ORDER

Heard Mr. R. Karim, learned counsel for the petitioner. Also heard Mr. D. Upamainyu, learned Standing Counsel, Health Department for the respondent Nos. 1 to 5 and Mr. D. K. Baidya, learned Standing Counsel, NMC for the respondent No.6.

2. The petitioner by filing this writ petition has challenged the Communication dated 20.02.2024 (Annexure-4), by which he along with two other persons have been debarred to appear in any MBBS Examination as per the NMC Regulation. The said Communication was issued by the Controller Examinations, Srimanta Sankardeva University of Health Sciences to the Principal of Jorhat Medical College, Jorhat. The petitioner apparently is a medical student of Jorhat Medical College and by taking his date of admission as 03.07.2014 and also the relevant provisions of the Regulation on Graduate Medical Education (Amendment) 2019, the petitioner apparently is found to have completed 10(ten) years from the date of his joining the MBBS Course and therefore, he has been debarred in terms of Regulation 11.2.6 of the Amendment Regulation of 2019.

3. The learned counsel for the petitioner submits that the petitioner took admission in the Medical College for the MBBS Course on 03.07.2014 and at the relevant time, the Amendment Regulation of 2019 was not in existence. He submits that Regulation 2(i) of the Amendment Regulation clearly provides that the same does not cover the batch of students who were admitted to the MBBS Course up to the academic year 2018-19. In other words, the same is only applicable for those who took admission from the academic year 2019-20 onwards. He therefore submits that the impugned Communication dated 20.02.2024 cannot be sustained and the same should be set aside. He also submits that the two persons whose name appeared in the impugned letter also approached this Court by filing WP(C)/2447/2024 and WP(C)/2780/2024. Both the writ petitions have been allowed vide orders dated 14.05.2024 and 10.04.2025 respectively. He therefore submits a similar order may be passed in the instant case.

4. Mr. D. K. Baidya, learned Standing Counsel, NMC submits that it has been clarified as per the instructions received from the President of Under Graduate Medical Education Board that the petitioner belongs to the academic batch of 2014 and admittedly a batch prior to the year 2018-19 session. Therefore the cap of 10(ten) years to complete the MBBS Course will not be applicable to his case. Mr. D. Upamainyu, learned Standing Counsel, Health Department also endorses to the submission of Mr. D. K. Baidya, learned Standing Counsel, NMC.

5. Therefore upon considering the submissions made by the learned counsel for the parties and on perusal of the materials available on record, it is seen that the petitioner cannot be covered by the cap of 10(ten) years for completion of the MBBS Course as provided by Regulation 11.2.6 of the Amendment Regulation 2019 as he admittedly belongs to the sessions prior to 2019-2020. Accordingly, the impugned Communication dated 20.02.2024 insofar as the petitioner is concerned is found to be unsustainable and the same is set aside.

6. With the above observations and directions, the writ petition stands disposed of. No cost.