On Monday, the Supreme Court refused to hear a petition seeking to transfer petitions filed in various High Courts challenging the National Medical Commission's rule limiting the number of attempts to clear the first year of the MBBS course to four.

The problem stems from Regulation 7.7 of the Regulations on Graduate Medical Education (Amendment), 2019, which was announced by the NMC on November 4, 2019, and states that "no more than four attempts shall be allowed for a candidate to pass the first Professional examination." According to the regulation, "the total period for successful completion of the first Professional course shall not exceed four (4) years."

The petition was filed in order to transfer writ petitions filed in the High Courts of Delhi, Rajasthan, Kerala, Karnataka, and Telangana to the Supreme Court.

The bench, which included Chief Justice of India DY Chandrachud and Justice Hima Kohli, expressed reluctance to hear the petition, especially after noting that the Delhi High Court had decided the matter by upholding the rule in its November 17 judgement. When the bench asked who the petitioners were, the counsel replied that three of them had approached the Rajasthan High Court and one had approached the Delhi High Court. The bench advised the petitioners to take their case to the Rajasthan High Court. It went on to say that transferring the petitions to a single High Court would be inconvenient for students.

The bench also stated that if a special leave petition is filed against the Delhi High Court's decision, the issue will be decided by the Supreme Court. The bench dismissed the transfer petition as withdrawn because the counsel requested the right to withdraw it.

The Kerala High Court issued an interim order shielding students from coercive action under the challenged regulation.

Case Title: Ritimbra Ors. V. Union of India and National Medical Council and Ors

Case Number: Transfer Petition(s) (Civil) No(s).2455-2458/2022

Link: https://main.sci.gov.in/supremecourt/2022/32782/32782_2022_1_16_40010_Order_21-Nov-2022.pdf