Education Regulations, 2019; to
assess the reasons behind the deletion of the earlier
attempt-limit in 2003 and whether any change of
circumstances justifies its re-introduction in 2019;
to consider the absence of remedial academic
mechanisms such as bridge courses and support
systems; and to place before this Hon’ble Court its
recommendations on whether the impugned
regulation is educationally justified, proportionate,
or requires modification, repeal, or replacement
with a student-supportive framework; andg. Direct Respondent-RGUHS to formulate, notify, and
implement a comprehensive structured remedial
academic framework for MBBS students who require
additional academic support, including mandatory
bridge courses, foundational modules, remedial
teaching programmes, mentoring systems, and
academic-support committees, peer-mentoring
systems, counselling-assisted learning pathways,
and periodic academic-support reviews, so as to
ensure that no student is eliminated from the
course solely for want of institutional academic
support; andh. Direct the Respondent University- RGUHS to:
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WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
i. Not blindly apply NMC regulations without
exercising their independent statutory role as
academic authorities;
ii. devise and implement bridge courses,
remedial teaching programmes, special
tutorials, extended learning modules, and
support systems for students who require
academic assistance;
iii. frame and notify a transparent student-
support policy for academically struggling
MBBS students;
iv. establish Mentoring Committees and
Academic Review Boards in all affiliated
colleges;
v. ensure full and timely dissemination of
regulations to all students, including
communication of any rule that has the effect
of terminating their studies.
i. Direct all medical universities and colleges,
including RGUHS, W establish functioning academic-
support and mental-health systems, including
Bridge Courses, Structured Remedial Teaching, Peer
mentoring, Counselling and psychological support
units, Academic Support Committees, Robust, non-
retaliatory grievance redressal mechanisms andj. Direct the NMC and RGUHS to frame special
academic-support frameworks for SC/ST/OBC,
EWS, linguistic-minority and rural-background
MBBS students, including foundational modules,
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language-support programmes and differential
pacing mechanisms; and
k. Direct that MBBS batches admitted in 2019-20,
2020-21, 2021-22 and 2022-23-whose foundational
learning was disrupted by the COVID-19 pandemic-
be exempted from the attempt-limit, and be
permitted to continue the MBBS course until
completion; andl. Direct the NMC to consider and decide the
Petitioners’ representations dated 14/10/2025 to
25.11.2025 vide Annexure-H within a fixed period,
after granting them a reasonable opportunity of
hearing; andm. In the alternative, Direct the Respondent No.3
Ministry of to exercise its Health and Family
Welfare, Government of India supervisory powers
under Sections 56, 57, 58 and 59 of the National
Medical Commission Act, 2019, to review the
legality, reasonableness, and academic justification
of the four-attempt restriction prescribed under
Regulation 7(7) of the GMER, 2019/2023, and to
take appropriate action, including issuance of
binding directions to the National Medical
Commission to amend, suspend, or remove the said
restriction, in order to safeguard the constitutional
and statutory rights of the Petitioners; and
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n. Pass such other order(s) as this Hon’ble Court may
deem fit in the Interest of justice, equity, and the
welfare of medical students.”
