ANIKETHAN R v. THE STATE OF KARNATAKA

[BY SRI. MANJUNATH K., HCGP FOR R1 & R2 (MA NOT FILED) SRI. N.K. RAMESH, ADVOCATE FOR R3 (VK NOT FILED) SMT. MAMATHA KULKARNI, ADVOCATE FOR R4 SRI. H.R. SHOWRI, ADVOCATE FOR R6 (VK NOT FILED) NOTICE NOT ORDERED IN R/O R5] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ALLOW THE PETITIONER ONE ADDITIONAL ATTEMPT TO APPEAR AND PASS THE EXAMINATION AND TO CONTINUE HIS STUDIES IN MBBS IS IS ENROLLED, COARSE TO WHICH HE SUCCESSFUL IN CLEARING THE EXAMINATION BY CONSIDERING THE REPRESENTATIONS DTD. 01.06.2025 (VIDE ANNX-P AND Q1 RESPECTIVELY). IF HE IN WP NO. 37164/2025 BETWEEN:

MS. SHRADDHA P MALLESH D/O MALLESH N. P., - 10 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR AGED 22 YEARS, UNI. REG. NO. 22M1458, R/O NO.100, RAMAGIRI HOBLI, HOLALKERE TALUK, TALIKATTE, CHITRADURGA 577539

MS. VAISHALI JAIN D/O RAKESH KUMAR SANCHETI, AGED 21 YEARS, UNI. REG. NO. 22M0907, R/O NO.154/250, NARASIPURA LAYOUT, VIDYARANYAPURA, BENGALURURU - 560097.

MS. PRUTHVINI, D/O MALLIKARJUNA, AGE 22 YEARS, UNI. REG. NO.22M1436, R/AT NO.160/1, 29TH WARD, HOSPETE, BALLARI - 583201.

MS. HALEEMA SADIYA D/O MR. HIFZUR RAHMAN, AGED 21 YEARS, UNI. REG. NO. 22M7252, R/O NO.21A, ROCKLANE, BELLAHALLI, NEAR BRIDGE BRICKLANE, BENGALURU 560064.

MS. SHREELAXMI D/O MR. GURULINGAPPA G. K., AGE -21 YEARS, UNI. REG. NO. 22M3241, R/AT PLOT NO.8, KUSNOOR ROAD, KRISHNA NAGAR, KUSNOOR, JNANAGNAGA, KALABURAGI 585106.

MR. JANISHAR AKHTAR S/O. MOHAMMED AKHTAR, AGED 23 YEARS, UNI. REG. NO.22M6797. R/O AZAD NAGAR, - 11 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR MADHOPARA PURNEA, PURNIA, BIHAR - 854501.

MS. AFIFA AZMI D/O MD. RAISUL AZAM, AGE 23 YEARS, UNI. REG. NO. 21M5059, R/O M.V.J. MEDICAL COLLEGE GIRLS HOSTEL, NH75, 30TH MILE, DANDUPALYA VILLAGE, HOSKOTE, BENGALURU - 562114.

MS. IRENE LALRINAWMI D/O P. B. SANGDINGLJANA, AGE 22 YEARS, UNI. REG. NO. 21M5196. R/O M.V.J. MEDICAL COLLEGE GIRLS HOSTEL, NH75, 30TH MILE, DANDUPALYA VILLAGE, HOSKOTE, BENGALURU - 562114.

MR. MOTHISH V., S/O MR. VINAYAGAMURTHY G., AGE 23 YEARS, UNI. REG. NO.21M5129, R/O NO.60, 5TH CROSS, 8TH MAIN, BRINDHAVAN NAGAR, SBM COLONY, MATHIKERE, BENGALURU-560054.

MR. RIFAQUAT TAMMIM, S/O MR. MOHAMMED ILIYAS PATHAN, AGED 22 YEARS, UNI. REG. NO. 21M8380, R/O NO.121/A, NAKUDHA MOHALLA, JAMIA MASJID, KARWAR, UTTARA KANNADA - 581352.

MR. DIGVIJAY YADHAV, S/O JAYANTH JADHAV, AGE 23 YEARS, UNI. REG. NO. 21M1267. R/AT NO.1118 SOHAM NIVAS, - 12 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR BANDHE ROAD, SATHYADRI NAGAR, BELGAUM 591108.

MS. YASHIKALA, D/O MR. C. ALEMYANGER, AGED 22 YEARS, UNI. REG. NO. 21M4884 R/O KIMS'S LADIES HOSTEL, BANASHANKARI, STAGE 2, BENGALURU 560070.

MR. KUTHUHAL M., S/O N. MANJUNATHA, AGED 22 YEARS, UNI. REG. NO. 21M7838. NO.441/A VAJRA, NEW KANTHARAJ URS ROAD, 2ND MAIN, 4TH STAGE, T K LAYOUT, MYSORE 570009.

MS. SHAMA P. J., D/O JAYASHANKAR MURTHY P. O., AGE 21 YEARS, UNI. REG. NO.21M4853, R/O JAYASHANKAR MURTHY, PANCHANAHALLI P.O., CHICKMAGALUR - 577182.

MR. HIMANSHU RANJAN S/O MR. SHEENAPPA, AGED 22 YEARS, UNI. REG. NO.20M6431 R/AT NO.2-2001, PACHADIBAILU HOUSE, KADESHWALYA, DAKSHINA KANNADA-574 325.

MR. SHAIK MOHAMMED AFNAN, S/O MR. KHALEEL SAB, AGE 23 YEARS, UNL. REG. NO. 20M5160, R/O PHOOLSHA MOHALLA, 1ST CROSS, KOLAR - 563101. - 13 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR

MR. MODI RUTUL NARENDRAKUMAR, S/O MR. NARENDRA A. MODI, AGE 22 YEARS, UNI. REG. NO 20M5205, R/O- A-20, AKSHATAM 1 BUNGLOWS, NEAR UPASANA SCHOOL, AKESHAN ROAD, PALANPUR, GUJARAT-385001.

MR. P. YESHWANTH KUMAR, S/O MR. B. PRABHU, AGE 23 YEARS, UNI. REG. NO. 20M6039, R/O BOYS HOSTEL SHRIDEVI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH HOSPITAL, SIRA ROAD, TUMAKURU 572106.

MS. SUDHANSUBALA DALABEHERA D/O NAVACHARI BAIRI GANJAN DALABEHERA, AGED 24 YEARS, UNI. REG. NO. 20M4016, R/O RAMANAGAR REFUGEE COLONY, KENDRAPARA, ODISHA 754224.

