Four-Attempt Cap In First-Year MBBS Exams Includes Both Regular And Supplementary Exams: Kerala High Court
The Kerala High Court has held that four attempts cap in the First Professional MBBS Degree Examination includes both regular and supplementary exams.
Justice Bechu Kurian Thomas delivered the judgment in a petition filed by a first year MBBS student.
The petitioner joined the MBBS course in the year 2023 and has not been able to clear the first year MBBS as she failed in three subjects. The first professional MBBS course has to be completed within four attempts in four years and the petitioner has already completed four attempts yet has not been able to clear the subjects.
The petitioner has hence approached the High Court seeking direction to permit her to write the next First Professional MBBS Degree examination, either as a mercy chance or as a chance available to her within the four year period.
The respondents objected to the petition by placing reliance on the Graduate Medical Examination Regulation, 2023 (GMER 2023), which stipulates that under no circumstance a student shall be allowed more than four attempts for the first year.
The Court examined the GMER Regulation and the guidelines prescribed by the National Medical Commission.
According to the National Medical Commission guidelines, if a student fails in the supplementary examination in Phase I of MBBS, the student goes to the junior batch and there shall not be any supplementary batches. It further states that if a candidate has not appeared for the University examination for a subject, then it shall not be counted as an attempt for that subject. It also states that no more than four attempts shall be allowed for a candidate to pass the Phase I examination.
The Court noted that the words “four attempts” for the first year Professional MBBS includes both regular and supplementary examinations.
“The words “four attempts for first year Professional MBBS” clearly indicates that irrespective of whether it is regular examination or supplementary examination, a student has only four attempts. The term 'regular exam' as far as a failed candidate is concerned, applies only to the first attempt and every subsequent attempt will in fact, be a supplementary examination.” Court noted.
The Court further added that a confusion regarding regular examination or supplementary examination does not arise as the Regulation specifically refers to “attempts” in contradiction to regular or supplementary examination.
“This Court is of the view that a candidate can avail only four attempts, irrespective of whether it is regular or supplementary and once such attempts are availed, a further opportunity cannot be granted.” Court held.
Relying on the decision by the Delhi High Court in Sachin and Others v Union of India and Others [WP(C) 13180/ 2022] Court further noted that academics and academic prescriptions are not to be tampered with by the courts of law, unless there are exceptional reasons.
“Judicial interference with Regulations framed by academic bodies ought not to be done casually. Even if a specific Regulation leads a student to difficulty, the same is not a reason for this Court under Article 226 of the Constitution of India to interfere. This is all the more so when the issue under consideration relates to students of medicine, who ultimately cater to the needs of health of the society, whose competence, has a direct bearing on public health and safety.” court added.
Noting that there are no exceptional circumstances in the present case, the Court dismissed the petition.
Case Title: Krishnapriya M v State of Kerala and Ors.
Case No: WP(C) 23175/ 2026
Citation: 2026 Livelaw (Ker) 468
Counsel for Petitioner: Krishnadas P. Nair, K.L. Sreekala, Haridas P. Nair, M. Rajesh Kumar, K.G. Manoj Kumar, Prasoon K.P, Anu Prabhakar, Swathy Krishna, Abhirami P.S, Lakshmy Balan
Counsel for Respondents: P. Sreekumar (Sr.), S. Ganesh (SC - KUHS), S. Krishnamoorthy(SC - UGC), K.S. Prenjith Kumar (SC - NMC), Aditya Thejus Krishnan