MBBS : Kerala High Court Admits Plea Challenging NMC Rule Limiting Number Of Attempts To Clear Exam, Protects Students From Coercive Action
3 Sept 2022 10:45 AM
The Kerala High Court on Friday admitted a petition filed by a group of students pursuing MBBS course in various colleges under the Kerala University of Health Sciences (KUHS), challenging the amendment to the Regulations on Graduate Medical Education,1997 by the National Medical Commission
The Amendment notified on 04.11.2019 had restricted the maximum number of attempts to clear the first Professional University examination to four. The petitioners contended that as per the earlier guidelines of the Medical Commission of India ( replaced by NMC from 2019), the course could be completed within 10 years.
Justice Devan Ramachandran ordered that no coercive action ought to be taken against the medical students, while noting that the matter was one of importance which deserves to be admitted.
In the petition moved through Advocates M.R. Abhilash, Sreepriya A., and Vishal Ajayan V., the petitioners averred that they had secured admission to the various colleges through the National Eligibility and Entrance (NEET) Test during the academic year 2019 - 20. Their courses had begun on 8th August, 2019 onwards. It was during this time that the COVID-19 pandemic hit, and the nation went into lockdown. Subsequently, pursuant to State government notification, the students resumed their classes through virtual mode. It was averred by the petitioners that they faced various difficulties during this period due to some of them hailing from areas such as Wayanad where there were network connectivity issues, and some facing health problems. It was submitted that the students were also under extreme stress due to the vast syllabus of the MBBS Course, and the online tutorials were also frequently disrupted.
It was at this juncture that the KUHS announced the 1st year university examination for the 2019-2020 academic year students. It was averred by the petitioners that as per the guidelines, candidates ought to obtain minimum 50% marks separately for University theory examination in each subject, and not less than 40% marks in theory and practical separately assigned for internal assessment in a particular subject in order to be eligible for appearing at the final University examination of that subject. The students passing the examination in three subjects during first annual year are eligible for promotion to second year. Pursuant to the same, on 15th March 2021, the examinations for the subjects of Anatomy/ Physiology & Biochemistry were conducted, and once it was over, the students were allowed to join in the 2nd year class for the period of four months. However, on 19.07.2021 the result of the examination was published, and the petitioners were seen as having not secured the minimum mark of 50% as mandate by the university, In fact, most of them had lost their subjects by 3 or 4 marks.
It was averred that the SAY examinations were conducted by KUHS on 16th August 2021, for the students who failed to clear three subjects in 1st annual year exams, without giving adequate time to the students to revise the failed subjects, as a result of which they couldn't clear it. The supplementary examinations which were conducted subsequently also did not yield a favourable outcome for the students. It was in this context that the KUHS issued the impugned notification on 22nd July 2022, stating that the amended Regulations would be applicable to batches admitted in MBBS courses academic year 2019-2020, which also changed the pattern of examination.
Aggrieved by the same, the petitioners filed the instant petition.
It was further averred by the petitioners that as the MCI had been replaced by the National Medical Commission (NMC) on 8th August 2019, any amendment subsequent to the repeal of the MCI Act would be unconstitutional, and further added that in any case, since the petitioners got admission before the amendment, the same ought not to be applicable to them. It was further averred that the University ought to have extended a lenient treatment to petitioners taking note of the fact that the conferment of up to 5 marks as grace mark in an individual paper instead of adding the same to the total marks would have enabled the petitioners to clear the exam.
Hence, the plea prayed that the the petitioners' right to attempt forthcoming examination to be conducted by the University ought to be recognized, and the Court may issue suitable directions to allow them to appear in the said examination, and not let this right be taken away by the impugned amendment. It was also prayed by the petitioners that the amendment would be declared as unconstitutional and violative of Article and set aside.
The respondents in the instant case are represented by the Standing Counsel for KUHS, Advocate P. Sreekumar, Advocate Titus Mani Vettam, the Assistant Solicitor General of India, S. Manu, and the Government Pleader.
The matter has been listed for 6th October 2022, until which time the status quo as regards the petitioners was ordered to be maintained.
Case Title: Amal Nasim M. & Ors. v. Kerala University of Health Science & Ors.
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