MS. A. S. DARSHANA SREE, D/O MR. A. SATISH KUMAR, AGE 24 YEARS, UNI. REG. NO. 19M0851, R/O NO.21/2, 2ND CROSS, G. B. LANE, COTTONPETE, BENGALURU- 560053.

MR. SUDIP GHOSH, S/O DIPAK KUMAR GHOSH, AGE 23 YEARS, UNI. REG. NO.19M2219, R/O H. NO.464, SECTOR-1C, BOKARO STREET CITY, BOKARO, JHARKAND 827001. (BY SRI. ABHISHEK MALIPATIL., ADVOCATE) ...PETITIONERS - 14 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR AND:

1. NATIONAL MEDICAL COMMISSION (NMC) POCKET-14, SECTOR-8, DWARKA PHASE-I, NEW DELHI 110077. REPRESENTED BY ITS SECRETARY.

2. UNDER-GRADUATE MEDICAL EDUCATION BOARD, AN AUTONOMOUS BOARD UNDER THE NATIONAL MEDICAL COMMISSION (NMC), POCKET-14, SECTOR-8, DWARKA PHASE-I, NEW DELHI 110077. REPRESENTED BY ITS CHAIRMAN.

3. UNION OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, NEW DELHI - 110011. BY ITS SECRETARY,

4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH 'T' BLOCK, JAYANAGAR, BENGALURU 560041. REPRESENTED BY THE REGISTRAR.

5. STATE OF KARNATAKA, DEPARTMENT OF MEDICAL EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560001. REPRESENTED BY ITS PRINCIPAL SECRETARY.

6. M. V. J. MEDICAL COLLEGE AND RESEARCH HOSPITAL, NH75, 30TH MILE, DANDUPALYA VILLAGE, HOSKOTE, BANGALORE RURAL DISTRICT - 562114. BY ITS DEAN/PRINCIPAL.

7. EAST POINT COLLEGE OF MEDICAL SCIENCES AND RESEARCH CENTRE, JNANA PRABHA, EAST POINT CAMPUS, VIRGO NAGAR POST, - 15 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR AVALAHALLI, BENGALURU-560049. BY ITS DEAN/PRINCIPAL.

8. SHRIDEVI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH HOSPITAL, SIRA ROAD, TUMAKURU 572106. BY ITS DEAN/PRINCIPAL.

9. KANACHUR INSTITUTE OF MEDICAL SCIENCES, MANGALORE-THOKKOTTU-KANAJE UNIVERSITY ROAD, KOTKAR VILLAGE, NATEKAL, MANGALORE 575018. BY ITS DEAN/PRINCIPAL.

10. BASAVESHWARA MEDICAL COLLEGE AND HOSPITAL, SJM CAMPUS, NH-4 BYPASS, CHITRADURGA 577502. BY ITS DEAN/PRINCIPAL.

11. AKASH INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, PRASANNAHALLI ROAD, DEVANAHALLI NEAR KEMPEGOWDA INTERNATIONAL AIRPORT, BENGALURU - 562110. BY ITS DEAN/PRINCIPAL.

12. VYDEHI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, NO.82, NELLURHALLI, WHITEFIELD, BENGALURU-560066. BY ITS DEAN/PRINCIPAL

13. KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES SIDDANNA LAYOUT, BANASHANKARI 2ND STAGE, BENGALURU-560070. REPRESENTED BY ITS DEAN/PRINCIPAL. - 16 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR

14. SUBBAIAH INSTITUTE OF MEDICAL SCIENCES, NH13, HONNUR ROAD, HOLEY, PURLE, SHIMOGA - 577222 REPRESENTED BY ITS DEAN/PRINCIPAL.

15. KARNATAKA INSTITUTE OF MEDICAL SCIENCES, VIDYANAGAR, P. B. ROAD, HUBBALLI 580022. REPRESENTED BY ITS DEAN/PRINCIPAL.

16. NAVODAYA MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE, POST BOX NO. -26, MANTRALAYAM ROAD, NAVODAYA NAGAR, RAICHUR 584 103. REPRESENTED BY ITS DEAN/PRINCIPAL. ...RESPONDENTS (BY SRI. H.R. SHOWRI, ADVOCATE FOR R1 & R2 (VK NOT FILED) SRI. MUKUND PRASAD, ADVOCATE FOR R3 SRI. MAMATHA KULAKARNI, ADVOCATE FOR R4 SRI. MANJUNATH K., ADVOCATE FOR R5 NOTICE NOT ORDERED IN R/O R6 TO R14 & R16 SRI. PRAJWALA SATHYAPRAKASH, ADVOCATE FOR R15) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT DECLARING THAT REGULATION 7(10) OF THE GRADUATE MEDICAL EDUCATION REGULATIONS, 2019 VIDE ANNEXURE-B AND THE PROVISO TO REGULATION 21 OF THE GRADUATE MEDICAL EDUCATION REGULATIONS. 2023 VIDE ANNEXURE B1- BOTH NO. MCI-34 (41)/2019- MED/161726 IMPOSING A FOUR ATTEMPT-LIMIT/ FOUR YEAR LIMIT AND MANDATING AUTOMATIC CESSATION OF MBBS STUDIES-ARE ARBITRARY, UNCONSTITUTIONAL, VIOLATIVE OF ARTICLES 14, 15, 19(1)(Q), 21, 21A, 41 AND 46 OF THE CONSTITUTION OF INDIA, AND THEREFORE VOID AND UNENFORCEABLE AND ETC; - 17 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR IN WP NO. 38093/2025 BETWEEN: AYAN AHMED S/O ATEEQUE AHMED AGED ABOUT 21 YEARS, RESIDING AT NO 19, 8TH B MAIN, BTM LAYOUT, 1ST STAGE, BANGALORE 560029. REG NO-22M5677 ...PETITIONER (BY SRI. PRADEEP PATIL., ADVOCATE) AND:

1. NATIONAL MEDICAL COMMISSIONE (NMC) POCKET-14, SECTOR-8, DWARKA PHASE-I, NEW DELHI 110077. REPRESENTED BY ITS SECRETARY.

2. UNDER-GRADUATE MEDICAL EDUCATION BOARD, AN AUTONOMOUS BOARD UNDER THE NATIONAL MEDICAL COMMISSION (NMC), POCKET-14, SECTOR-8, DWARKA PHASE-I, NEW DELHI 110077. REPRESENTED BY ITS CHAIRMAN.

