21.08.2026 Court No.13 Item No. 1(SL) pk MAT 1403 of 2026 With CAN 1 of 2026 Dr. Aishwarya Sharma Vs. National Medical Commission and others Mr. Kishore Dutta, Senior Advocate Mr. R. Chowdhury, Ms. Antara Chowdhury … For the Appellant. Mr. Lokenath Chatterjee Ms. Mary Datta … For the WBUHS. Mr. D. N. Ray, Ld. GP Dr. Suddu Singh Mr. Sourav Halder … For the State. Mr. D. N. Maiti Mr. A. Santra … For the Respondent no. 7. 1. This matter was taken up with some urgency as expressed by Mr. Kishore Dutta, learned senior advocate at the time of mentioning in morning. 2. The urgency expressed is that the date of the final M.S. examination (ENT) is fixed on 25.08.2026. 3. The challenge in the instant appeal is against the judgment and order dated 20th August, 2026 passed by a Single Bench of this Court. By the impugned order the Single Bench dismissed the writ petition, inter alia, on the ground that the discretion vested on the Hon’ble Supreme Court under Article 142 of the Constitution of India is not 2 so vested on the High Court under Article 226 of the Constitution of India. 4. The brief facts relevant to the case are that the petitioner enrolled in three years post graduate course of Masters in Surgery (ENT) at Jagannath Gupta Institute of Medical Science in Budge Budge at Calcutta. The institute is under the West Bengal University of Health Science. The petitioner enrolled in such course sometime in 31st October, 2023. She has regularly attended the classes and cleared the 1st year and 2nd year examination. 5. Due to a severe medical exigency in her family, i.e., her sister and mother being afflicted with cancer and its treatment, the appellant/writ petitioner lost sight of the fact, she was required to clear the mandatory online course of Bio-medical research course (BCRB). 6. The regulations of the Medical Council of India as prevalent at the time of her admission were as follows :- “No.MCI-18(1)/2019-Med./171700.- In exercise of powers conferred by Section 33 of the Indian Medical Council Act, 1956 (102 of 1956), the Board of Governors in Super-session of Medical Council of India with the previous sanction of the Central Government hereby makes the following regulations to further amend the “Postgraduate Medical Education Regulations, 2000” namely:- 1. (i) These Regulations may be called the “Postgraduate Medical Education (Amendment) Regulations, 2019.” (ii) They shall come into force from the date of their publication in the Official Gazette. 2. In the “Postgraduate Medical Education Regulations, 2000”, In Clause 13, under the heading of “Training Programme”, sub-clause 13.10 shall be added as under: 13.10. Online Course in Research Methods 3 (i) All postgraduate students shall complete an online course in Research Methods to be conducted by an Instiute(s) that may be designated by the Medical Council of India by way of public notice, including on its website and by Circular to all Medical Colleges. The students shall have to register on the portal of the designated institution or any other institute as indicated in the public notice. (ii) The students have to complete the course by the ends of their 2nd semester. (iii) The online certificate generated on successful completion of the course and examination thereafter, will be taken as proof of completion of this course. (iv) The successful completion of the online research methods cou8rse with proof of its completion shall be essential before the candidate is allowed to appear for the final examination of the respective postgraduate course.” 7. A plain reading of the aforesaid clause indicates that BCRB online course was essential before a candidate is allowed to appear for the final examination for the entire post graduate course. 8. During the subsistence of MS course of the appellant, the National Medical Commission notified the Post Graduate Medical Examination Rules of the year 2023. The Sub-Rule (e) of Clause (xi) under Clause 5.2 under Chapter V held that the same is mandatory and binding on the appellant. Training Programme (i) Post-graduate training shall consists of training of the students through lectures, seminars, journal clubs, group discussions, participation in laboratory and experimental work, involvement in research, clinical meetings, grand rounds, clinicopathological conferences, practical training in diagnosis and medical and surgical treatment, training in the basic medical sciences as well as in allied clinical specialties, etc. as per the requirement of speciality training. Specialities where patient treatment is involved the teaching and training of the students shall include graded responsibility in the management and treatment of patients entrusted to their care. A post-graduate student of a degree course in broad specialties/super specialties would be required to present one poster presentation or to read one paper at a national/Zonal/state conference of the respective specialty or to have one research paper published/accepted for publication