In WP No.38249/2025:
“a. Issue a writ of Declaration or any other appropriate
writ, order or direction declaring that Regulation
7(7) of the Graduate Medical Education Regulations,
2019 vide Annexure B and the Proviso to Regulation
21 of the Graduate Medical Education Regulations,
2023 vide Annexure B1- both imposing a four
attempt-limit/ four year limit and mandating
automatic cessation of MBBS studies-are arbitrary,
unconstitutional, violative of Articles 14, 15,
19(1)(g) 21, 21A, 41 and 46 of the Constitution of
India, and therefore void and unenforceable; andb. Issue a writ of Certiorari quashing Regulation 7(7)
of Graduate Medical Education Regulations, 2019
Vide Annexure B and the Proviso to Regulation 21
of Graduate Medical Education Regulations, 2023,
vide Annexure B1, both issued by the Respondent
No.1, insofar as they prescribe a four- attempt/four-
year limit for passing the First Professional MBBS
Examination and mandate cessation of studies upon
failure; and
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c. Issue a writ in the nature of Mandamus directing
the Respondent-NMC, Respondent-RGUHS, and all
affiliated colleges to permit the Petitioners to
continue in the MBBS programme irrespective of the
number of attempts exhausted, subject only to
passing the examinations conducted by the
University; andd. Direct the NMC to produce all files, committee
notes, internal correspondence, consultations,
expert reports and materials pertaining to the
deletion of the attempt-limit rule in 2003 due to
student suicides; its re-introduction in 2019 through
GMER-2019; and its continuation in the Proviso to
Regulation 21 of GMER-2023; and including specific
reasons and empirical basis (if any) for reviving a
rule earlier withdrawn for causing harm; ande. Direct the NMC to place before this Hon’ble Court a
complete record of all UG MBBS student suicides
from 2019-2025, with cause-analysis and whether
the attempt-limit played any contributory role; and
e.
f. Direct the constitution of an Independent Expert
Committee comprising eminent medical
educationists, mental-health specialists (including
NIMHANS representatives), public-health
academics, and senior clinicians (such as Dr. C.N.
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HC-KAR AND 3 OTHERS
Manjunath and Dr. Devi Shetty), and such other
distinguished experts as this Hon’ble Court may
deem fit to examine and report on the academic,
regulatory, psychological, and policy implications of
the four-attempt rule prescribed under the
Graduate Medical Education Regulations, 2019; to
assess the reasons behind the deletion of the earlier
attempt-limit in 2003 and whether any change of
circumstances justifies its re-Introduction in 2019;
to consider the absence of remedial academic
mechanisms such as bridge courses and support
systems; and to place before this Hon’ble Court its
recommendations on whether the impugned
regulation is educationally justified, proportionate,
or requires modification, repeal, or replacement
with a student-supportive framework; andg. Direct Respondent-RGUHS to formulate, notify, and
implement a comprehensive structured remedial
academic framework for MBBS students who require
additional academic support, including mandatory
bridge courses, foundational modules, remedial
teaching programmes, mentoring systems, and
academic-support committees, peer-mentoring
systems, counselling-assisted learning pathways,
and periodic academic-support reviews, so as to
ensure that no student is eliminated from the
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HC-KAR AND 3 OTHERS
course solely for want of institutional academic
support; andh. Direct the Respondent University- RGUHS to:
i. Not blindly apply NMC regulations without
exercising their independent statutory role as
academic authorities;
ii. devise and implement bridge courses,
remedial teaching programmes, special
tutorials, extended learning modules, and
support systems for students who require
academic assistance;
iii. frame and notify a transparent student-
support policy for academically struggling
MBBS students;
iv. in all affiliated colleges; establish Mentoring
Committees and Academic Review Boardsv. ensure full and timely dissemination of
regulations to all students, including
communication of any rule that has the effect
of terminating their studies.
i. Direct all medical universities and colleges,
including RGUHS, to establish functioning academic-
support and mental-health systems, including
Bridge Courses, Structured Remedial Teaching, Peer
mentoring, Counselling and psychological support
units, Academic Support Committees, Robust, non-
retaliatory grievance redressal mechanisms and
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WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
j. Direct the NMC and RGUHS to frame special
academic-support frameworks for SC/ST/OBC,
EWS, linguistic-minority and rural-background
MBBS students, including foundational modules,
language-support programmes and differential
pacing mechanisms; andk. Direct that MBBS batch admitted in 2022-23-whose
foundational learning was disrupted by the COVID-
19 pandemic be exempted from the attempt-limit,
and be permitted to continue the MBBS course until
completion; andl. Direct the NMC to consider and decide the
Petitioners representations dated 17/10/2025 vide
Annexure-H within a fixed period, after granting
them a reasonable opportunity of hearing; andm. In the alternative, Direct the Respondent No.3
Ministry of Health and Family Welfare, Government
of India to exercise its supervisory powers under
Sections 56, 57, 58 and 59 of the National Medical
Commission Act, 2019, to review the legality,
reasonableness, and academic justification of the
four-attempt restriction prescribed under Regulation
7(7) of the GMER, 2019/2023, and to take
appropriate action, including issuance of binding
directions to the National Medical Commission to
amend, suspend, or remove the said restriction, in
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HC-KAR AND 3 OTHERS
order to safeguard the constitutional and statutory
rights of the Petitioners; and
п. Pass such other order(s) as this Hon’ble Court may
deem fit in the Interest of justice, equity, and the
welfare of medical students.”
In WP No.38797/2025:
“a. Issue a writ of Declaration or any other appropriate
writ, order or direction declaring that Regulation
7(7) of the Graduate Medical Education Regulations,
2019 vide Annexure B and the Proviso to Regulation
21 of the Graduate Medical Education Regulations,
2023 vide Annexure B1- both imposing a four
attempt-limit/ four year limit and mandating
automatic cessation of MBBS studies-are arbitrary,
unconstitutional, violative of Articles 14, 15,
19(1)(g) 21, 21A, 41 and 46 of the Constitution of
India, and therefore void and unenforceable; andb. Issue a writ of Certiorari quashing Regulation 7(7)
of Graduate Medical Education Regulations, 2019
Vide Annexure B and the Proviso to Regulation 21
of Graduate Medical Education Regulations, 2023,
vide Annexure B1, both issued by the Respondent
No.1, insofar as they prescribe a four-attempt/four-
year limit for passing the First Professional MBBS
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HC-KAR AND 3 OTHERS
Examination and mandate cessation of studies upon
failure; andc. Issue a writ of Mandamus directing the Respondent-
NMC, Respondent-RGUHS, and all affiliated colleges
to permit the Petitioners to continue in the MBBS
programme irrespective of the number of attempts
exhausted, subject only to passing the
examinations conducted by the University; andd. Direct the NMC to produce all files, committee
notes, Internal correspondence, consultations,
expert reports and materials pertaining to the
deletion of the attempt-limit rule in 2003 due to
student suicides; its re-introduction in 2019 through
GMER-2019; and its continuation in the Proviso to
Regulation 21 of GMER-2023; and including specific
reasons and empirical basis (if any) for reviving a
rule earlier withdrawn for causing harm; ande. Direct the NMC to place before this Hon’ble Court a
complete record of all UG MBBS student suicides
from 2019-2025, with cause-analysis and whether
the attempt-limit played any contributory role; andf. Direct the constitution of an Independent Expert
Committee comprising eminent medical
educationists, mental-health specialists (including
NIMHANS representatives), public health
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HC-KAR AND 3 OTHERS
academics, and senior clinicians (such as Dr. C.N.
Manjunath and Dr. Devi Shetty), and such other
distinguished experts as this Hon’ble Court may
deem fit to examine and report on the academic,
regulatory, psychological, and policy implications of
the four attempt rule prescribed under the Graduate
Medical Education Regulations, 2019; to assess the
reasons behind the deletion of the earlier attempt-
limit in 2003 and whether any change of
circumstances justifies its re-introduction in 2019;
to consider the absence of remedial academic
mechanisms such as bridge courses and support
systems; and to place before this Hon’ble Court its
recommendations on whether the impugned
regulation is educationally justified, proportionate,
or requires modification, repeal, or replacement
with a student-supportive framework; andg. Direct Respondent-RGUHS to formulate, notify, and
implement a comprehensive structured remedial
academic framework for MBBS students who require
additional academic support, including mandatory
bridge. courses, foundational modules, remedial
teaching programmes, mentoring systems, and
academic-support committees, peer-mentoring
systems, counselling-assisted learning pathways,
and periodic academic-support reviews, so as to
ensure that no student is eliminated from the
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C/W WP No. 37159 of 2025
WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
course solely for want of institutional academic
support; andh. Direct the Respondent University- RGUNS to:
i. Not blindly apply NMC regulations without
exercising their independent statutory role as
academic authorities;
ii. devise and implement bridge courses,
remedial teaching programmes, special
tutorials, extended learning modules, and
support systems for students who require
academic assistance;
iii. frame and notify a transparent student-
support policy for academically struggling
MBBS students;
iv. establish Mentoring Committees and
Academic Review Boards in all affiliated
colleges;
v. ensure full and timely dissemination of
regulations to all students, including
communication of any rule that has the effect
of terminating their studies.