3. UNION OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, NEW DELHI - 110011. BY ITS SECRETARY,

4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH 'T' BLOCK, JAYANAGAR, BENGALURU 560041. REPRESENTED BY THE REGISTRAR. - 18 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR

5. STATE OF KARNATAKA, DEPARTMENT OF MEDICAL EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560001. REPRESENTED BY ITS PRINCIPAL SECRETARY.

6. OXFORD MEDICAL COLLEGE, HOSPITAL, AND REASEARCH CENTRE YADAVANAHALLI, ATTIBELLE HOBLI, ANEKAL TALUKA BANGALORE RURAL - 562107. BY ITS DEAN/PRINCIPAL ...RESPONDENTS [BY SRI. H.R. SHOWRI, ADVOCATE FOR R1 & R2 (VK NOT FILED) SMT. MAMATHA KULAKARNI, ADVOCATE FOR R4 (VK NOT FILED) SRI. MANJUNATH K., HCGP FOR R5 (MA NOT FILED) SRI. MUKUND PRASAD, CGC FOR R3 R6 D/W] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF DECLARATION OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING THAT REGULATION 7(7) OF THE GRADUATE MEDICAL EDUCATION REGULATIONS, 2019 VIDE ANNEXURE B AND THE PROVISO TO REGULATION 21 OF THE GRADUATE MEDICAL VIDE ANNEXURE B1- BOTH IMPOSING A FOUR ATTEMPT-LIMIT/ LIMIT AND MANDATING AUTOMATIC FOUR YEAR CESSATION OF MBBS STUDIES ARE ARBITRARY. UNCONSTITUTIONAL, VIOLATIVE OF ARTICLES 14, 15, 19(1)(G), 21, 214, 41 AND 46 OF THE CONSTITUTION OF INDIA, AND THEREFORE VOID AND UNENFORCEABLE AND ETC; REGULATIONS, EDUCATION 2023 - 19 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR IN WP NO. 38249/2025 BETWEEN: MR. VINAYAK B BURADIKATTI S/O. BASANAGOUDA AGED 23 YEARS, R/O. NO. S-3, KANNAIAH RESIDENCY, 2ND CROSS, 1ST STAGE, KH COLONY, BASAVESHWARA NAGAR, BENGALURU 560079 ...PETITIONER (BY SRI. PRAVEENA KUMARA NIRVANI., ADVOCATE) AND:

1. NATIONAL MEDICAL COMMISSION (NMC) POCKET -14, SECTOR-8, DWARAKA PHASE-I, NEW DELHI 110077. REP. BY ITS SECRETARY.

2. UNDER-GRADUATE MEDICAL EDUCATION BOARD, AN AUTONOMOUS BOARD UNDER THE NATIONAL MEDICAL COMMISSION (NMC) POCKET -14, SECTOR-8, DWARAKA PHASE-I, NEW DELHI 110077. REP. BY ITS CHAIRMAN.

3. UNION OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, NEW DELHI 110011. REP BY ITS SECRETARY.

4. RAJIV GANDHI UNIVERSITY, 4TH 'T' BLOCK, JAYANAGAR, BENGALURU 560041. - 20 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR

5. STATE OF KARNATAKA, DEPARTMENT OF MEDICAL EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560001.

6. KARNATAKA INSTITUTE OF MEDICAL SCIENCES, VIDYANAGAR, P.B.ROAD, HUBBALLI 580022. REP BY ITS DEAN/PRINCIPAL. ...RESPONDENTS [BY SRI. H.R. SHOWRI, ADVOCATE FOR R1 & R2 (VK NOT FILED) SRI. MUKUND PRASAD, ADVOCATE FOR R3 (VK NOT FILED) SMT. MAMATHA KULAKARNI, ADVOCATE FOR R4 (VK NOT FILED SRI. MANJUNATH K., HCGP, FOR R5 (VK NOT FILED) SRI. PRAJWAL SATHYAPRAKASH, ADVOCATE FOR R6] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF DECLARATION OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING THAT REGULATION 7(7) OF THE GRADUATE MEDICAL EDUCATION REGULATIONS, 2019 VIDE ANNEXURE -B AND THE PROVISO TO REGULATION 21 OF THE GRADUATE VIDE MEDICAL ANNEXURE B1- BOTH IMPOSING A FOUR ATTEMPT-LIMIT/ LIMIT AND MANDATING AUTOMATIC FOUR YEAR ARBITRARY, STUDIES-ARE CESSATION OF MBBS UNCONSTITUTIONAL, VIOLATIVE OF ARTICLES 14, 15, 19(1)(G), 21, 21A, 41 AND 46 OF THE CONSTITUTION OF INDIA, AND THEREFORE VOID AND UNENFORCEABLE. REGULATIONS, EDUCATION 2023 - 21 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR IN WP NO. 38797/2025 BETWEEN:

1. MR.MANTHAN L POOJAR S/O H LEPAKSHAPPA AGED ABOUT 22 YEARS UNI REG NO 21M7849 R/O 3RD MAIN, 3RD CROSS VIDYANAGAR SHIVAMOGGA 577204

2. MR. PRAKASH M. SHIVANNAVAR S/O MR. MARUTHI, AGED 23 YEARS, UNI. REG. NO. 21M7878, R/O APOORVA LAYOUT, 5TH CROSS, PURLE VILLAGE, SHIVAMOGGA 577204. (BY SRI. ABHISHEK MALIPATIL., ADVOCATE) ...PETITIONERS AND:

1. NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8, DWARKA PHASE-I, NEW DELHI 110077. REPRESENTED BY ITS SECRETARY.

2. UNDER-GRADUATE MEDICAL EDUCATION BOARD AN AUTONOMOUS BOARD UNDER THE NATIONAL MEDICAL COMMISSION (NMC), POCKET-14, SECTOR-8, DWARKA PHASE-I, NEW DELHI 110077. REPRESENTED BY ITS CHAIRMAN.

3. UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, - 22 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR NEW DELHI 110011. BY ITS SECRETARY,

4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR, BENGALURU 560041. REPRESENTED BY THE REGISTRAR.

5. STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560001. REPRESENTED BY ITS PRINCIPAL SECRETARY.

6. SUBBAIAH INSTITUTE OF MEDICAL SCIENCES NH13, HONNUR ROAD HOLEY, PURLE SHIVAMOGGA – 577 222 REPRESENTED BY ITS DEAN/PRINCIPAL ...RESPONDENTS [BY SRI. H.R. SHOWRI, ADVOCATE FOR R1 & R2 (VK NOT FILED) SRI. MUKUND PRASAD, DSGI FOR R3 (VK NOT FILED) SMT. MAMATHA KULAKARNI, ADVOCATE FOR R4 (VK NOT FILED) STI. MANJUNATH K., HCGP FOR R5 (MA NOT FILED) R6 SERVED] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF DECLARATION OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING THAT REGULATION 7(7) OF THE GRADUATE MEDICAL EDUCATION REGULATIONS, 2019 VIDE ANNEXURE B AND THE PROVISO TO REGULATION 21 OF THE GRADUATE MEDICAL VIDE ANNEXURE B1- BOTH IMPOSING A FOUR ATTEMPT-LIMIT/ LIMIT AND MANDATING AUTOMATIC FOUR YEAR REGULATIONS, EDUCATION 2023 - 23 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR CESSATION OF MBBS ARBITRARY, UNCONSTITUTIONAL, VIOLATIVE OF ARTICLES 14, 15, 19(1)(G), 21, 21A, 41 AND 46 OF THE CONSTITUTION OF INDIA, AND THEREFORE VOLD AND UNENFORCEABLE AND ETC; STUDIES-ARE THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners have filed these writ petitions seeking the following reliefs: In WP No.37637/2025: “a.

Issue a writ of Declaration or any other appropriate writ, order or direction declaring that Regulation 7(7) of the Graduate Medical Education Regulations, 2019 vide Annexure B and the Proviso to Regulation 21 of the Graduate Medical Education Regulations, 2023 vide Annexure B1- both imposing a four attempt-limit/ four year limit and mandating automatic cessation of MBBS studies are arbitrary, unconstitutional, violative of Articles 14, 15, 19(1)(g), 21, 214, 41 and 46 of the Constitution of India, and therefore void and unenforceable; and - 24 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR b. Issue a writ of Certiorari quashing Regulation 7(7) of Graduate Medical Education Regulations, 2019 Vide Annexure B and the Proviso to Regulation 21 of Graduate Medical Education Regulations, 2023, vide Annexure B1, both issued by the Respondent No.1, insofar as they prescribe a four-attempt/four- year limit for passing the First Professional MBBS Examination and mandate cessation of studies upon failure; and c.

Issue a writ of Mandamus directing the Respondent- NMC, Respondent-RGUHS, and all affiliated colleges to permit the Petitioners to continue in the MBBS programme irrespective of the number of attempts exhausted, subject passing examinations conducted by the University; and d. Direct the NMC to produce all files, committee notes, internal correspondence, consultations, expert reports and materials pertaining to the deletion of the attempt-limit rule in 2003 due to student suicides; its re-introduction in 2019 through GMER-2019; and its continuation in the Proviso to Regulation 21 of GMER-2023; and including specific reasons and empirical basis (if any) for reviving a rule earlier withdrawn for causing harm; and e. Direct the NMC to place before this Hon'ble Court a complete record of all UG MBBS student suicides - 25 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR from 2019-2025, with cause-analysis and whether the attempt-limit played any contributory role; and f.

Direct the constitution of an Independent Expert Committee comprising eminent medical educationists, mental health specialists (including NIMHANS representatives), public-health academics, and senior clinicians (such as Dr. C.N. Manjunath and Dr. Devi Shetty), and such other distinguished experts as this Hon'ble Court may deem fit-to examine and report on the academic, regulatory, psychological, and policy implications of four-attempt rule prescribed under Graduate Medical Education Regulations, 2019; to assess the reasons behind the deletion of the earlier attempt-limit in 2003 and whether any change of circumstances justifies its re-introduction in 2019; to consider the absence of remedial academic mechanisms such as bridge courses and support systems; and to place before this Hon'ble Court its recommendations on whether impugned regulation is educationally Justified, proportionate, or requires modification, repeal, or replacement with a student-supportive framework; and g.

Direct Respondent-RGUHS to formulate, notify, and implement a comprehensive structured remedial academic framework for MBBS students who require - 26 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR additional academic support, including mandatory bridge courses, foundational modules, remedial teaching programmes, mentoring systems, and academic-support committees, peer-mentoring. systems, counselling-assisted learning pathways, and periodic academic Support reviews, so as to ensure that no student is eliminated from the Course solely for want of institutional academic support reviews, so as to ensure that no student is eliminated from the course solely for want of institutional academic support; and h. Direct the Respondent University- RGUHS to: i. ii. Not blindly apply NMC regulations without exercising their independent statutory role as academic authorities; implement bridge courses, devise and remedial special teaching programmes, tutorials, extended learning modules, and support systems for students who require academic assistance; iii. frame and notify a transparent student- support policy for academically struggling MBBS students; iv. establish Mentoring Academic Review Boards in all affiliated colleges; Committees v. full and timely dissemination of ensure regulations including communication of any rule that has the effect of terminating their studies. students, - 27 - NC: 2026:KHC:12345 WP No.

37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR i. Direct all medical universities and colleges, including RGUHS, to establish functioning academic- support and mental-health systems, Including Bridge Courses, Structured Remedial Teaching, Peer mentoring, Counselling and psychological support units, Academic Support Committees, Robust, non- retaliatory grievance redressal mechanisms and j. Direct the NMC and RGUHS to frame special academic-support frameworks for SC/ST/OBC, EWS, linguistic-minority and rural-background MBBS students, including foundational modules, language-support programmes and differential pacing mechanisms; and k. Direct that MBBS batches admitted in 2019-20, 2020-21, 2021-22 and 2022-23-whose foundational learning was disrupted by the COVID-19 pandemic- be exempted from the attempt-limit, and be permitted to continue the MBBS course until completion; and l. Direct the NMC to consider and decide the Petitioners representations dated 14/10/2025 to

25.11.2025 vide Annexure-H within a fixed period, after granting them a reasonable opportunity of hearing: and - 28 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR m. In the alternative, Direct the Respondent No.3 – Ministry of Health and Family Welfare, Government of India to exercise its supervisory powers under Sections 56, 57, 58 and 59 of the National Medical Commission Act, 2019, to review the legality, reasonableness, and academic justification of the four-attempt restriction prescribed under Regulation 7(7) of the GMER, 2019/2023, and to take appropriate action, including issuance of binding directions to the National Medical Commission to amend, suspend, or remove the said restriction, in order to safeguard the constitutional and statutory rights of the Petitioners; and n. Pass such other order(s) as this Hon'ble Court may deem fit in the interest of justice, equity, and the welfare of medical students.” In WP No.37159/2025: “a.

