Page No.# 1/9 GAHC010282572023 2025:GAU-AS:4542 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7304/2023 KHURSHED ALOM CHOUDHURY SON OF SOMIR UDDIN SARKAR, RESIDENT OF VILLAGE SALMARA PT-2, PS AND DISTRICT- SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783127. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI- 781006. 2:THE DIRECTOR OF MEDICAL EDUCATION ASSAM KHANAPARA GUWAHATI-22. 3:THE PRINCIPAL CUM CHIEF SUPERINTENDENT GUWAHATI MEDICAL COLLEGE AND HOSPITAL BHANGAGARH GUWAHATI- 781032. 4:SRIMANTA SANKARDEVA UNIVERSITY OF HEALTH SCIENCE REPRESENTED BY ACADEMIC REGISTRAR 2ND FLOOR GAUHATI MEDIAL COLLEGE BUILDING GAUHATI MEDICAL COLLEGE Page No.# 2/9 HILL TOP ROAD NARAKASUR HILLTOP BHANGAGARH GUWAHATI ASSAM- 781032. 5:THE ACADEMIC REGISTRAR SRIMANTA SANKARDEVA UNIVERSITY OF HEALTH SCIENCE 2ND FLOOR GAUHATI MEDICAL COLLEGE BUILDING GAUHATI MEDICAL COLLEGE HILL TOP ROAD NARAKASUR HILLTOP BHANGAGARH GUWAHATI ASSAM- 7810032. 6:NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS CHAIRMAN POCKET-14 SECTOR-8 DWARKA PHASE-I NEW DELHI- 110077 UNDERGRADUAGTE MEDICAL COLLEGE BOARD NATIONAL MEDICAL COMMISSION POCKET-14 SECTOR-8 DWARKA PHASE-I NEW DELHI- 110077 Advocate for the Petitioner : MR. S K DAS, MR D BARMAN,MR R KARIM Advocate for the Respondent : SC, HEALTH, MR. K GOGOI,SC, N M C,SC, GMCH Page No.# 3/9 Linked Case : WP(C)/2780/2024 VISHAL VIKRAM BARUAH S/O- DIPAK KUMAR BARUAH R/O- VILL.- ANAND NAGAR POLYROAD P.S. AND P.O. ITACHALI DIST. NAGAON ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT TO THE GOVT. OF ASSAM DISPUR GHY-781006. 2:THE DIRECTOR OF MEDICAL EDUCATION ASSAM KAHANAPARA GUWAHATI-22. 3:THE PRINCIPAL JORHAT MEDICAL COLLEGE JORHAT-785001. 4:SRIMANTA SANKARADEVA UNIVERSITY OF HEALTH SCIENCES REP. BY ACADEMIC REGISTRAR 2ND FLOOR GAUHATI MEDICAL COLLEGE BUILDING GAUHATI MEDICAL COLLEGE HILL TOP ROAD NARAKASUR HILLTOP BHANGAGARH GUWAHATI ASSAM-781032. 5:THE CONTROLLER OF EXAMINATION SRIMANTA SANKARADEVA UNIVERSITY OF HEALTH SCIENCES 2ND FLOOR GAUHATI MEDICAL COLLEGE BUILDING GAUHATI MEDICAL COLLEGE Page No.# 4/9 HILL TOP ROAD NARAKASUR HILLTOP BHANGAGARH GUWAHATI ASSAM-781032. 6:NATIONAL MEDICAL COMMISSION REP. BY ITS CHAIRMAN POCKET-14 SECTOR-8 DWARKA PHASE-I NEW DELHI-110077 UNDERGRADUATE MEDICAL EDUCATION BOARD NATIONAL MEDICAL COMMISSION POCKET-14 SECTOR-8 DWARKA PHASE-1 NEW DELHI-110077. ------------ Advocate for : MR. S K DAS Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R 10.04.2025 Heard Mr. R. Karim, learned counsel for the petitioner. Also heard Mr. D.K. Baidya, learned Standing Counsel for the NMC in WP(C) 2780/2024 as well as Mr. B. Gogoi, learned Standing Counsel for the Health & Family Welfare Department. 2. These two writ petitions are directed against the communication dated 20.02.2024 and the impugned orders dated 08.06.2023 and 19.06.2023 issued Page No.# 5/9 by the Controller of Examination of Srimanta Sankardeva University of Health Sciences and Principal cum Chief Superintendent, Guwahati Medical College and Hospital, whereby, the petitioners have been debarred from appearing in any further MBBS examinations. 3. Having considered that issue involved in these writ petitions are similar on facts and law, same are heard analogously and disposed of by this common order. 4. In WP(C)2780/2024, the petitioner is pursuing MBBS course in the Jorhat Medical College and presently a student of 2nd Professional MBBS. He was admitted on 28.09.2015 in the MBBS course and by now he has passed 4th semester out of total 9 semesters. 