Four-Attempt Cap Counts First-Year MBBS Attempts, Not Subjects: Bombay High Court Dismisses Student's Plea

Admitted to the First Year MBBS course in August 2023, the petitioner fell two marks short in the Anatomy internal assessment, so in the August 2024 university examination she appeared in every subject except Anatomy (paras 2-3). She took Anatomy for the first time in October 2024, when she cleared the other subjects, and again in September 2025 and December 2025, failing the theory paper each time (paras 4-7). Her college told her she could not have another attempt (para 9). In her writ petition she argued that she had attempted Anatomy only three times and that the 2023 Regulations had dropped the rule counting partial attendance as an attempt (paras 13-14).

The Court held that the proviso to Regulation 21 of the 2023 Regulations allows no more than four attempts "for the first year (First Professional MBBS)" and does not limit attempts subject by subject; a student gets only four attempts at the first year, whatever subjects she appeared in each time (para 24). The omission of the 1997 Regulations' words treating partial attendance as an availed attempt does not change the plain wording of Regulation 21 (para 25). As the petitioner had admittedly made four attempts at the first year, she could not be allowed another in Anatomy (para 26). It was unnecessary to consider the NMC's CBME guidelines (para 27). Rajkumarsingh S/o. Dr. K. B. Singh v. Amravati University was distinguishable: there the student could not appear because he was detained for want of attendance, and later examinations passed before his result was declared; here the petitioner actually appeared in Physiology and Biochemistry in her first examination, which counted as one of the four attempts (paras 28-29).