Rajasthan High Court Denies Relief To Candidate Unable To Clear MBBS In 14 Years, Says Can't Ignore Fate Of Patients

The Rajasthan High Court has dismissed an appeal filed by a medical student who sought permission to appear in the remaining papers of the MBBS Final Professional Part-II examination, observing that the Court cannot ignore the interests of patients who may eventually be treated by a candidate who has failed to clear the course despite repeated attempts over fourteen years.

A division bench of Justice Arun Monga and Justice Maneesh Sharma held that considerations such as the appellant's career prospects and financial hardship could not outweigh the larger public interest. It observed:

“A court cannot remain unmindful of the fate of patients who would be treated by a physician who has been unable to demonstrate the minimum competence prescribed, despite attempts spread over fourteen years.”

It further remarked that the MBBS qualification is "not a mere academic credential" but "a licence to treat patients", adding that a patient made aware of the appellant's academic record "would justifiably dread the consequences of such treatment."

The appellant had taken admission to the MBBS course at the National Institute of Medical Sciences (NIMS) University in 2010. He had challenged the dismissal of his writ petition, in which he had sought permission to appear in the remaining subjects of the MBBS Final Professional Part-II examination.

Before the Court, the appellant argued that the regulations in force when he was admitted did not prescribe any outer time limit for completing the MBBS course and, therefore, he was entitled to unlimited attempts. He contended that the ten-year cap introduced under the Regulations on Graduate Medical Education (Amendment), 2019, could not be applied retrospectively to his batch.

The Court, however, examined the appellant's academic record and noted that, despite multiple attempts at every stage of the course, he had been unable to clear the MBBS programme over nearly fourteen years.

The bench further pointed out that, in January 2024, a coordinate bench had gone "the extra mile" and granted the appellant yet another opportunity to appear in the MBBS Third Professional Part-II examination, despite the restrictions contained in the regulations.

However, even after availing that opportunity, the appellant failed once again.

“Even proceeding on the assumption most favourable to the appellant, namely, that no time cap governed his batch, the fact remains that he has failed in every attempt afforded to him, including the most recent one secured under the orders of this Court.”

Rejecting the plea that the appellant's career would be jeopardised and that he would suffer financial hardship, the bench held that these considerations, by themselves, could not justify judicial interference.

The Court observed that sympathy for the appellant could not be permitted to override the larger public interest and emphasised that minimum standards of competence for medical practitioners could not be compromised.

Accordingly, the appeal was dismissed.

Title: Sheikh Tarique v Union of India & Ors.

Citation: 2026 LiveLaw (Raj) 292

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