i. Direct all medical universities and colleges,
including RGUMS, to establish functioning
academic-support and mental-health systems,
including Bridge Courses, Structured Remedial
Teaching, Peer mentoring, Counselling and
psychological support units, Academic Support
Committees, Robust, non-retaliatory grievance
redressal mechanisms and
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WP No. 37164 of 2025
HC-KAR AND 3 OTHERS
j. Direct the NMC and RGUHS to frame special
academic-support frameworks for SC/ST/OBC,
EWS, linguistic-minority and rural-background
MBBS students, including foundational modules,
language-support programmes and differential
pacing mechanisms; andk. Direct that petitioner MBBS students admitted in
2021-22 whose foundational learning was disrupted
by the COVID-19 pandemic-be exempted from the
attempt-limit, and be permitted to continue the
MBBS course until completion; andl. Direct the NMC to consider and decide the
Petitioners’ representations dated 17/10/2025 vide
Annexure-H within a fixed period, after granting
them a reasonable opportunity of hearing; andm. In the alternative, Direct the Respondent No.3
Ministry of Health and Family Welfare, Government
of India to exercise its supervisory powers under
Sections 56, 57, 58 and 59 of the National Medical
Commission Act, 2019, to review the legality,
reasonableness, and academic justification of the
four-attempt restriction prescribed under Regulation
7(7) of the GMER, 2019/2023, and to take
appropriate action, including issuance of binding
directions to the National Medical Commission to
amend, suspend, or remove the said restriction, in
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HC-KAR AND 3 OTHERS
order to safeguard the constitutional and statutory
rights of the Petitioners; andn. Pass such other order(s) as this Hon’ble Court may
deem fit in the interest of justice, equity, and the
welfare of medical students.”
2. Brief facts leading rise to the filing of these
petitions are as follows:
2.1. The petitioners are NEET qualified MBBS
students belonging to the diverse social, economic and
rural backgrounds. Most of them secured admission
through highly competitive and merit based NEET UG
examination, thereby demonstrating academic competency
at a nationally standardized level. The Medical Council of
India deleted the earlier regulation in 2003, after it is
acknowledged that the attempt limit had directly caused
students’ suicides and that such a restriction had no
academic justification, however, without any study,
consultation, expert’s report or change in circumstances,
the same rule was reintroduced in 2019. The impugned
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regulation is arbitrarily ultra vires the Parent Act and
violative of Article 14 and 21, unsupported by academic
data, contrary to the international medical education
standards and disproportionately impact Schedule
Castes/Schedule Tribe, and OBC students and those from
the rural and disadvantaged backgrounds. The petitioners
have sought for a declaration that Regulation No.7.7 of the
Graduate Medica Education (GME) Reguation, 1997
(Amended in 2019), is unconstitutional. Hence, prays to
allow the writ petition.
3. The other students have filed similar writ
petitions on the same grounds, challenging the
constitutional validity of the aforesaid Regulation No.7.7.
4. Respondent-University in WP No.37159/2025
filed a statement of objections contending that, the
validity of the said regulation is already upheld by the
Hon’ble High Court of Delhi. Accordingly, prays to dismiss
the petitions.
