IMPORTANT POINT
The court established that the Medical Council of India Regulations of 1997 did not impose a 9-year limit for MBBS course completion, rendering the notice invalid.

JUDGMENT :

(Robin Phukan, J.) :

Heard Mr. R. Karim, learned counsel for the petitioners and Mr. B. Gogoi, learned Standing counsel for the respondent Nos. 1 to 5. Also heard Mr. D.K. Baidya, learned Standing counsel for the respondent No. 6.

2. As the issue involved in WP(C) No. 904/2024 and WP(C) No. 955/2024, are same and as the respondents in both the petitions are same, and as agreed by learned Advocates of both the parties, it is proposed to dispose of these two petitions by this common judgment and order.

3. In these two writ petitions, under Article 226 of the Constitution of India, the petitioners, namely, Rashidul Islam Mandal in WP(C) No. 904/2024 and Tariq Hussain in WP(C) No. 955/2024, have put challenge the correctness or otherwise of the notice dated 12.02.2024, issued by the respondent No. 3, the Principal-cum-Chief Superintendent, Gauhati Medical College and Hospital, Bhangagarh, Guwahati, debarring the petitioners from appearing in further MBBS Examination to be held on March, 2024.

4. The impugned notice dated 12.02.2024, is reproduced herein below for ready reference:

5. The background facts, leading to filing of the present petitions, are briefly stated as under:

“The petitioners in these two petitions are pursuing MBBS course in the Gauhati Medical College and Hospital in the final year. The petitioner, namely, Rashidul Islam Mandal in WP(C) No. 904/2024, took admission on 29.07.2013, bearing Roll No. GAU 13365 and the petitioner, namely, Tariq Hussain in WP(C) No. 955/2024, took admission on 03.07.2014, bearing Roll No. GAU 09487, but, they could not complete their MBBS course since then. Thereafter on 12.02.2024, the respondent No. 3 had issued the impugned notice and thereby, debarred them from appearing in further MBBS Examination, to be held in March, 2024. In the said notice, the respondent No. 3 had made reference to the Medical Council of India, New Delhi, Regulation on Graduate Medical Education, 2012 of page No. 10 (Clause 7.8) and as per the said Regulation, a student shall not be allowed to graduate later than 9 years of joining first MBBS course.

It is the pleaded case of the petitioners that there is no Medical Council of India, New Delhi, Regulation on Graduate Medical Education, 2012 and the same ought to have been the Medical Council of India Regulations on Graduate Medical Education, 1997, which was amended on 04.11.2019, and the said Regulation governs with respect to the batches of students admitted in MBBS course until the academic year 2018-19. Now, the said amended Regulation provides that a student shall not be allowed to graduate later than 9 years of joining his MBBS course, and since both the petitioners have failed to graduate after completion of 9 years, they are not entitled to appear in further examination to be held in March, 2024.”

6. Being aggrieved, the petitioners have approached this Court by filing the present two