NATIONAL MEDICAL COUNCIL Vs. JANA JHANVI VENUKUMAR

JUDGEMENT

(1.) This intra-court appeal is directed against the judgment and order dtd. 16/12/2024 passed by the learned single Judge allowing the writ petition filed by nine medical students jointly praying for a direction to consider their cases for migration in light of the GMER, 1997 (Graduate Medical Education Regulations, 1997), as amended in the year 2008 and for holding that the GMER, 2023 is not applicable to the them/the petitioners retrospectively. The appellant before us is the National Medical Council (Commission), an apex body, in charge of regulating the medical education.

(2.) The Graduate Medical Education Regulations, 1997 framed by the National Medical Commission governs the admission process in the State, which is conducted by the Admission Committee for Professional Under-Graduate and Post-Graduate Medical Education Courses. The short issue for consideration before us is as to whether the learned single Judge Judge has committed an error of law in relying on the unamended Medical Regulations of 1997 and the amendment of 2008 holding the field before the GMER, 2023 was introduced and published finally in the Official Gazette on 2/6/2023, bringing the same into effect from the said date.

(3.) At the out set, we may record that there is no prayer in the writ petition to challenge the validity of the GMER, 2023 framed by the National Medical Commission enforced w.e.f. 2/6/2023. The reliefs as prayed by the petitioners in the writ petition, are relevant to be noted hereinunder :-