Plea on number of attempts to clear MBBS first-year junked

The regulation capping the attempts at four, the court ruled, is not arbitrary and a candidate does not have the right to take an examination for any number of times.
Image used for representational purpose only.
Image used for representational purpose only.

NEW DELHI: The Delhi High Court has dismissed a challenge to a National Medical Commission regulation prescribing a maximum of four attempts for a medical student to clear the first year of the MBBS course. Observing that medicine is a noble profession and doctors serve the general public at large, a bench headed by Chief Justice Satish Chandra Sharma said the rules must ensure only individuals with the inclination and requisite calibre are made medical professionals.

The regulation capping the attempts at four, the court ruled, is not arbitrary and a candidate does not have the right to take an examination any number of times. The court’s order came on petitions by some MBBS students who had exhausted their four attempts and sought another chance to take the examinations.

The court observed the petitioners did not have an accrued or vested right to be given infinite chances to complete their degree and they were aware that they were supposed to complete their degree in 10 years, which indicated the existence of fetters on their right to obtain the degree.

The NMC said the regulation was introduced to ensure that only students with adequate aptitude and merit become doctors and the other students may at an early stage pursue their vocational callings and the state resources are directed towards providing quality medical education.

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