Saurabh Bishnoi vs Rajasthan University Of Health ...
2023 Latest Caselaw 3738 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Civil Writ Petition No. 19074/2022
Saurabh Bishnoi S/o Shri Malaram, Aged About 22 Years,
Resident Of Jaloowala, Jaisalmer, Rajasthan.
                                                                   ----Petitioner
                                   Versus
1.      Rajasthan University Of Health Sciences, Jaipur, Through
        Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar,
        Tonk Road, Jaipur (Raj.).
2.      Controller Of Examination, Rajasthan University Of Health
        Sciences, Jaipur, Sector-18, Kumbha Marg, Pratap Nagar,
        Tonk Road, Jaipur (Raj.).
3.      Dr. S.n. Medical College And Hospital, Shastri Nagar,
        Jodhpur (Rajasthan).
                                                                ----Respondents


For Petitioner(s)        :     Mr. Himanshu Choudhary

For Respondent(s)        :     Mr. Sangram Singh, G.C.
                               Ms. Vrinda Samdani for
                               Ms. Vandana Bhansali, A.G.C.
                               Dr. Mohit Singhvi
                               Mr. Sheetal Kumbhat
                               Mr. Mahendra Vishnoi
                               Ms. Akshiti Singhvi
                               Mr. Aman Gaur for
                               Mr. A.K. Gaur, AAG



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

27/04/2023

1.   Learned counsel for the respondents submits that the issue

involved in this writ petition is no more res integra in view of

judgment dated 28.11.2022 passed by Hon'ble Division Bench of

this Court in bunch of writ petitions led by D.B. Civil Writ Petition

No.11767/2022 (Shashi Kanwar Vs. Union of India & Ors.). The

judgment reads as under:-

                    (Downloaded on 28/04/2023 at 11:26:31 PM)
                                    [2023/RJJD/012312]                    (2 of 2)                      [CW-2488/2023]


                                                "Heard learned counsel for the parties.
                                                The petitioners have not been able to clear the
                                         MBBS first year despite four attempts. Therefore, the
                                         petitioners are challenging the validity of Regulation
                                         7.7 of the Regulations on Graduate Medical Education
                                         (Amendment) 2019, which provides for a maximum of
                                         four attempts for clearing a particular examination.
                                                The validity of the aforesaid Regulation has been
                                         upheld by the Division Bench of the Delhi High Court
                                         vide its decision dated 17.11.2022 passed in WPC
                                         No.13180/2022 and connected petitions.
                                                In view of the fact that the Regulation 7.7 is
                                         intact, the petitioners cannot be allowed any fresh
                                         attempt to appear in the MBBS first year course. Any
                                         such concession or grant of fifth attempt would be
                                         contrary       to     the         statutory          regulations.
                                                Accordingly, we find no merit in the writ petitions
                                         and the same are dismissed."


                                   2.    Accordingly, the present writ petition is dismissed.

                                   3.    All pending applications also stand dismissed.




                                                                 (DR. PUSHPENDRA SINGH BHATI), J.

164-nirmala/-

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