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MBBS Students' Plea on NMC Regulations Dismissed By Delhi High Court

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ANI    21 November 2022

Earlier, the petitioner student filed a plea seeking directions to set aside Regulation 7.7 of the Regulations on Graduate Medical Education (Amendment), 2019 by the NMC as being ultra vires to Articles 14, 19(1)(g), and 21 of the Constitution of India.

 

In the plea, the students sought direction from the respondents to restore and confirm their MBBS admission at their respective medical colleges in terms of earlier policy, i.e., the Regulations on Graduate Medical Education, 1997. They also sought direction from the respondents to grant a mercy chance in the form of an additional examination attempt to the petitioners. They stated that the regulation was discriminatory.

 

The plea also stated that the retrospective implementation of the impugned regulations is in gross violation of the principles of natural justice. It added that the action of the respondents in preventing the students from appearing in the examination amounted to a misuse of the law.

 

On November 17, a bench of Justice Satish Chander Sharma, Delhi Chief Justice, and Justice Subramonium Prasad dismissed the petition. They stated that the petitioners do not have any right to secure a medical degree, and hence, the impugned regulation can be applied retrospectively.

 

They also added that the court did not find any reason to interfere with the impugned regulation in the absence of an abuse of power.

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