The definition of 'attempt' in examination regulations includes partial attendance, justifying discharges after failure to clear exams.

ORDER

This Writ Petition is filed challenging the impugned order, dated

06.02.2025, whereby, the petitioner was discharged from the M.B.B.S course.

2. The ground, on which, the petitioner was discharged is that even though he had made four attempts, he did not clear the first professional M.B.B.S examination and therefore, he was discharged.

3. The learned Counsel for the petitioner would submit that while it is true that the petitioner had earlier filed W.P.No.24526 of 2025 and also W.P.No.37748 of 2025. In both the earlier rounds, the relevant point that when the petitioner has cleared the Physiology Paper – I and Paper – II and has not cleared Human Anatomy and Biochemistry, it was not placed before this Court that in the first attempt in November, 2023, the petitioner was not permitted to write these two papers. Thus, the petitioner was not permitted to appear. Even after the fourth attempt, the respondents themselves had issued a communication that the petitioner has passed Physiology only in the fourth attempt and he appeared only three times in the other papers and there is one more attempt for the petitioner to pass Human Anatomy Paper – I and Paper -II and Biochemistry Paper – I and Paper- II.

4. In reply thereof, the learned Senior Central Government Standing Counsel for the National Medical Commission would rely upon the regulation No.7.7. The same is extracted hereunder:-

“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.”

5. The validity, in respect thereof and was upheld also the fact that it will apply even to the students prior to the year 2020 was also all held by the Delhi High Court in Sachin and Ors. Vs. Union of India and Ors. (W.P.(C).No.13180 of 2022). The Special Leave Petition, filed against the said Writ Petition, is also dismissed by the Hon’ble Supreme Court of India. Upon considering the said regulation No.7.7, the last sentence categorically mentions that partial attendance of examination in any subject shall be counted as an attempt. Therefore, when the petitioner appeared for the examination in the month of November, 2023, he partially attended for Physiology, but, however, was not permitted to write Human Anatomy and Biochemistry, but, as per the definition for the term ‘attempt’ as contained in regulation No.7.7, it should be noted that the same would also be included as an attempt. Under the above circumstances, even though the petitioner is filing this Writ Petition as a third attempt, even by considering the matter on merits, I am not able to grant relief to the petitioner.

6. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 26.02.2026 Neutral Citation : no grs To