Petition by Medical Student to Grant Fifth Attempt in Anatomy Subject Denied, Clarifying Absolute Cap on First Year MBBS Exam Attempts Regardless of Subject
In a significant ruling dated August 31, 2026, the Bombay High Court (Division Bench comprising Justices R. I. Chagla and Firdosh P. Pooniwalla) has dismissed a writ petition filed by Aarya Avinash Patil, a first-year MBBS student, seeking permission to appear for a fourth attempt in the Anatomy theory and practical examination. The Court reinforced the absolute restriction under Regulation 21 of the Graduate Medical Education Regulations, 2023, which caps the number of attempts for the entire first year MBBS course at four, irrespective of the subjects attempted during those attempts.
Background and Facts:
The petitioner, admitted to the Vedantaa Institute of Medical Sciences under Maharashtra University of Health Sciences (MUHS), appeared for the first-year MBBS exams starting August 2024. She initially failed in all subjects, including Anatomy, and subsequently cleared all subjects except Anatomy in supplementary exams. She was permitted three attempts in Anatomy theory and practical exams but failed to clear the theory portion. Despite her contention that she had only attempted the Anatomy subject thrice and therefore was entitled to a fourth attempt, the college and MUHS denied her request, citing the expiry of four years from her admission date and the four-attempt cap under applicable regulations.
Legal Contentions:
The petitioner argued that the earlier 1997 Graduate Medical Education Regulations included wording that “Partial attendance at any University examination shall be counted as an availed attempt,” which was omitted in the 2023 Regulations. She contended that her first attempt in Anatomy should not be counted since she was not eligible to appear for that subject due to internal assessment shortfall. She relied on a 1996 Bombay High Court judgment in Rajkumarsingh S/o. Dr. K. B. Singh v. Amravati University, which held that attempts not actually made due to non-issuance of admission cards (e.g., due to lack of attendance) should not be counted.
The respondents, including MUHS, the National Medical Commission (NMC), and the college, countered that the omission of the “partial attendance” phrase did not dilute the clear cap of four attempts for the first year MBBS, as stated in Regulation 21 of the 2023 Regulations. They emphasized that the regulation applies to the entire first year as a whole and not on a subject-by-subject basis. They also distinguished the Rajkumarsingh case, noting that it dealt with a situation where the student could not appear due to non-issuance of admission cards, unlike the present case where the petitioner had appeared for exams.
Court’s Analysis and Judgment:
The Court meticulously analyzed Regulations 11.2.6 and 11.2.7 of the 1997 Regulations and Regulation 21 of the 2023 Graduate Medical Education Regulations. It observed:
- Regulation 21 of the 2023 Regulations unequivocally states that no student shall be allowed more than four attempts for the first year (First Professional MBBS), with no subject-wise distinction.
- The omission of the phrase regarding partial attendance from the 2023 Regulations does not alter the absolute cap on attempts.
- The petitioner had already exhausted four attempts at the first year MBBS exams, including subjects other than Anatomy.
- The Rajkumarsingh judgment was factually distinguishable because it involved a student who could not appear due to lack of attendance and thus was not issued an admission card, whereas the petitioner had appeared in the exams.
Consequently, the Court held that the petitioner is not entitled to a fifth attempt in the Anatomy subject or any further attempts beyond the four permitted for the first year MBBS course.
Order:
The Bombay High Court dismissed the writ petition and declined to grant any relief to the petitioner. No costs were imposed on either side.
Significance:
This judgment clarifies the scope of Regulation 21 under the Graduate Medical Education Regulations, 2023, emphasizing the strict four-attempt limit for the first year MBBS course as a whole. It confirms that attempts are counted cumulatively across subjects, and previous attempts cannot be excluded based on partial attendance or eligibility issues in individual subjects. The ruling also distinguishes prior case law based on factual differences, thereby providing clearer guidance to medical colleges, universities, and students regarding examination attempt limits.
Bottom Line:
Graduate Medical Education - A student is restricted to four attempts for the first year (First Professional MBBS) under Regulation 21 of the Graduate Medical Education Regulations, 2023, irrespective of the subjects attempted in each attempt. Omission of the words "Partial attendance at any University examination shall be counted as an availed attempt" from the 2023 Regulations does not alter this restriction.
Statutory provision(s):
Graduate Medical Education Regulations, 1997 (Regulations 11.2.6, 11.2.7), Graduate Medical Education Regulations, 2023 (Regulation 21)
