Court Dismisses Petition Seeking Additional Chance, Stresses Adherence to Graduate Medical Education Regulation, 2023
In a significant judgment, the Kerala High Court dismissed a writ petition filed by Krishnapriya M., an MBBS student, seeking permission for an additional attempt to clear her First Professional MBBS Degree Examination. The court ruled in favor of maintaining the academic regulations prescribed under the Graduate Medical Education Regulation, 2023 (GMER, 2023), which limits students to a maximum of four attempts to pass the examination.
The petitioner, a student at the 7th respondent college, had failed to clear the first year MBBS exams in subjects such as Human Anatomy, Physiology, and Biochemistry within the stipulated four attempts. Represented by a team of advocates led by Shri. Krishnadas P. Nair, she argued for a mercy chance or an allowance to take the examination within the four-year period designated for completing the first MBBS course.
Justice Bechu Kurian Thomas, presiding over the case, emphasized the clarity of Regulation 21 of GMER, 2023, which explicitly restricts the number of attempts to four, irrespective of whether they are regular or supplementary exams. The court highlighted that academic regulations like these are crucial to ensuring the competence of medical professionals, thereby safeguarding public health.
The court further noted that judicial interference in academic prescriptions should only occur in exceptional circumstances, which were not evident in this case. Citing a precedent from the Delhi High Court in Sachin v. Union of India, the judgment underscored that the regulation of attempts is necessary to maintain the standards and integrity of the medical profession.
Despite the petitioner's plea for leniency, the court found no merit in the arguments presented, reiterating that the regulations are designed after careful deliberation to ensure only qualified individuals enter the medical field. The writ petition was consequently dismissed, reinforcing the judiciary's stance on upholding academic regulations unless they are arbitrary or unjust.
Bottom Line:
Medical Education - MBBS student cannot be granted more than four attempts to clear the First Professional MBBS Degree Examination, irrespective of whether the attempts are regular or supplementary, as per the Graduate Medical Education Regulation, 2023.
Statutory provision(s): Graduate Medical Education Regulation, 2023
Krishnapriya M. v. State of Kerala, (Kerala) : Law Finder Doc id # 2966916
