Chayan Saha v. State Of West Bengal And ORS.

24.03.

Ct. No. 24 Ab

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE.

WPA 4621 of 2026 Chayan Saha Vs.

The State of West Bengal and others.

--------------- Mr. Pritam Chowdhury, Mr. Mihir Saha, Mr. Rahul Bhowmik.

... for the petitioner.

Mr. Rama Halder, Mr. Samir Kumar Ghosh.

... for the State.

Mr. D. N. Maiti Mr. A. Santra.

... for the respondent nos. 5-6.

Mr. S. Bandopadhyay, Ms. Deboleena Ghosh, Mr. A. K.Nag.

... for the WBMCC.

Mr. Sunit Kumar Roy.

... for the NMC.

1. The petitioner is an unsuccessful candidate as he has exhausted the maximum number of four permissible attempts to clear the first professional University examinations for pursuing MBBS course.

2. The module is clear and unequivocal and applies to all persons without any deviation.

3. Since the petitioner has exhausted all his four attempts and been unsuccessful, I do not find any reason to afford a further opportunity to the

petitioner.

4. Any further opportunity to clear the examinations would result in a complete violation of proviso to Regulation 21 of the notification no. U-14021-82023-UGMEB dated June 2, 2023 issued by the National Medical Commission.

5. In view of the afore-stated, the writ petition fails and is, accordingly dismissed.

6. There shall, however, be no order as to costs.

7. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Reetobroto Kumar Mitra, J.)