HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 11767/2022

Shashi Kanwar D/o Shri Kamal Singh Goud, Aged About 24

Years, Resident Of Shiv Colony, Near Surana Krishi Farm, Bissau

Road, Ward No. 23, Churu.

----Petitioner

Versus

1.

Union Of India, Through Secretary, Ministry Of Medical

And Family Welfare, Govt. Of India, New Delhi.

2.

National Medical Commission, Pocket-14, Sector-8,

Dwarka Phase-1, New Delhi Through Its Secretary.

3.

Rajasthan University Of Health Science, Jaipur Through

Examination Controller.

4.

The Principal, Rnt Medical College, Udaipur.

----Respondents

Connected With

D.B. Civil Writ Petition No. 11782/2022

Manisha Kumari D/o Shri Karan Singh, Aged About 23 Years,

Resident Of A-14 Bajrang Vihar-3, Harmada Ghati, Nirdar, Jaipur.

----Petitioner

Versus

1.

Union Of India, Through Secretary, Ministry Of Medical

And Family Welfare, Govt. Of India, New Delhi.

2.

National Medical Commission, Pocket-14, Sector-8,

Dwarka Phase-1, New Delhi Through Its Secretary.

3.

Rajasthan University Of Health Science, Jaipur Through

Examination Controller.

4.

The Principal, Govt. Medical College, Bhilwara.

----Respondents

D.B. Civil Writ Petition No. 11785/2022

Ritimbhra Sahran D/o Shri Rajender Kumar, Aged About 25

Years, Dungarsinghpura Vpo Ganeshgarh, District Sri

Ganganagar.

----Petitioner

(2 of 3)

[CW-11767/2022]

Versus

1.

Union Of India, Through Secretary, Ministry Of Medical

And Family Welfare, Govt. Of India, New Delhi.

2.

National Medical Commission, Pocket 14, Sector 8,

Dwarka Phase-1, New Delhi Through Its Secretary.

3.

Rajasthan University Of Health Science, Jaipur Through

Examination Controller.

4.

The Principal, Govt. Medical College, Barmer.

----Respondents

For Petitioner(s)

:

Mr. R.S. Choudhary

For Respondent(s)

:

Mr. Mukesh Rajpurohit, Dy. S.G.

Mr. Virendra Lodha, Sr. Advocate with

Mr. Sheetal Kumbhat.

Ms. Vandana Bhansali.

Mr. Vinay Kothari.

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL

HON'BLE MR. JUSTICE DINESH MEHTA

Order

28/11/2022

Heard learned counsel for the parties.

The petitioners have not been able to clear the MBBS first

year despite four attempts. Therefore, the petitioners are

challenging the validity of Regulation 7.7 of the Regulations on

Graduate Medical Education (Amendment) 2019, which provides

for a maximum of four attempts for clearing a particular

examination.

The validity of the aforesaid Regulation has been upheld by

the Division Bench of the Delhi High Court vide its decision dated

17.11.2022 passed in WPC No.13180/2022 and connected

petitions.

In view of the fact that the Regulation 7.7 is intact, the

petitioners cannot be allowed any fresh attempt to appear in the

(3 of 3)

[CW-11767/2022]

MBBS first year course. Any such concession or grant of fifth

attempt would be contrary to the statutory regulations.

Accordingly, we find no merit in the writ petitions and the

same are dismissed.

(DINESH MEHTA),J

(PANKAJ MITHAL),CJ

64-a.asopa/-