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HIGH COURT OF JUDICATURE FOR RAJASTHAN - PRINCIPAL SEAT AT JODHP
YOGESH KOTED – Appellant
Versus
UNION OF INDIA – Respondent
CW 14793/2022



HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 14793/2022

Yogesh Koted S/o Bal Krishna Koted, Aged About 25 Years, R/o

Shastri Colony, Tilak Nagar, Dungarpur (Raj.).

----Petitioner

Versus

1.

Union Of India, Secretary, Medical And Health Education,

Govt Of India, New Delhi.

2.

Medical Council Of India, Through Its President, Sector-8,

Pokcet-14, Dwarka, New Delhi 110077.

3.

National Medical Commission, Is Phase, Dada Dev Temple

Road, Sector 8 Dwarka, New Delhi 110077.

4.

Office Of Chairman, Neet Ug Medical And Dental

Admission/counselling Board-2019 And Principal And

Controller, Sms Medical College And Attached Hospitals,

Jaipur (Raj.).

----Respondents

For Petitioner(s)

:

Ms. Neha Singaria.

For Respondent(s)

:

Mr. Mukesh Rajpurohit, Dy. S.G.

Mr. Virendra Lodha, Sr. Advocate

through V.C.

Ms. Vandana Bhansali.

Mr. Sheetal Kumbhat.

Mr. Pradeep Singh for Mr. Vinay

Kothari.

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL

HON'BLE MS. JUSTICE REKHA BORANA

Order

24/11/2022

Heard learned counsel for the parties.

The petitioner has not been able to clear the MBBS first year

despite four attempts. Therefore, the petitioner is challenging the

validity of Regulation 7.7 of the Regulations on Graduate Medical

(2 of 2)

[CW-14793/2022]

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

petitioner cannot be allowed any fresh attempt to appear in the

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 petition and the

same is dismissed.

(REKHA BORANA),J

(PANKAJ MITHAL),CJ

38-a.asopa/-

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