Anupam Borah v. The State of Assam and 5 Ors

ORDER Date : 14.05.2024

Heard Mr. S.K. Das, learned counsel for the petitioner. Also heard Mr. D.P. Bora, learned Standing counsel, Health Department, for respondent Nos. 1, 2 & 3 and Mr. D.K. Baidya, learned Standing counsel, NMC, for respondent No. 6. The petitioner is presently pursuing the MBBS course in the Jorhat Medical College under Srimanta Sankaradeva University of Health Sciences in 3rd Page No.# 3/4 Professional MBBS (Part-I). He was admitted on 03.07.2014 and presently he has passed the 6th Semester out of total 9 Semesters. The petitioner is aggrieved by the Communication dated 20.02.2024 issued by the Controller of Examination, Srimanta Sankaradeva University of Health Sciences and addressed to the Principal, Jorhat Medical College, Jorhat, wherein it was informed that the petitioner along with two other MBBS students cannot appear in any further MBBS Examination as per NMC Regulations. Learned counsel for the petitioner has brought to the notice of this Court that the Regulations of Graduate Medical Education (Amendment) 2019 (hereinafter, the Regulations of 2019), particularly, Regulation No. 2(i), wherein it is provided that the Regulations of Graduate Medical Education, 1997 from Clause - 2 to 14 contained in Chapters I to V and the Appendices and Schedules appended therein shall be included as Part-I of the Regulation. These provisions shall be the governing Regulations with respect to batches admitted in MBBS courses until academic year 2018-19. He, therefore, submits that Regulation

11.2.6 of the Regulations of 2019 does not apply to the case of the petitioner inasmuch as he was admitted on 03.07.2014, i.e. prior to the academic year 2018-19. He submits that Regulation 11.2.6 provides that the learner shall not be entitled to graduate after 10 years of his/her joining of the first part of the MBBS course. However, the said regulation pertains to students of MBBS who have joined after 2019 and not to those who joined prior to 2019. Mr. D.K. Baidya, learned Standing counsel, NMC, on the basis of written instructions in a similar matter submits that under the Graduate Medical Education Regulations 1997 (as amended), the learner who has joined the MBBS course prior to year 2019-20 Academic Session, there is no bar in Page No.# 4/4 completing the MBBS course. However, for students who had enrolled after 2019-20 Academic Session, there is cap for 10 years for completing MBBS course. He therefore, submits that in respect of the petitioner, there is no outer limit for the petitioner to complete his MBBS course provided that he was enrolled and started pursuing his studies prior to 2019. This Court has considered the Regulations of 2019, which was notified on

04.11.2019 amending the Regulations of Graduate Medical Education, 1997. In the said Regulation 2019, Regulation 11.2.6 provides that the learner shall not be entitled to graduate after 10 years of his/her joining of the first part of the MBBS course. After considering the Notification dated 04.11.2019, particularly, Regulation 2(i), this Court is of the considered opinion that the cap of 10 years is not applicable to the MBBS students who were admitted prior to 2019-20. This Court has also considered the submissions of the learned Standing counsel, NMC. Accordingly, this writ petition is allowed by permitting the petitioner to appear in the 3rd Professional MBBS (Part-I) Examination to be held from

17.05.2024 onwards and other further university examinations. Accordingly, the Communication dated 20.02.2024 written by the Controller of Examination, Srimanta Sankaradeva University of Health Sciences, and addressed to the Principal of Jorhat Medical College, Jorhat, is quashed and set aside insofar as the petitioner is concerned.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010093912024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2447/2024o ANUPAMoBORAHo S/OoAJIToKUMARoBORAH,oR/OoVILL-oAJANoGAON,oP.O.-TILIKIM,oP.S.- PULIBOR,oDIST-oJORHAT,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARY,oHEALTHoANDoFAMILYo WELFAREoDEPARTMENToTOoTHEoGOVT.oOFoASSAM,oDISPUR,oGUWAHATI- 781006 2:THEoDIRECTORoOFoMEDICALoEDUCATION oASSAM oKHANAPARA oGUWAHATI-22 3:THEoPRINCIPAL oJORHAToMEDICALoCOLLEGE oJORHAT-785001 4:SRIMANTAoSANKARDEVAoUNIVERSITYoOFoHEALTHoSERVICES oREPRESENTEDoBYoACADEMICoREGISTRAR o2NDoFLOOR oGAUHATIoMEDICALoCOLLEGEoBUILDING oGAUHATIoMEDICALoCOLLEGE oHILLoTOPoROAD oNARAKASURoHILLoTOP oBHANGAGARH oGUWAHATI oASSAM-781032 5:THEoCONTROLLERoOFoEXAMINATIONS Page No.# 2/4 SRIMANTA SANKARDEVA UNIVERSITY OF HEALTH SCIENCES 2ND FLOOR GAUHATI MEDICAL COLLEGE BUILDING GAUHATI MEDICAL COLLEGE HILL TOP ROAD NARAKASUR HILL TOP BHANGAGARH GUWAHATI ASSAM-781032 6:NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS CHAIRMAN POCKET-14 SECTOR-8 DWARKA PHASE-1 NEW DELHI-110077 UNDERGRADUATE MEDICAL EDUCATION BOARD NATIONAL MEDICAL COMMISSION POCKET-14 SECTOR-8 DWARKA PHASE-1 NEW DELHI-110077 Advocate for the Petitioner : MR. S K DAS Advocate for the Respondent : SC, HEALTH BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR