Brief Note: Lovesh & ORS. Vs. Union Of India & ORS.

W.P.(C) NO. _____ Of 2023

Our clients: Lovesh along with 30 other MBBS Students

Respondent: No.1- UOI/MoHFW
No.2 NMC
No.3 AIIMS

IA Prayer (Page No. 41):

a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction
holding that the Petitioner students who had taken admission to the Bachelor of Medicine and
Bachelor of Surgery (“MBBS”) Course in the year 2019 shall be governed by the
examination regime that governed the students who had taken admission to the MBBS
Course before 2019;

b. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction
holding that the Petitioner students who had taken admission to the Bachelor of Medicine and
Bachelor of Surgery (“MBBS”) Course in the year 2019 shall not have their final year
examination replaced by NexT Step 1 and that the final examination as they existed prior to
implementation of Section 15 of the National Medical Commission Act, 2019 would be
conducted for the Petitioner students;

c. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction
holding that the Petitioner students who had taken admission to the Bachelor of Medicine and
Bachelor of Surgery (“MBBS”) Course in the year 2019 shall give their final year
examination as per the pattern/methodology which existed prior to the implementation of the
provisions of Section 15 of the National Medical Commission Act, 2019;

d. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction
holding that the Petitioner students who had taken admission to the Bachelor of Medicine and
Bachelor of Surgery (“MBBS”) Course in the year 2019 shall be governed by the regime
existing prior to 2019 for the purposes of registration as well as for obtaining a license to
practice in pursuance of their MBBS Degrees;

e. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction
holding that the Petitioner students who had taken admission to the Bachelor of Medicine and
Bachelor of Surgery (“MBBS”) Course in the year 2019 shall not have to take the National
Exit Test (NexT) Step 2 for the purposes of being eligible to be registered for practice, in the
National Medical Register/State Medical Registers, as the case may be;

f. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction
holding that the Petitioner students who had taken admission to the Bachelor of Medicine and
Bachelor of Surgery (“MBBS”) Course in the year 2019 shall not be governed by the NMC,
National Exit Test Regulations, 2023 dated 27.06.2023;

g. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction
holding that the Petitioner students who had taken admission to the Bachelor of Medicine and
Bachelor of Surgery (“MBBS”) Course in the year 2019 shall not have to take the National
Exit Test (NexT) Step 1 for the purposes of being eligible for the Compulsory Rotating
Internship;

h. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction
directing Respondent no.2/National Medical Commission to issue a clarification that the
NMC, National Exit Test Regulations, 2023 dated 27.06.2023 shall not apply to the Petitioner
students who had taken admission to the Bachelor of Medicine and Bachelor of Surgery
(“MBBS”) Course in the year 2019;

i. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction
holding that the Petitioner students who had taken admission to the Bachelor of Medicine and
Bachelor of Surgery (“MBBS”) Course in the year 2019 shall be governed by the regime
existing prior to 2019 for the purposes of getting admission into broad specialty Post
Graduate degree and diploma courses;

j. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction
holding that the Petitioner students who had taken admission to the Bachelor of Medicine and
Bachelor of Surgery (“MBBS”) Course in the year 2019 shall not have to clear NexT Step 1
or NexT Step 2 or both for the purposes of getting admission into broad specialty Post
Graduate degree and diploma courses;

k. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to
the Respondent(s) to clarify the issues pertaining to the Implementation of the provisions of
Section 15 of the National Medical Commission Act, 2019 at the earliest;

l. Pass/make any other such other appropriate writs/orders/direction as this Hon’ble Court
may deem fit and proper in the facts and circumstances of the case.

Date Event
May-June That the National Eligibility cum Entrance test (Undergraduate) (“Neet UG”)
2019 exams were held in the month of May 2019 and the results for the same were
declared in June. That the students on successfully clearing the same, get
admission to the course of Bachelor of Medicine and Bachelor of
Surgery(“MBBS”).
June-July That in the month of June-July 2019 the All India Counselling took place.
2019