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2026 Supreme(Online)(Kar) 13237
THE HIGH COURT OF KARNATAKA
Ashok S. Kinagi, J
Navyad – Appellant
Versus
National Medical Commission – Respondent
WRIT PETITION NO. 37637 OF 2025|WRIT PETITION NO. 37159 OF 2025|WRIT PETITION NO. 37164 OF 2025|WRIT PETITION NO. 38093 OF 2025|WRIT PETITION NO. 38249 OF 2025|WRIT PETITION NO. 38797 OF 2025
For the Appellants/Petitioners: Pradeep Patil, Raghavendra G Gayatri, Praveena Kumara Nirvani, Abhishek Malipatil
For the Respondents: H.R. Showri, Mamatha Kulakarni, Manjunath K., Mukund Prasad, Prajwal Satya Prakash, Mohammed Ayub Ali, N.K. Ramesh
The regulation limiting the number of attempts for first-year medical professional examinations is constitutionally valid. Consistent with judicial discipline, High Courts must adhere to settled legal precedents established by other judicial bodies and affirmed by the Supreme Court regarding the validity of central medical education regulations.
Headnote:(A) Constitution of India - Articles 14 and 21 - Graduate Medical Education Regulations, 2019 - Regulation 7(7) - Proviso to Regulation 21 of Graduate Medical Education Regulations, 2023 - Constitutional validity of four-attempt limit for MBBS students - Challenge to rule prescribing automatic cessation of studies upon exhaustion of examination attempts - Regulation upheld by Division Bench of another High Court and confirmed by Apex Court - Principle of judicial discipline requires consistency with settled law regarding central regulations. (Paras 10, 11, 12)
Facts of the case:
The petitioners, who are undergraduate medical students, challenged the constitutional validity of regulations imposing a four-attempt limit and a four-year time limit for passing the first professional examination. They contended that these regulations were arbitrary, unconstitutional, and violated fundamental rights to equality, education, and livelihood, further arguing that the lack of academic support for students contributed to student stress and dropouts. They sought various directions, including the constitution of independent expert committees and implementation of remedial academic frameworks.
Findings of Court:
The court noted that the challenge to the specific regulation had already been adjudicated by a Division Bench in another jurisdiction, where it was held that petitioners failed to dislodge the presumption of constitutionality, had no vested right to secure a degree, and possessed no legitimate expectation to unlimited attempts. The Apex Court confirmed the dismissal of the challenge to the regulation. Following the principle of judicial discipline, this court found no grounds to deviate from the established position.
Issues: Whether the regulation prescribing a four-attempt limit for the first professional medical examination is unconstitutional and violates fundamental rights, and whether the court should direct the implementation of alternative academic support mechanisms.
Ratio Decidendi: Judicial discipline dictates that a High Court should follow the settled law regarding the constitutionality of a Central Regulation as established by other jurisdictional High Courts and upheld by the outcome of Supreme Court proceedings, thereby maintaining consistency in the application of national statutory medical education standards.
Result: Petitions dismissed.
| Table of Content |
|---|
| 1. overview of petitioners' challenges against the four-attempt mbbs rule. (Para 1 , 2 , 3) |
| 2. parties' contentions on constitutionality and res judicata applicability. (Para 4 , 5 , 6 , 7 , 8) |
| 3. judicial precedent upholds the validity of the four-attempt regulation. (Para 9 , 10 , 11 , 12) |
| 4. dismissal of writ petitions based on established judicial findings. (Para 13) |
IN WP No. 37637/2025
BETWEEN:
1. NAVYA
D/O SURYA PRAKASH G
AGED ABOUT 21 YEARS
R/AT GM INFINITE E-CITY TOWNSHIP
PHASE II, 2ND FLOOR,
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
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
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
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,
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
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 1
