IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 14059/2026 Decided on: 19.08.2026 Anshit Sharma …Petitioner Versus Atal Medical & Research University & Anr. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Janesh Gupta, Advocate. For the respondents: Mr. Sandeep K. Pandey, Advocate. Jyotsna Rewal Dua, J. This writ petition has been filed for the grant of following substantive relief: - “It is, therefore, prayed that petition may be allowed and petitioner may be permitted to sit in the examination being conducted by the respondent as per Notification dated 10.08.2026 and justice be done to the petitioner.” 2. Grievance of the petitioner was noticed in the following order dated 17.08.2026: - “Admittedly, the petitioner has failed in four permissible attempts permitted to a candidate for 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 passing the First Professional Examination of the MBBS Course. Petitioner seeks fifth attempt. Let learned counsel for the respondents to have instructions in the matter. List on 19.08.2026.” 3. Pursuant to the above, learned counsel for the respondents-University has placed on record office instructions dated 18.08.2026. As per these instructions, the National Medical Commission (Under Graduate Medical Education Board, 2023) had issued a notification on 02.06.2023, mentioning at Point No. 21 of Chapter V……. Under no circumstances, the student shall be allowed more than four attempts for first year (First Professional MBBS) and no student shall be allowed to continue undergraduate medical course after nine years from the date of admission into the course. A copy of the said notification dated 02.06.2023 promulgating ‘Graduate Medical Regulations 2023’ in exercise of powers conferred by the National Medical Commission Act has also been appended along with the office instructions. The office instructions are further to the effect that petitioner’s specific request was placed before the National Medical Commission, New Delhi, the Regulatory Authority in the matter, which has also rejected the request of the petitioner in terms of Annexure P-6. Relevant paras of the office instructions read as under: - 3 “It is further submitted that as per National Medical Commission (Under Graduate Medical Education Board, 2023) notification dated 02-June-2023. It was specifically mentioned in Point No. 21 of the Chapter V-Competency Based Dynamic Curriculum at Undergraduate Level states that:- "Training period and maximum duration- Every student admitted in accordance with these Regulations, shall undergo training as per the guidelines published by UGMEB of NMC and displayed on the NMC website from time to time; Provided under no circumstances the student shall 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 into the course" annexed as Annexure R-1. As the petitioner has already availed four attempts in the First Prof. Phase -1 MBBS Course as admissible to him. There is no provision in the Graduate Medical Education Regulations, 2023 or GMER-23 to allow any further attempt in favor of the petitioner. However, it is further submitted that the request of the petitioner has also been rejected by the National Medical Commission, New Delhi, as per annexure P-6 which is regulatory authority in the matter…..” Regulations are not under challenge. Learned counsel for the petitioner’s endeavour to draw an analogy on the lines of the 4 5th chance given to the students during the COVID-19 pandemic cannot be accepted in the given facts & circumstances. 4. In view of above, relief claimed for by the petitioner cannot be granted to him. Accordingly, the petition fails and is dismissed. Pending miscellaneous applications, if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 19th August, 2026(rohit)