Issue a writ in the nature of mandamus directing the respondents to allow the petitioner one additional attempt to appear and pass examination and to continue his studies in MBBS coarse to which he is enrolled, if he is successful in clearing the examination by considering representations dated 01.06.2025 (vide ANNEXURE- p and Q1 respectively). - 29 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR b. Pass any other order or orders that this Hon'ble Court deems fit in the interest of justice and equity.” In WP No.37164/2025: “a. Issue a writ of Declaration or any other appropriate writ, order or direction declaring that Regulation 7(7) of the Graduate Medical Education Regulations, 2019 vide Annexure B and the Proviso to Regulation 21 of the Graduate Medical Education Regulations, 2023 vide Annexure B1- both No MCI-3h (41)/2019-med/161726 imposing a four attempt- limit/ four year limit and mandating automatic cessation of MBBS studies-are arbitrary, unconstitutional, violative of Articles 14, 15, 19(1)(g), 21, 21A, 41 and 46 of the Constitution of India, and therefore void and unenforceable; and b.

Issue a writ of Certiorari quashing Regulation 7(7) of Graduate Medical Education Regulations, 2019 Vide Annexure B and the Proviso to Regulation 21 of Graduate Medical Education Regulations, 2023, vide Annexure B1, both issued by the Respondent No.1, insofar as they prescribe a four-attempt/four- year limit for passing the First Professional MBBS Examination and mandate cessation of studies upon failure; and - 30 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR c. Issue a writ of Mandamus directing the Respondent- NMC, Respondent-RGUHS, and all affiliated colleges to permit the Petitioners to continue in the MBBS programme irrespective of the number of attempts exhausted, subject passing examinations conducted by the University; and d. Direct the NMC to produce all files, committee notes, internal correspondence, consultations, expert reports and materials pertaining to the deletion of the attempt-limit rule in 2003 due to student suicides; its re-introduction in 2019 through GMER-2019; and its continuation in the Proviso to Regulation 21 of GMER-2023; and including specific reasons and empirical basis (if any) for reviving a rule earlier withdrawn for causing harm; and e.

Direct the NMC to place before this Hon'ble Court a complete record of all UG MBBS student suicides from 2019-2025, with cause-analysis and whether the attempt-limit played any contributory role; and f. Direct the constitution of an Independent Expert Committee comprising eminent medical educationists, mental-health specialists (Including NIMHANS representatives), public-health academics, and senior clinicians (such as Dr. C.N. Manjunath and Dr. Devi Shetty), and such other distinguished experts as this Hon'ble Court may - 31 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR deem fit to examine and report on the academic, regulatory, psychological, and policy implications of four-attempt rule prescribed under Graduate Medical Education Regulations, 2019; to assess the reasons behind the deletion of the earlier attempt-limit in 2003 and whether any change of circumstances justifies its re-introduction in 2019; to consider the absence of remedial academic mechanisms such as bridge courses and support systems; and to place before this Hon'ble Court its recommendations on whether impugned regulation is educationally justified, proportionate, or requires modification, repeal, or replacement with a student-supportive framework; and g.

Direct Respondent-RGUHS to formulate, notify, and implement a comprehensive structured remedial academic framework for MBBS students who require additional academic support, including mandatory bridge courses, foundational modules, remedial teaching programmes, mentoring systems, and academic-support committees, peer-mentoring systems, counselling-assisted learning pathways, and periodic academic-support reviews, so as to ensure that no student is eliminated from the course solely for want of institutional academic support; and - 32 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR h. Direct the Respondent University- RGUHS to: i. ii. iii. iv. v. Not blindly apply NMC regulations without exercising their Independent statutory role as academic authorities; implement bridge courses, devise and remedial special teaching programmes, tutorials, extended learning modules, and support systems for students who require academic assistance; frame and notify a transparent student- support policy for academically struggling MBBS students; Mentoring establish Academic Review Boards in all affiliated colleges; Committees full and timely dissemination of ensure regulations including communication of any rule that has the effect of terminating their studies. students, i.

Direct all medical universities and colleges, including RGUHS, to establish functioning academic- support and mental-health systems, including Bridge Courses, Structured Remedial Teaching, Peer mentoring, Counselling and psychological support units, Academic Support Committees, Robust, non- retaliatory grievance redressal mechanisms and j. Direct the NMC and RGUHS to frame special academic-support frameworks for SC/ST/OBC, EWS, linguistic-minority and rural-background - 33 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR MBBS students, including foundational modules, language-support programmes and differential pacing mechanisms; and k. Direct that MBBS batches admitted in 2019-20, 2020-21, 2021-22 and 2022-23-whose foundational learning was disrupted by the COVID-19 pandemic- be exempted from the attempt-limit, and be permitted to continue the MBBS course until completion; and l.

Direct the NMC to consider and decide the Petitioners' representations dated 17/10/2025 vide Annexure-H within a fixed period, after granting them a reasonable opportunity of hearing; and m. In the alternative, Direct the Respondent No.3 Ministry of Health and Family Welfare, Government of India to exercise its supervisory powers under Sections 56, 57, 58 and 59 of the National Medical Commission Act, 2019, to review the legality, reasonableness, and academic justification of the four-attempt restriction prescribed under Regulation 70) of the GMER, 2019/2023, and to take appropriate action, including issuance of binding directions to the National Medical Commission to amend, suspend, or remove the said restriction, in order to safeguard the constitutional and statutory rights of the Petitioners; and - 34 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR n.

Pass such other order(s) as this Hon'ble Court may deem fit in the interest of justice, equity, and the welfare of medical students.” In WP No.38093/2025: “a. Issue a writ of Declaration or any other appropriate writ, order or direction declaring that Regulation 7(7) of the Graduate Medical Education Regulations, 2019 vide Annexure B and the Proviso to Regulation 21 of the Graduate Medical Education Regulations, 2023 vide Annexure B1- both imposing a four attempt-limit/ four year limit and mandating automatic cessation of MBBS studies-are arbitrary, unconstitutional, violative of Articles 14, 15, 19(1)(g), 21, 21A, 41 and 46 of the Constitution of India, and therefore void and unenforceable; and b. Issue a writ of Certiorari quashing Regulation 7(7) of Graduate Medical Education Regulations, 2019 Vide Annexure B and the Proviso to Regulation 21 of Graduate Medical Education Regulations, 2023, vide Annexure B1, both issued by the Respondent No.1, insofar as they prescribe a four-attempt/four- year limit for passing the First Professional MBBS Examination and mandate cessation of studies upon failure; and c.

