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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI WRIT PETITION No.5766 of 2025

23 MARCH, 2026 Between:

Mohammed Riyan Ali Khan … Petitioner

AND National Medical Commission,

represented by its Secretary, Pocket – 14, Sector – 8, Dwaraka, Phase – I,

New Delhi – 110077 and five others …Respondents

: O R D E R :

This Writ Petition is filed seeking the following relief:

“…to issue an Order or Direction, more in the nature of Writ of Mandamus declaring the Circular No.C.20011/122/2023-NMC/Coord dated 12.05.2023 issued by Respondent No.1 and Board Circular No.U.13021/01/2023/UGMEB Date 11.12.2023 issued by respondent no.2 permitting the students to sit for the 5^th Time (Mercy Attempt) as violative of Article 14 besides being Discriminatory and Disproportionate in so far as not extending the same Analogy proportionately and equally for the other Academic Years including the petitioners and consequently direct the respondent Nos.1 and 2 to extend the same analogy as reflected in the circular dated 12.05.2023 besides directing respondent nos.3 to 6 permitting the petitioner to appear for examination in one subject i.e., Anatomy of 1^st Year MBBS of the Academic Year 2022-2023 scheduled to be held on 10.03.2025 and 12.03.2025 or any subsequent date in the interest of Justice and

pass…”

2. Heard Mr. Govind Reddy Mandadi, learned counsel for the petitioner, Ms. Gorantla Sri Ranga Pujitha, learned Standing

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Counsel for National Medical Commission appearing for respondent Nos.1 and 2 and Mr. T.Sharath, learned Standing Counsel for Kaloji Narayana Rao University of Health Sciences appearing for

respondent Nos.3 and 5. Perused the record.

3. It is the case of the petitioner that he joined the five year MBBS course in respondent No.4-college in the year 2022. He failed in the First Year MBBS Anatomy examination on four occasions. In his last attempt, he was unable to succeed due to ill-health, perhaps due to recurring effects of COVID-19. Thereafter, he approached respondent No.4-college seeking permission to appear for a fifth and final attempt. However, the said request was rejected on the ground that the Rules framed by respondent No.1 do not permit a fifth attempt. Further case of the petitioner is that students admitted in the academic years 2019-20 were granted the benefit of a fifth attempt. In this regard, he made an oral representation to respondent No.3 on 06.01.2025, requesting a recommendation to respondent No.1 to extend the same benefit to students admitted in the academic years 2019-20 to 2022-23, but the same was not

considered till date. Hence, the present writ petition.

4. Learned counsel for the petitioner submits that the benefit of a fifth attempt ought to be extended uniformly to all the students,

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inasmuch as they pursue the same course, study the same subjects and syllabus and appear for the same examinations, albeit in different academic years. He further submits that if the petitioner is not permitted to avail a fifth attempt, it would seriously prejudice his academic career and future prospects. In support of his contention, he relied on the judgment of the Court of Appeal of the Republic of Trinidad and Tobago in Annissa Webster and others v. The Attorney General of Trinidad and Tobago¹ and drawn attention of

this Court to paragraph No.20, which is as follows:

“20. The position is much the same in the law of the European Union. The principle was summarized by the Court of Justice in Eman v College van burgemeester en wethouders van Den Haag (Case C-300/04) [2006] ECR

I-8055:

“… the principle of equal treatment or non- discrimination, which is one of the general principles of Community law, requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such

treatment is objectively justified.”

(para 57)

…”

Hence,