Five specially-abled MBBS Students who were admitted to various medical colleges in the academic year 2019-20, have challenged the amendment to the Regulations of Graduate Medical Examination 1997 by the National Medical Commission (erstwhile Medical Council of India).
A writ petition was preferred by these students before the Delhi High Court was dismissed.
They have now challenged the same before Supreme Court. The matter is listed Wednesday today before the bench headed by the Chief Justice of India.
The impugned Regulations were notified on 04.11.2019 & have restricted the maximum number of attempts to four to clear the first professional university exams. Consequently, the names of these students had been struck off from their respective Medical colleges/universities.
Advocate Jeetender Gupta representing the petitioner said, "they have challenged the impugned Regulations & consequent actions, on the grounds that subordinate legislation cannot be implemented retrospectively & arbitrarily while differentiating various batches. The Petitioners have also referred to provisions of the Rights to Persons with Disabilities Act 2016, which put the Petitioners on a different footing".
Advocate Jeetender Gupta had earlier also represented Petitioner No.1 Sachin before the Top Court in the year 2018. His admission to the MBBS course was granted only subsequent to the directions of the Supreme Court.
The Delhi HC recently dismissed a batch of pleas, stating that the Petitioners have failed to dislodge the presumption of constitutionality existing in favour of the Impugned Regulation.
Furthermore, the court noted that the Petitioners do not have any vested right to secure a medical degree, hence, the Impugned Regulation can be applied retrospectively. It has also been determined that the Petitioners do not have a legitimate expectation to either get a degree or get another attempt.
Delhi HC ordered, "Even if it is determined that such a legitimate expectation exists, which according to this Court does not exist, in the absence of an abuse of power, & 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 Delhi High Court Ordered, "In light of the above, the Court does not find any occasion to interfere with the Impugned Regulations. Accordingly, the Writ Petitions are dismissed".
Source Link
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure
0 Comments