Issue a writ of Mandamus directing the Respondent- NMC, Respondent-RGUHS, and all affiliated colleges - 35 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR to permit the Petitioner to continue in the MBBS programme irrespective of the number of attempts exhausted, subject passing examinations conducted by the University; and d. Direct the NMC to produce all files, committee notes, internal correspondence, consultations, expert reports and materials pertaining to the deletion of the attempt-limit rule in 2003 due to student suicides; its re-introduction in 2019 through GMER-2019; and its continuation in the Proviso to Regulation 21 of GMER-2023; and including specific reasons and empirical basis (if any) for reviving a rule earlier withdrawn for causing harm; and e. Direct the NMC to place before this Hon'ble Court a complete record of all UG MBBS student suicides from 2019-2025, with cause-analysis and whether the attempt-limit played any contributory role; and f.

Direct the constitution of an Independent Expert Committee comprising eminent medical educationists, mental-health specialists. (including NIMHANS representatives), public-health academics, and senior clinicians (such as Dr. C.N. Manjunath and Dr. Devi Shetty), and such other distinguished experts as this Hon'ble Court may deem fit - to examine and report on the academic, regulatory, psychological, and policy implications of - 36 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR four-attempt rule prescribed under Graduate Medical Education Regulations, 2019; to assess the reasons behind the deletion of the earlier attempt-limit in 2003 and whether any change of circumstances justifies its re-introduction in 2019; to consider the absence of remedial academic mechanisms such as bridge courses and support systems; and to place before this Hon'ble Court its recommendations on whether impugned regulation is educationally justified, proportionate, or requires modification, repeal, or replacement with a student-supportive framework; and g.

Direct Respondent-RGUHS to formulate, notify, and implement a comprehensive structured remedial academic framework for MBBS students who require additional academic support, including mandatory bridge courses, foundational modules, remedial teaching programmes, mentoring systems, and academic-support committees, peer-mentoring systems, counselling-assisted learning pathways, and periodic academic-support reviews, so as to ensure that no student is eliminated from the course solely for want of institutional academic support; and h. Direct the Respondent University- RGUHS to: - 37 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR i. ii. Not blindly apply NMC regulations without exercising their independent statutory role as academic authorities; implement bridge courses, devise and remedial special teaching programmes, tutorials, extended learning modules, and support systems for students who require academic assistance; iii. frame and notify a transparent student- support policy for academically struggling MBBS students; iv. establish Mentoring Academic Review Boards in all affiliated colleges; Committees v. full and timely dissemination of ensure regulations including communication of any rule that has the effect of terminating their studies. students, i.

Direct all medical universities and colleges, including RGUHS, W establish functioning academic- support and mental-health systems, including Bridge Courses, Structured Remedial Teaching, Peer mentoring, Counselling and psychological support units, Academic Support Committees, Robust, non- retaliatory grievance redressal mechanisms and j. Direct the NMC and RGUHS to frame special academic-support frameworks for SC/ST/OBC, EWS, linguistic-minority and rural-background MBBS students, including foundational modules, - 38 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR language-support programmes and differential pacing mechanisms; and k. Direct that MBBS batches admitted in 2019-20, 2020-21, 2021-22 and 2022-23-whose foundational learning was disrupted by the COVID-19 pandemic- be exempted from the attempt-limit, and be permitted to continue the MBBS course until completion; and l. Direct the NMC to consider and decide the Petitioners' representations dated 14/10/2025 to

25.11.2025 vide Annexure-H within a fixed period, after granting them a reasonable opportunity of hearing; and m. In the alternative, Direct the Respondent No.3 Ministry of to exercise its Health and Family Welfare, Government of India supervisory powers under Sections 56, 57, 58 and 59 of the National Medical Commission Act, 2019, to review the legality, reasonableness, and academic justification of the four-attempt restriction prescribed under Regulation 7(7) of the GMER, 2019/2023, and to take appropriate action, including issuance of binding directions the National Medical Commission to amend, suspend, or remove the said restriction, in order to safeguard the constitutional and statutory rights of the Petitioners; and - 39 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR n. Pass such other order(s) as this Hon'ble Court may deem fit in the Interest of justice, equity, and the welfare of medical students.” In WP No.38249/2025: “a.

Issue a writ of Declaration or any other appropriate writ, order or direction declaring that Regulation 7(7) of the Graduate Medical Education Regulations, 2019 vide Annexure B and the Proviso to Regulation 21 of the Graduate Medical Education Regulations, 2023 vide Annexure B1- both imposing a four attempt-limit/ four year limit and mandating automatic cessation of MBBS studies-are arbitrary, unconstitutional, violative of Articles 14, 15, 19(1)(g) 21, 21A, 41 and 46 of the Constitution of India, and therefore void and unenforceable; and b. Issue a writ of Certiorari quashing Regulation 7(7) of Graduate Medical Education Regulations, 2019 Vide Annexure B and the Proviso to Regulation 21 of Graduate Medical Education Regulations, 2023, vide Annexure B1, both issued by the Respondent No.1, insofar as they prescribe a four- attempt/four- year limit for passing the First Professional MBBS Examination and mandate cessation of studies upon failure; and - 40 - NC: 2026:KHC:12345 WP No.

37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR c. Issue a writ in the nature of Mandamus directing the Respondent-NMC, Respondent-RGUHS, and all affiliated colleges to permit the Petitioners to continue in the MBBS programme irrespective of the number of attempts exhausted, subject only to passing the examinations conducted by University; and d. Direct the NMC to produce all files, committee notes, internal correspondence, consultations, expert reports and materials pertaining to the deletion of the attempt-limit rule in 2003 due to student suicides; its re-introduction in 2019 through GMER-2019; and its continuation in the Proviso to Regulation 21 of GMER-2023; and including specific reasons and empirical basis (if any) for reviving a rule earlier withdrawn for causing harm; and e. Direct the NMC to place before this Hon'ble Court a complete record of all UG MBBS student suicides from 2019-2025, with cause-analysis and whether the attempt-limit played any contributory role; and e. f.

Direct the constitution of an Independent Expert Committee comprising eminent medical educationists, mental-health specialists (including NIMHANS representatives), public-health academics, and senior clinicians (such as Dr. C.N. - 41 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR Manjunath and Dr. Devi Shetty), and such other distinguished experts as this Hon'ble Court may deem fit to examine and report on the academic, regulatory, psychological, and policy implications of four-attempt rule prescribed under Graduate Medical Education Regulations, 2019; to assess the reasons behind the deletion of the earlier attempt-limit in 2003 and whether any change of circumstances justifies its re-Introduction in 2019; to consider the absence of remedial academic mechanisms such as bridge courses and support systems; and to place before this Hon'ble Court its recommendations on whether impugned regulation is educationally justified, proportionate, or requires modification, repeal, or replacement with a student-supportive framework; and g.

