MBBS Student Cannot Have More Than Four Attempts For First Year Exams: Bombay High Court Dismisses Student's Plea
The Bombay High Court has held that a student pursuing the First Professional MBBS course cannot be permitted more than four attempts for the first year, irrespective of the subjects in which the student appeared in each attempt. The Court accordingly dismissed a petition filed by an MBBS student seeking permission to appear for the Anatomy examination for the fourth time, holding that she had already exhausted four attempts for the first year MBBS course.
A Division Bench of Justice Firdosh P. Pooniwalla and Justice R. I. Chagla was hearing a writ petition filed by a student seeking permission to appear for the theory and practical examination in Anatomy conducted by Maharashtra University of Health Sciences (MUHS). The Petitioner had been admitted to the First Year MBBS Course in August 2023 and had passed the internal assessments (which was a condition precedent to appear in theory and practical examination) in all subjects except Anatomy. The Petitioner subsequently appeared for the Anatomy examination thrice, but failed the theory examination. The Petitioner was informed that she was not allowed another attempt as she had expended four years from the date of her admission.
The Petitioner contended that she had appeared for the Anatomy paper only three times and therefore ought to be permitted a fourth attempt. The respondents contended that the relevant Regulation categorically provides that a student shall not be allowed more than four attempts for the first year MBBS course and that the Petitioner had already given four attempts.
The Court noted that Regulation 21 of the 2023 Regulations provides that, under no circumstances, the student shall be allowed more than four attempts for the first year (First Professional MBBS).
“… the Regulation provides that the student shall not be allowed more than four attempts for the first year of MBBS and does not restrict the limit to attempts made in different subjects as is submitted by the Petitioner,” the Court remarked.
Hence, the Court held that the student can be allowed only four attempts of the first year MBBS, irrespective of the subjects in which the student may have appeared in each of those attempts.
Coming to the facts, the Court noted that the Petitioner had admittedly given four attempts of the first year MBBS. It therefore held that, by virtue of Regulation 21 of the 2023 Regulations, she could not be allowed one more attempt in Anatomy.
“… by virtue of the provisions of Regulation 21 of the 2023 Regulations, the Petitioner cannot be allowed one more attempt in Anatomy as sought by the Petitioner. The Petitioner has already been allowed four attempts for the first year MBBS and cannot be allowed any more attempt,” the Court observed.
Accordingly, the Court dismissed the writ petition.
Case Title: Aarya Avinash Patil v. Maharashtra University of Health Sciences, Nashik [Writ Petition No. 7366 of 2026]