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5. Heard the arguments of learned counsel for the
petitioners and learned counsel for respondent No.1,
learned counsel Sri. H.R.Showri and Smt. Mamata Kulkarni
for respondent No.4 and learned HCGP Sri. Manjunath.K
for respondent No.5.
6. Learned counsel for the petitioners submits that
the impugned regulation is in violation of Articles 14 and
21 of the Constitution of India, the said regulation is not
supported by any academic data, and contrary to the
international medical education standards. He submitted
that by way of this impugned regulation, there is a rise in
suicides and drop outs among the undergraduate first year
medical students, demonstrating the urgent need for the
Bills. Hence, on these grounds, he prays to allow the writ
petition.
7. Per contra, learned counsel for the respondents
submits that, the Hon’ble Division Bench of the Delhi High
Court has already upheld the impugned regulation.
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Hence, the writ petitions filed by the petitioners are hit by
principles of res judicata. Hence, on this ground, prays to
dismiss the writ petitions.
8. In reply, learned counsel Sri. Pradeep C.Patil,
Sri. P.S.Malipatil for learned counsel Sri. Abhishek Malipatil
for the petitioners submits that, the writ petitions filed by
the petitioners are mercy petitions.
9. Perused the records and considered the
submissions of the learned counsel for the parties.
10. In WP Nos.37637/2025, 37164/2025,
38093/2025, 38249/2025, 38797/2025, the petitioners
have challenged the constitutional validity of the
Regulation 7(7) of the Graduate Medical Examination
Regulations, 2019. The impugned regulation was
challenged before the Hon’ble Delhi High Court in WP(C)
No.13180/2022, disposed of on 17.11.2022, wherein the
Hon’ble High Court of Delhi, held in paragraph No.36 as
under:
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“36. It appears that the Petitioners have failed to
dislodge the presumption of constitutionality existing in
favour of the Impugned Regulation. Furthermore, the
Petitioners do not have any vested right to secure a
medical degree, hence, the Impugned 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 Division Bench of the Delhi High Court upheld
Regulation 7.7 of the Regulations of 2019 and the said
order was confirmed by the Hon’ble Apex Court by not
entertaining the SLP No.22716/2022 vide order dated
10.02.2023.
11. Further, the Co-ordinate Bench of this Court in
an identical matter i.e., in the case of Raviteja.S Vs.
Rajiv Gandhi University of Health Sciences and
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Others1, disposed of the petition holding that, the
validation of the said regulation is already upheld.
Admittedly, the petitioners appeared for the first phase
MBBS exam. The petitioners have failed in all four
attempted examinations and as such, in view of the
embargo under the Regulations, 2019, it is contended
that, they are denied an extra opportunity. The impugned
Regulation reads as follows:
“7.7 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.”
From the perusal of the impugned regulation, a candidate
shall be provided four attempts to pass the first
professional examination. The petitioners have attempted
all four examinations, and could not pass the examination.
1
WP No.17222/2024, disposed of on 15.07.2024
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The said Regulation does not provide the petitioners, an
extra opportunity.
12. Now, it is clear that, the impugned Regulation
has already been upheld by the Hon’ble High Court of
Delhi. The Division Bench of this Court, in the case of
Shiv Kumar Vs. Union of India2, held that,
pronouncement on the constitutionality of a provision of a
Central Act by a High Court would be applicable
throughout India. In the light of the law laid down in the
case of Shiv Kumar (supra), and to maintain the judicial
discipline, I respectfully concur with the view taken by the
Hon’ble High Court of Delhi regarding the impugned
regulation.
13. In view of the above discussion, I do not find
any grounds to entertain the writ petitions. Accordingly, I
proceed to pass the following:
2
AIR 2014 Kar 73
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ORDER
i. The writ petitions are dismissed;
ii. Pending IA(s), if any, shall stand disposed of.
Sd/-
(ASHOK S.KINAGI)
JUDGE
PA [ONLINE]
CT:KHV
List No.: 2 Sl No.: 13