Authority: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)

Order Date: 31 August 2026

Case Overview

  • Parties: Petitioner – Aarya Avinash Patil; Respondents – Maharashtra University of Health Sciences (MUHS), National Medical Commission (NMC), Vedantaa Institute of Medical Sciences.
  • Nature of Proceeding: Writ Petition (No. 7366 of 2026) seeking an order permitting the petitioner to appear for a fourth theory and practical examination in Anatomy, the only subject pending for promotion to the second‑year MBBS course.
  • Background:
  • Petitioner cleared NEET‑UG‑2023 and was admitted to Vedantaa Institute of Medical Sciences (Respondent No.3) in August 2023.
  • Internal assessment (August 2024) – passed all subjects except Anatomy (short by 2 marks). Consequently, she could not sit for the Anatomy paper in the August 2024 university exam.
  • August 2024 university exam results (September 2024) – declared failed in all subjects; she then took the supplementary exam in October 2024, appearing in Anatomy theory for the first time and failing by four marks.
  • September 2025 attempt – passed Anatomy practical (53/100) but failed theory.
  • December 2025 attempt – passed practical, failed theory by ten marks.
  • By December 2025 the petitioner had made three attempts at the Anatomy theory/practical examinations after admission.
  • The college informed her that, having exhausted four years from admission, no further attempt would be allowed, citing a MUHS letter dated 11 July 2024 based on the 1997 Regulations (amended 2019), which were later superseded.
  • Petitioner wrote to the college on 1 March 2026 requesting a fourth attempt; no response was received, prompting the writ petition.
  • Regulatory Framework:
  • 1997 Regulations (as amended 2019) – Reg. 11.2.6: No graduation after 10 years of joining; Reg. 11.2.7: Maximum four permissible attempts for the First Professional University examination, with “partial attendance at any University examination shall be counted as an availed attempt.”
  • Graduate Medical Education Regulations, 2023 – Reg. 21 (and proviso): “Under no circumstances shall a student be allowed more than four (04) attempts for first year (First Professional MBBS) and no student shall be allowed to continue undergraduate medical course after nine (09) years from the date of admission.” The wording about partial attendance is omitted.
  • The petitioner argued that the omission means her first internal‑assessment‑only attempt (August 2024) should not count, giving her only three counted attempts.
  • Respondents argued that Reg. 21’s plain language caps attempts at four irrespective of subject‑wise counting; the petitioner had already used four attempts.
  • Arguments:
  • Petitioner (advocated by Ms. Pooja V. Thorat) relied on Reg. 21’s proviso and the absence of the “partial attendance” clause to claim entitlement to a fourth attempt.
  • Respondents (advocated by Mr. Prasad B. Kulkarni for MUHS, Mr. Ganesh Gole for NMC, Mr. Amar Bodke for Vedantaa Institute) contended that Reg. 21 unequivocally limits attempts to four and that the petitioner had already exhausted them.
  • Both sides cited the Rajkumarsingh judgment; the court found the precedent distinguishable because that case involved a student unable to obtain an admission card, whereas the petitioner had actually appeared for examinations.
  • Court’s Analysis:
  • The court reproduced Reg. 11.2.6, 11.2.7 (1997) and Reg. 21 (2023) verbatim.
  • Emphasised that Reg. 21’s language is clear: four attempts for the first professional year, irrespective of subjects attempted.
  • Noted that omission of the “partial attendance” phrase does not alter the plain meaning of Reg. 21.
  • Determined that the petitioner had indeed taken four attempts of the first‑year MBBS examinations (August 2024 internal assessment, October 2024 supplementary, September 2025, December 2025).
  • Concluded that no further attempt can be permitted under the 2023 Regulations.

Final Outcome

  • The writ petition is dismissed.
  • No order as to costs.

Topics: Medical Education, Examination Regulations