Direct Respondent-RGUHS to formulate, notify, and implement a comprehensive structured remedial academic framework for MBBS students who require additional academic support, including mandatory bridge courses, foundational modules, remedial teaching programmes, mentoring systems, and academic-support committees, peer-mentoring systems, counselling-assisted learning pathways, and periodic academic-support reviews, so as to ensure that no student is eliminated from the - 42 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR course solely for want of institutional academic support; and h. Direct the Respondent University- RGUHS to: i. ii. iii. iv. v. Not blindly apply NMC regulations without exercising their independent statutory role as academic authorities; implement bridge courses, devise and remedial special teaching programmes, tutorials, extended learning modules, and support systems for students who require academic assistance; frame and notify a transparent student- support policy for academically struggling MBBS students; in all affiliated colleges; establish Mentoring Committees and Academic Review Boards full and timely dissemination of ensure regulations including communication of any rule that has the effect of terminating their studies. students, i.

Direct all medical universities and colleges, including RGUHS, to establish functioning academic- support and mental-health systems, including Bridge Courses, Structured Remedial Teaching, Peer mentoring, Counselling and psychological support units, Academic Support Committees, Robust, non- retaliatory grievance redressal mechanisms and - 43 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR j. Direct the NMC and RGUHS to frame special academic-support frameworks for SC/ST/OBC, EWS, linguistic-minority and rural-background MBBS students, including foundational modules, language-support programmes and differential pacing mechanisms; and k. Direct that MBBS batch admitted in 2022-23-whose foundational learning was disrupted by the COVID- 19 pandemic be exempted from the attempt-limit, and be permitted to continue the MBBS course until completion; and l.

Direct the NMC to consider and decide the Petitioners representations dated 17/10/2025 vide Annexure-H within a fixed period, after granting them a reasonable opportunity of hearing; and m. In the alternative, Direct the Respondent No.3 Ministry of Health and Family Welfare, Government of India to exercise its supervisory powers under Sections 56, 57, 58 and 59 of the National Medical Commission Act, 2019, to review the legality, reasonableness, and academic justification of the four-attempt restriction prescribed under Regulation 7(7) of the GMER, 2019/2023, and to take appropriate action, including issuance of binding directions to the National Medical Commission to amend, suspend, or remove the said restriction, in - 44 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR order to safeguard the constitutional and statutory rights of the Petitioners; and п. Pass such other order(s) as this Hon'ble Court may deem fit in the Interest of justice, equity, and the welfare of medical students.” In WP No.38797/2025: “a.

Issue a writ of Declaration or any other appropriate writ, order or direction declaring that Regulation 7(7) of the Graduate Medical Education Regulations, 2019 vide Annexure B and the Proviso to Regulation 21 of the Graduate Medical Education Regulations, 2023 vide Annexure B1- both imposing a four attempt-limit/ four year limit and mandating automatic cessation of MBBS studies-are arbitrary, unconstitutional, violative of Articles 14, 15, 19(1)(g) 21, 21A, 41 and 46 of the Constitution of India, and therefore void and unenforceable; and b. Issue a writ of Certiorari quashing Regulation 7(7) of Graduate Medical Education Regulations, 2019 Vide Annexure B and the Proviso to Regulation 21 of Graduate Medical Education Regulations, 2023, vide Annexure B1, both issued by the Respondent No.1, insofar as they prescribe a four-attempt/four- year limit for passing the First Professional MBBS - 45 - NC: 2026:KHC:12345 WP No.

37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR Examination and mandate cessation of studies upon failure; and c. Issue a writ of Mandamus directing the Respondent- NMC, Respondent-RGUHS, and all affiliated colleges to permit the Petitioners to continue in the MBBS programme irrespective of the number of attempts exhausted, subject passing examinations conducted by the University; and d. Direct the NMC to produce all files, committee notes, Internal correspondence, consultations, expert reports and materials pertaining to the deletion of the attempt-limit rule in 2003 due to student suicides; its re-introduction in 2019 through GMER-2019; and its continuation in the Proviso to Regulation 21 of GMER-2023; and including specific reasons and empirical basis (if any) for reviving a rule earlier withdrawn for causing harm; and e. Direct the NMC to place before this Hon'ble Court a complete record of all UG MBBS student suicides from 2019-2025, with cause-analysis and whether the attempt-limit played any contributory role; and f.

Direct the constitution of an Independent Expert Committee comprising eminent medical educationists, mental-health specialists (including NIMHANS representatives), public health - 46 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR academics, and senior clinicians (such as Dr. C.N. Manjunath and Dr. Devi Shetty), and such other distinguished experts as this Hon'ble Court may deem fit to examine and report on the academic, regulatory, psychological, and policy implications of the four attempt rule prescribed under the Graduate Medical Education Regulations, 2019; to assess the reasons behind the deletion of the earlier attempt- in 2003 and whether any change of circumstances justifies its re-introduction in 2019; to consider the absence of remedial academic mechanisms such as bridge courses and support systems; and to place before this Hon'ble Court its recommendations on whether impugned regulation is educationally justified, proportionate, or requires modification, repeal, or replacement with a student-supportive framework; and g.

Direct Respondent-RGUHS to formulate, notify, and implement a comprehensive structured remedial academic framework for MBBS students who require additional academic support, including mandatory bridge. courses, foundational modules, remedial teaching programmes, mentoring systems, and academic-support committees, peer-mentoring systems, counselling-assisted learning pathways, and periodic academic-support reviews, so as to ensure that no student is eliminated from the - 47 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR course solely for want of institutional academic support; and h. Direct the Respondent University- RGUNS to: i. ii. Not blindly apply NMC regulations without exercising their independent statutory role as academic authorities; implement bridge courses, devise and remedial special teaching programmes, tutorials, extended learning modules, and support systems for students who require academic assistance; iii. frame and notify a transparent student- support policy for academically struggling MBBS students; iv. establish Mentoring Academic Review Boards in all affiliated colleges; Committees v. full and timely dissemination of ensure regulations including communication of any rule that has the effect of terminating their studies. students, i.

Direct all medical universities and colleges, including RGUMS, establish functioning academic-support and mental-health systems, including Bridge Courses, Structured Remedial Teaching, Peer mentoring, Counselling psychological support units, Academic Support Committees, Robust, non-retaliatory grievance redressal mechanisms and - 48 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR j. Direct the NMC and RGUHS to frame special academic-support frameworks for SC/ST/OBC, EWS, linguistic-minority and rural-background MBBS students, including foundational modules, language-support programmes and differential pacing mechanisms; and k. Direct that petitioner MBBS students admitted in 2021-22 whose foundational learning was disrupted by the COVID-19 pandemic-be exempted from the attempt-limit, and be permitted to continue the MBBS course until completion; and l.

