The Delhi High Court sought a response from the central government and National Medical Commission regarding a plea filed by 5 differently abled students MBBS students.
The Delhi High Court has asked the Central Government and the National Medical Commission (NMC) to submit their response to the plea filed by 5 differently abled students. The students had filed a plea against the rule that set the maximum number of attempts available for clearing first year exams to four.
The court bench headed by Justice S C Sharma and Justice Yashwant Varma granted 10 days time to the Central Government through the Ministry of Social Welfare and Justice, NMC and three Haryana Colleges as they listed the matter to be heard on October 7th.
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Petitioners have sought the cancellation of orders that have been passed by their respective colleges based on which their admissions have stood canceled and have requested to restore their admission. The high court also asked the petitioners to file the details of their admission including the date of admission, marks scored , the number of failed attempts and the score cards.
The petitioners were admitted to medical colleges in the academic year 2019-20 and they challenged the November 2019 regulations on Graduate Medical Education (Amendment) issued by NMC through advocate Jeetender Gupta.
The pleas stated that the regulations were notified in November 2019 following which the admission of these students was quashed.They said that the regulation was being implemented retrospectively and requested an additional attempt. It also added that the authorities have failed to implement the Rights to Persons with Disabilities Act 2016 which treats disabled students differently.
On the other hand, NMC advocate T Singhdev said that if the students could not complete the first year examination even after 3 years, they can’t complete the MBBS course in 10 years which is the outer limit for course completion. He also said that there have been judgements in the past which supported the outer limit.