1 2026:CGHC:26964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1870 of 2026 1 - Sunil Kumar S/o Ramlal Aged About 27 Years R/o Village And P.O. Rohima District- Mahasamund, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Public Health And Family Welfare And Medical Education, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - The Director Medical Education, Directorate Of Medical Education, Swasthya Bhawan Sector 19, North Block, Atal Nagar, Nava Raipur, Chhattisgarh. 3 - Director Undergraduate Medical Education Board, National Medical Commission, Pocket -14, Sector-8 Dwarka, Phase-1 New Delhi. 4 - The Commissioner Medical Education Commissionerate Of Medical Education, Swasthya Bhawan, 2nd Floor, Sector 19, North Block, Atal Nagar, Nava Raipur, Chhattisgarh. 5 - The National Medical Commission Ministry Of Health And Family Welfare, Through Its Director, Pocket -14, Sector-8, Dwarka, Phase-1 New Delhi. 6 - The Director General Directorate General Of Health Services, Ministry Of Health And Family Welfare, Government Of India, Room Number 354, Dg Hs Ministry Of Health And Family Welfare, Nirman Bhawan. F-17, Karkarooma, Delhi- 110032 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 7 - Chhattisgarh Institute Of Medical Sciences (Cims), Bilaspur, Through - Dean, Chhattisgarh Institute Of Medical Sciences (Cims), Bilaspur, District Bilaspur C.G. ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner(s) :- Ms. Aditi Joshi, Advocate For State :- Mr. R.K. Gupta, Addl. A.G. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 01.07.2026 1. By way of the present writ petition, the petitioner has assailed the action of the respondents whereby the petitioner has not been permitted to continue the MBBS First Year course and/or to appear in the MBBS First Professional Examination after exhausting the permissible number of attempts, and has prayed for grant of one additional opportunity to appear in the examination. 2. The facts of the case, in brief, are that the petitioner is a student of MBBS First Year (Batch 2023) at Chhattisgarh Institute of Medical Sciences (CIMS). It is stated that the petitioner was duly admitted to the course and had appeared in the MBBS First Professional Examination on four occasions, namely July 2024 (Main), October 2024 (Supplementary), August 2025 (Main), and November 2025 (Supplementary), but could not qualify the same. It is the case of the petitioner that his failure to clear the examination was not due 3 to lack of merit but due to compelling personal circumstances, including serious medical condition of his father, which required constant care and financial support, thereby affecting his academic preparation. The petitioner, being aggrieved, submitted representations before the competent authorities seeking permission to continue the course and to be granted one additional opportunity to appear in the examination. However, since no relief was granted, the present petition has been filed seeking appropriate directions in that regard. 3. Following reliefs have been prayed:- “10.i. Issue an appropriate writ, order or direction, preferably in the nature of mandamus, directing the Respondents to permit the Petitioner to continue his MBBS First Year course and to appear in the ensuing MBBS First year Professional Examination, by granting him one additional/special attempt, in the Interest of Justice; 10.ii. Issue an appropriate writ, order or direction directing the Respondents to consider and decide the representation submitted by the Petitioner in a fair, reasonable and sympathetic manner, taking into account the exceptional circumstances and medical hardship placed on record; 10.iii. Pending final disposal of the present petition, this Hon'ble Court may kindly be pleased to direct the Respondents to provisionally allow the Petitioner to fill the examination form and appear in the next MBBS First year Professional Examination, subject to the outcome of the present writ petition; 4 10.iv. Pass such any other order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the interest of justice, equity and good conscience. 10.v. Award costs of the petition in favour of the Petitioner.” 4. Learned counsel for the petitioner, while reiterating the pleadings made in the petition, submits that the petitioner has been unjustly deprived of continuation in the MBBS course despite having appeared in all permissible attempts. It is contended that the petitioner’s inability to clear the examination was on account of unavoidable family circumstances and medical exigencies relating to his father’s illness. It is further submitted that denial of an additional opportunity would result in irreparable loss to the petitioner’s academic career and would be harsh and disproportionate. It is therefore prayed that the petitioner be granted one final opportunity in the interest of justice and equity. 5. Per contra, learned State counsel submits that the academic regulations governing MBBS course are clear and unambiguous. It is specifically provided that passing in the First Professional Examination is compulsory for proceeding to the Second MBBS training. It is further submitted that unless a student successfully passes the First MBBS examination, he/she cannot be promoted to the next stage of the course. It is also submitted that if a candidate fails to clear the supplementary examination within the prescribed attempts, he/she is required to repeat the First MBBS course curriculum and appear with the next batch. It is therefore 5 contended that the petitioner, having exhausted the permissible attempts, is not entitled to any further relaxation or indulgence. 6. Having heard learned counsel for the parties and perused the record, this Court finds that the issue involved is squarely governed by the applicable academic regulations framed by the competent authority/Medical Council/University, which mandate successful completion of the First MBBS Professional Examination as a condition precedent for promotion to the next phase of the course. The record further indicates that the petitioner has already availed all permissible attempts and has remained unsuccessful. 7. It is well settled that Courts, in exercise of writ jurisdiction, do not sit in appeal over academic standards or relax statutory academic regulations on considerations of sympathy or equity, particularly where the rules governing the field are clear and uniformly applicable. While the circumstances projected by the petitioner may evoke sympathy, it is equally settled that mercy or compassion alone cannot be a ground to override mandatory academic norms. The law is at the forefront and not at the last. 8. In the considered opinion of this Court, the impugned action of the respondents cannot be faulted as arbitrary or illegal, as it is based upon the applicable academic regulations and uniformly applicable policy governing medical education. No case is made out for interference under Article 226 of the Constitution of India. 6 9. Accordingly, this Court is of the view that no relief can be granted to the petitioner. The writ petition, being devoid of merit, is hereby dismissed. 10.No order as to costs. sd/- (Amitendra Kishore Prasad) Judge Vishakha