BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2024 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.4534 of 2024 S.U.Subhasrii ... Petitioner Vs.

1.The Secretary, National Medical Commission, Pocket – 14, Sector – 8, Dwarka, Phase – 1, New Delhi – 110 077.

2.The Director, National Medical Commission, Under Graduate Medical Education Board, Pocket – 14, Sector – 8, Dwarka, Phase – 1, New Delhi – 110 077.

3.The Registrar, Tamil Nadu Dr.M.G.R.Medical University, Maduravoyil, Chennai.

4.The Examiner, Tamil Nadu Dr.M.G.R.Medical University, Maduravoyil, Chennai.

5.The Principal, Velammal Medical College and Research Institute, Madurai – Tuticorin Ring Road, Anuppanadi near Chinthamani, Madurai – 625 009. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant one more opportunity for the petitioner to write exam of arrear papers for Human Anatomy and Biochemistry, based on the representation of the petitioner dated 22.02.2024.

For Petitioner : Mr.B.Prasanna Vinoth For Respondents : Ms.Shubharanjani Ananth Standing Counsel for R.1 Mr.A.S.Vaigunth for R.3 & R.4

ORDER

Heard both sides.

2.The petitioner joined MBBS course in the year 2021-22 academic year. She could not clear her first semester papers even after taking 4 chances. The petitioner now wants this Court to direct the second respondent to give her one more chance.

3.The learned Standing Counsel appearing for the National Medical Commission drew my attention to the Graduate Medical Education Regulation, 2023 in which there is a ceiling limit on the number of attempts which a candidate may take.

4.I expressed my doubt if whether 2023 regulations will apply in the case of a student who joined the course earlier in point of time. Thereafter, the learned Standing Counsel submitted that even in the Graduate Medical Education Regulations, 1997, the ceiling limit of 4 attempts was there. My attention is drawn to Regulation 7(3) of 1997 regulations. It reads as follows:

“7(3) The first 2 semester (approximately 240 teaching days) shall be occupied in the Phase I (Pre- clinical) subjects and introduction to a broader understanding of the perspectives of medical education leading to delivery of health care. No student shall be permitted to join the Phase II (Para-clinical/clinical) group of subjects until he has passed in all the Phase I (Pre-clinical subjects) for which he will be permitted not more than four chances (actual examination), provided four chances are completed in three years from the date of enrollment.”

My attention was also drawn to the order dated 17.11.2022 passed by the Hon'ble Delhi High Court in W.P.C.No.13180 of 2022 (Sachin & Others Vs Union of India & Others). The Hon'ble Delhi High Court had held that there is no legal right as such in such matters and hence the writ will not be maintainable. The regulations as well as the precedent is against the writ petitioner. I am not in a position to grant relief.

5.This writ petition stands dismissed. There shall be no order as to costs.

05.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To

1.The Secretary, National Medical Commission, Pocket – 14, Sector – 8, Dwarka, Phase – 1, New Delhi – 110 077.

2.The Director, National Medical Commission, Under Graduate Medical Education Board, Pocket – 14, Sector – 8, Dwarka, Phase – 1, New Delhi – 110 077.

3.The Registrar, Tamil Nadu Dr.M.G.R.Medical University, Maduravoyil, Chennai.

4.The Examiner, Tamil Nadu Dr.M.G.R.Medical University, Maduravoyil, Chennai.

G.R.SWAMINATHAN, J.

MGA

05.04.2024