as the 4 first author in the journal of the respective specialty to make him eligible to appear in the post-graduate degree examination. (xi) Common Course work The following course work shall be common and mandatory for all broad and super specialty post- graduate students irrespective of the specialty. (ii) (a) Course in Research Methodology. (iii) All post-graduate students shall complete an online course in Research Methodology. (iv) The students shall have to register on the portal of the designated training institutions. (v) The students shall complete the course in the first year. (vi) The online certificate generated on successful completion of the course and examination thereafter, will be acceptable evidence of having completed this course. (vii) The above certification shall be a mandatory requirement to be eligible to appear for the final examination of the respective post- graduate course. (viii) This requirement shall be applicable for all post-graduate students. 9. The Single Bench refused discretionary relief to the petitioner/appellant to permit her to sit in final examination for the post graduate course of M.S. (ENT). The Single Bench found that allowing relief to the petitioner would discriminate several other students who may not have chosen to appear in the final MS examination for want of BCRB certification. 10. It is now well-settled that the powers of the High Court under Article 226 of the Constitution of India are much wider than that conferred on the Hon’ble Supreme Court under Article 32 of the Constitution of India. 11. The power conferred exclusively to the Supreme Court and to no other Courts under Article 142 of the Constitution of India are meant to empower the Supreme Court to do substantial justice and in some cases pass orders in the peculiar facts available notwithstanding the law against such relief. 12. This, however, would not mean that the power of the High Court to grant discretionary relief in the peculiar 5 facts and circumstances of the instant case, is in any way restricted or circumscribed. 13. There is, however, one argument advanced by Mr. Kishore Dutta that needs to be noticed in these facts. The procedural law as is stood at the time when the petitioner entered the medical course that is Sub-Clause IV under Clause 13.10 referred to herein above does not make it mandatory for a candidate to obtain BCRB certification. Such mandatory provision in the Sub-Clause (e) of Clause XI under Clause 5.2 under Chapter V set out hereinabove was introduced in 2023. By reason of application of Sub- Clause (e) above, the appellant would be debarred from sitting in the final examination without a BCRB certification. Such procedural Rule cannot be applied retrospectively. Only earlier existing rules would be applicable. 14. In the given facts and circumstances, the omission of the appellant to notice the requirement of BCRB certification ought to be considered in a sympathetic manner. 15. The prejudice to any other students or discrimination anticipated by the single Bench is found by this Court without appropriate basis. 16. It could have been argued by the respondent that a person can have a lapse of memory for a limited period of time but not over a period of three years while pursuing such course. 6 17. This Court is however of the view that the petitioner being confronted with two cancer patients in her home and having to attend to their medical needs being a qualified MBBS doctor herself, is reason enough to accept a lapse of memory. It is an admitted position that the appellant was diligently pursuing PG course on one hand and is also attending the medical needs of her mother and sister at the same time. The appellant’s sister has since died. This apart from the trauma and pressure to balance both the aforesaid requirements have weighed before this court to direct the respondents to consider the case of the petitioner in a sympathetic manner. 18. In the light of the discussion made hereinabove and as a special case without creating any precedent this Court directs the respondents to permit the petitioner to sit for final MS examination fixed on 25.08.2026. 19. The result thereof may, however, be withheld until the appellant is able to produce a valid certificate of having cleared the BCRB online course. 20. It is once again made clear that this order and relaxation is being permitted in the special facts and circumstances of the case and shall not be cited as a precedent. 21. Since the West Bengal University of Health Science is represented before this Court their lawyer shall communicate the gist of the order to them immediately. 7 22. WBUHS shall issue admit card to the petitioner after complying all the requirements of registration for final examination and upon the petitioner fulfilling such other criteria. 23. With the aforesaid observation the instant appeal and the connected application are disposed of. 24. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Anuj Singh, J.)