Supreme Court declines to transfer HC petitions challenging National Medical Commission rules
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The Supreme Court in a case hearing named Ritimbra Ors. V. Union of India and National Medical Council and Ors |Transfer Petition(s)(Civil) No(s).2455-2458/2022 gave its judgement today wherein it refused to entertain a petition that seeked to transfer the HC petitions challenging the NMC rules limiting the number of exam attempts.
As per the report by Live Law, the petition was filed seeking to transfer to the Supreme Court the petitions in the High Court of Delhi, Rajasthan, Karnataka and Telangana. The petition challenges the rule of the NMC which mandate that “no more than four attempts shall be allowed for a candidate to pass the first Professional examination”. The regulation also states that the total period for successful completion of first Professional Course shall not exceed more than 4 years.
The bench comprising of Chief Justice of India DY Chandrachud and Justice Hima Kohli expressed unwillingness to entertain the petition when already the matter has been decided by the Delhi High Court by upholding the rule and had submitted its judgement on November 17. Further the live law report said that when the matter has already been decided by the Delhi HC then there is no need of transferring the matter to the Supreme Court. Three of the students had filed in Rajasthan HC and one had approached to Delhi HC and so the bench said that the petitioners pursue the matter to Rajasthan HC and mentioned that it will cause hardships to students if all petitions are transferred to one single High Court.
In case a leave petition is filed against the Delhi HC judgement then the Supreme Court can decide the issue