The court upheld that regulations limiting attempts for medical examinations do not violate the fundamental rights guaranteed by the Constitution, emphasizing presumption of validity and legislative competence.

JUDGMENT

Subramonium Prasad, J.

1. The instant Writ Petitions have been filed under Article 226 read with Article 227, of the Constitution of India by the Petitioner Students seeking inter alia, setting aside of Regulation 7.7 of Regulations on Graduate Medical Education (Amendment), 2019 dated 04.11.2019 issued by Respondent No. 2 Commission ("Impugned Regulation") as being ultra vires Article 14, 19(1)(g) and 21 of the Constitution of India.

2. It appears that back in 1997, the Respondent No.2 (erstwhile Medical Council of India) vide notification dated 04.03.1997 notified the "Regulations on Graduate Medical Education, 1997."

3. The Petitioners herein, after clearing Class XII examination, secured admission in the MBBS Course at their respective medical colleges, i.e. Respondent No.3 to 5, as per the allotment done by Respondent No.6 University from 24.06.2019 to 03.09.2019.

4. In 2019, the Ministry of Law and Justice notified the National Medical Commission Act, 2019, to bring changes to the medical education system. On 04.11.2019, the Respondent No. 2 vide Amendment Notification dated 04.11.2019 notified "Regulations on Graduate Medical Education (Amendment) 2019" to amend the "Regulations on Graduate Medical Education, 1997".

5. The Regulations of Graduate Medical Education, 1997, from Clause 2 to 14 have been included as Part I of the Impugned Regulations. On the other hand, Part-II of the Regulations on Graduate Medical Education (Amendment), 2019 govern batches admitted in the MBBS course from academic year 2019-20 onwards. In Part II, the Impugned Regulation being 7.7 has been inserted, which 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."

6. The Petitioners attempted to pass the first professional examination four times by 2022 but could not succeed. Thereafter, in light of Regulation 7.7, the Petitioners have been prohibited from writing these exams again. Aggrieved by the same, between 01.08.2022 and 16.08.2022, some of the Petitioners sent a representation to Respondents, requesting the Respondents to allow them to appear in the examination.

7. It has also been placed on record that a Writ Petition with similar reliefs was filed before the Kerala High Court, which has passed an Order stating that status quo be maintained.

8. Aggrieved by the Impugned Regulations, the Petitioners have filed the instant Writ Petitions.

9. In sum and substance, the contentions of the Petitioners are that the Impugned Regulations violate Articles 14, 19, and 21 of the Constitution of India. Further, it has been argued that the Impugned Regulations should not be implemented retrospectively in terms of the judgment titled Rohit Naresh Aggarwal vs Union of India, 204 (2013) DLT 401 (DB). No other grounds have been availed by