5. The respondent issued a communication dated 04.01.2024 with regard to the submission of forms for 2nd Professional MBBS Examination and 3rd Professional MBBS (Part-I) Examination, March, 2024, pursuant thereto, the petitioner being eligible for 2nd Professional MBBS Examination in March, 2024 has deposited requisite fees on 19.02.2024. The respondent authority by the impugned communication dated 20.02.2024 addressed to the Principal of Jorhat Medical College informing that the petitioners along with two other students cannot be allowed to appear in any further MBBS Examination, as per the NMC Regulation. 6. In WP(C)7304/2023, the petitioner is pursuing MBBS course in the Gauhati Medical College and presently a final year student of MBBS. He was admitted on 26.07.2012 and has passed up to 8th semester out of total 9 semesters except 7th semester. By the impugned communication dated 08.06.2023, the petitioner Page No.# 6/9 was initially not allowed to appear in the 3rd Professional Part-I (Supplementary) Examination, which was to be held in July, 2023 and thereafter, vide impugned communication dated 19.08.2023 he has been allowed to appear as a last and final chance, which the petitioner is aggrieved. 7. Mr. R. Karim, learned counsel for the petitioners and Mr. D.K. Baidya, learned Standing Counsel for the NMC in WP(C) 2780/2024 as well as Mr. B. Gogoi, learned Standing Counsel for the Health & Family Welfare Department have fairly submitted that in view of the clear provision of the Regulation on Graduate Medical Education (Amendment), 2019, since the petitioners were admitted prior to 2018 and 2019, there would not be any cap of 10 years on the petitioners in order to complete the MBBS course. 8. The learned counsel for the parties further submits that the Coordinate Bench of this Court vide order dated 14.05.2024 in WP(C) 2447/2024 in the similarly situated the petitioner, has set aside the impugned order dated 20.02.2024. Therefore, the same relief may be provided to the present petitioners. 9. I have heard the learned counsel for the parties and also perused the materials including the Regulation on Graduate Medical Education (Amendment), 2019 and the order dated 14.05.2024 passed in WP(C) 247/2024. 10. Having considered that the provisions of the Regulation on Graduate Medical Education (Amendment), 2019 and as fairly been submitted by the learned counsel for the respondents that the student who have admitted prior to the year, 2018-2019 academic session, there would not be any bar to complete the MBBS course and also considering that this Court has interfered with the Page No.# 7/9 impugned communication dated 20.02.2024, I am of the considered view that the present petitioners are deserved with the similar relief. 11. The relevant paragraphs of the order of this Court dated 14.05.2024 in WP(C) 247/2024 are reproduced herein below:- “The petitioner is presently pursuing the MBBS course in the Jorhat Medical College under Srimanta Sankaradeva University of Health Sciences in 3rd 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 Page No.# 8/9 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 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 Page No.# 9/9 the petitioner is concerned.” 12. In view of above, these writ petitions stands disposed of by providing the same relief to the petitioners by holding that there would not be a cap of 10 years for the petitioners in order to complete the MBBS course, as they have admitted in the MBBS course prior to 2018-2019. 13. Consequently, the impugned communications dated 08.06.2023, 19.08.2023 and dated 20.02.2024 issued by the Controller of Examination of Srimanta Sankardeva University of Health Sciences and Principal cum Chief Superintendent, Guwahati Medical College and Hospital are hereby set aside and quashed. 14. Accordingly, these writ petitions stands allowed and disposed of. JUDGE Comparing Assistant