Direct the NMC to consider and decide the Petitioners' representations dated 17/10/2025 vide Annexure-H within a fixed period, after granting them a reasonable opportunity of hearing; and m. In the alternative, Direct the Respondent No.3 Ministry of Health and Family Welfare, Government of India to exercise its supervisory powers under Sections 56, 57, 58 and 59 of the National Medical Commission Act, 2019, to review the legality, reasonableness, and academic justification of the four-attempt restriction prescribed under Regulation 7(7) of the GMER, 2019/2023, and to take appropriate action, including issuance of binding directions to the National Medical Commission to amend, suspend, or remove the said restriction, in - 49 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR order to safeguard the constitutional and statutory rights of the Petitioners; and n. Pass such other order(s) as this Hon'ble Court may deem fit in the interest of justice, equity, and the welfare of medical students.”

2. Brief facts leading rise to the filing of these petitions are as follows:

2.1. The petitioners are NEET qualified MBBS students belonging to the diverse social, economic and rural backgrounds. Most of them secured admission through highly competitive and merit based NEET UG examination, thereby demonstrating academic competency at a nationally standardized level. The Medical Council of India deleted the earlier regulation in 2003, after it is acknowledged that the attempt limit had directly caused students' suicides and that such a restriction had no academic justification, however, without any study, consultation, expert's report or change in circumstances, the same rule was reintroduced in 2019. The impugned - 50 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR regulation is arbitrarily ultra vires the Parent Act and violative of Article 14 and 21, unsupported by academic data, contrary to the international medical education standards and disproportionately impact Schedule Castes/Schedule Tribe, and OBC students and those from the rural and disadvantaged backgrounds. The petitioners have sought for a declaration that Regulation No.7.7 of the Graduate Medica Education (GME) Reguation, 1997 (Amended in 2019), is unconstitutional. Hence, prays to allow the writ petition.

3. The other students have filed similar writ petitions on the same grounds, challenging constitutional validity of the aforesaid Regulation No.7.7.

4. Respondent-University in WP No.37159/2025 filed a statement of objections contending that, the validity of the said regulation is already upheld by the Hon’ble High Court of Delhi. Accordingly, prays to dismiss the petitions. - 51 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR

5. Heard the arguments of learned counsel for the petitioners and learned counsel for respondent No.1, learned counsel Sri. H.R.Showri and Smt. Mamata Kulkarni for respondent No.4 and learned HCGP Sri. Manjunath.K for respondent No.5.

6. Learned counsel for the petitioners submits that the impugned regulation is in violation of Articles 14 and 21 of the Constitution of India, the said regulation is not supported by any academic data, and contrary to the international medical education standards. He submitted that by way of this impugned regulation, there is a rise in suicides and drop outs among the undergraduate first year medical students, demonstrating the urgent need for the Bills. Hence, on these grounds, he prays to allow the writ petition.

7. Per contra, learned counsel for the respondents submits that, the Hon’ble Division Bench of the Delhi High Court has already upheld the impugned regulation. - 52 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR Hence, the writ petitions filed by the petitioners are hit by principles of res judicata. Hence, on this ground, prays to dismiss the writ petitions.

8. In reply, learned counsel Sri. Pradeep C.Patil, Sri. P.S.Malipatil for learned counsel Sri. Abhishek Malipatil for the petitioners submits that, the writ petitions filed by the petitioners are mercy petitions.

9. Perused records and considered submissions of the learned counsel for the parties.

10. In WP Nos.37637/2025, 37164/2025, 38093/2025, 38249/2025, 38797/2025, the petitioners have challenged the constitutional validity of Regulation 7(7) of the Graduate Medical Examination Regulations, 2019. The impugned regulation was challenged before the Hon’ble Delhi High Court in WP(C) No.13180/2022, disposed of on 17.11.2022, wherein the Hon’ble High Court of Delhi, held in paragraph No.36 as under: - 53 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR

36. It appears that the Petitioners have failed to dislodge the presumption of constitutionality existing in favour of the Impugned Regulation. Furthermore, the Petitioners do not have any vested right to secure a medical degree, hence, the Impugned Regulation can be applied retrospectively. Lastly, it has also been determined that the Petitioners do not have a legitimate expectation to either get a degree or get another attempt. Even if it is determined that such a legitimate expectation exists, which according to this Court does not exist, in the absence of abuse of power, and keeping in line with the policy of the State, this Court finds no reason to interfere with the Impugned Regulation on the basis of this ground.

The Division Bench of the Delhi High Court upheld Regulation 7.7 of the Regulations of 2019 and the said order was confirmed by the Hon’ble Apex Court by not entertaining the SLP No.22716/2022 vide order dated

10.02.2023.

11. Further, the Co-ordinate Bench of this Court in an identical matter i.e., in the case of Raviteja.S Vs. Rajiv Gandhi University of Health Sciences and - 54 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR Others1, disposed of the petition holding that, the validation of the said regulation is already upheld. Admittedly, the petitioners appeared for the first phase MBBS exam. The petitioners have failed in all four attempted examinations and as such, in view of the embargo under the Regulations, 2019, it is contended that, they are denied an extra opportunity. The impugned Regulation reads as follows:

7.7 No more than four attempts shall be allowed for a candidate to pass the first professional examination. The total period for successful completion of first professional course shall not exceed four (4) years. Partial attendance of examination in any subject shall be counted as an attempt.

From the perusal of the impugned regulation, a candidate shall be provided four attempts to pass the professional examination. The petitioners have attempted all four examinations, and could not pass the examination. 1 WP No.17222/2024, disposed of on 15.07.2024 - 55 - NC: 2026:KHC:12345 WP No. 37637 of 2025 C/W WP No. 37159 of 2025 WP No. 37164 of 2025 AND 3 OTHERS HC-KAR The said Regulation does not provide the petitioners, an extra opportunity.

12. Now, it is clear that, the impugned Regulation has already been upheld by the Hon’ble High Court of Delhi. The Division Bench of this Court, in the case of Shiv Kumar Vs. Union of India2, held that, pronouncement on the constitutionality of a provision of a Central Act by a High Court would be applicable throughout India. In the light of the law laid down in the case of Shiv Kumar (supra), and to maintain the judicial discipline, I respectfully concur with the view taken by the Hon’ble High Court of Delhi regarding the impugned regulation.