Case Note & Summary
Background: This writ petition before Bombay High Court concerned a first-year MBBS student who sought judicial intervention to secure a fourth attempt for the Anatomy theory and practical examination. The petitioner was admitted to Vedantaa Institute of Medical Sciences in August 2023 after qualifying NEET-UG 2023. The respondent authorities were the Maharashtra University of Health Sciences (MUHS), the National Medical Commission (NMC), and the college. The dispute centered on the interpretation of attempt limits under medical education regulations. Facts: The petitioner cleared internal assessments in all subjects except Anatomy, where she fell short by two marks in August 2024. Consequently, she was ineligible to appear for Anatomy in the regular August 2024 university examination but appeared for other subjects and failed all of them. She then took the supplementary examination in October 2024, marking her first actual attempt at Anatomy, and failed the theory by four marks. She appeared again for Anatomy in September 2025, passing practical but failing theory. Her third Anatomy attempt occurred in December 2025, where she again failed theory by ten marks. The college informed her that she could not get another attempt because she had already expended four years from admission and had used four attempts for first year. She filed the writ petition. Legal Issues: The primary legal question was whether Regulation 21 of the Graduate Medical Education Regulations, 2023, which states that no student shall be allowed more than four attempts for first year MBBS, applies per subject or to the entire year. A secondary issue was whether the omission of the partial attendance clause from the superseded 1997 Regulations affected the count of attempts. Arguments: The petitioner argued that she had appeared for Anatomy only three times, and the August 2024 examination, where she did not sit for Anatomy due to ineligibility, should not be counted under the 2023 Regulations that omitted the partial attendance clause. She relied on Rajkumar Singh v. Amravati University. The respondents contended that the four-attempt cap applies to the year as a whole, irrespective of subjects; the petitioner already had four first-year attempts; and the omission of the old clause made no difference. They sought dismissal with costs. Court's Analysis: The court examined Regulations 11.2.6 and 11.2.7 of the 1997 Regulations and Regulation 21 of the 2023 Regulations. It noted that Regulation 21 clearly provides no student shall be allowed more than four attempts for first year MBBS under no circumstances. The court held that the provision refers to four attempts for the first year as a whole, not per subject. The absence of the partial attendance clause from the new regulations did not change the plain meaning. Since the petitioner had admittedly given four first-year attempts, she could not be allowed another. Decision: The court dismissed the writ petition, holding that the petitioner had exhausted the permissible attempts for first-year MBBS and was not entitled to a further attempt in Anatomy.
Headnote
A) Medical Education - Attempt Limit for First Professional MBBS - Regulation 21, Graduate Medical Education Regulations, 2023 - The court held that the maximum of four attempts for First Professional MBBS applies to the entire first year, not separately to each subject. A student who appeared in four university examinations for first year MBBS, even if not in all subjects each time, exhausted the attempts and could not claim an additional attempt in a single subject. Held that the plain language "under no circumstances" precluded any further attempt. (Paras 24-26) B) Statutory Interpretation - Supersession and Omission of Clause - Regulation 11.2.7(2), Graduate Medical Education Regulations, 1997 and Regulation 21, Graduate Medical Education Regulations, 2023 - The omission of "Partial attendance at any University examination shall be counted as an availed attempt" from the 2023 Regulations did not alter the clear wording of Regulation 21, which limits attempts to four for the first year irrespective of subjects attempted. Held that absence of the clause did not allow excluding the August 2024 examination from the attempt count. (Paras 22-25) C) Writ Jurisdiction - Relief - Writ Petition No.7366 of 2026 - The Court refused to direct the university to permit the petitioner to appear for a fourth Anatomy attempt, finding that she had already had four first-year attempts. Held that the petition lacked merit and was dismissed. (Paras 26-27)
Issue of Consideration
Whether a medical student who failed in one subject despite appearing in four first-year university examinations is entitled to an additional attempt under Regulation 21 of the Graduate Medical Education Regulations, 2023, and whether the omission of the partial attendance clause from the superseded 1997 Regulations affects attempt computation.
Final Decision
The writ petition was dismissed; petitioner not entitled to a fourth attempt in Anatomy because she had already exhausted four attempts for first-year MBBS under Regulation 21 of the 2023 Regulations.
Law Points
- Regulation 21 of Graduate Medical Education Regulations 2023 caps attempts for first year MBBS to four irrespective of subjects
- omission of partial attendance clause from 1997 Regulations does not change attempt count
- attempts count for the year
- not per subject
- under no circumstances more than four attempts allowed
