D SURENDRANATH Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) Petitioner appeared for tha final MDBS, degree examination conducted by the first respondent-University, held in the month of December, 1969 for the unexempted subjects, viz., Medicine and Surgery. The maximum marks prescribed for the subject Medicine-Theory and viva voce is 250; the minimum required for a pass is 125 marks and the petitioner secured 117 marks. In Medicine-Clinical, the maximum marks prescribed is 100; the minimum required for a pass is 50 and the petitioner secured 50 marks. Tn Surgery-Theory and viva voce the maximum marks prescribed is 300; the minimum required for a pass is 150 and the petitioner secured 150 marks. In Surgery-Clinical the maximum marks prescribed is 100; the minimum required for a pass is 50 and the petitioner secured 58 marks. In the aggregate the maximum marks prescribed is 750: the minimum required for a pass is 375 and the candidate secured 375. But, as the petitioner secured less than 50 per cent in Medicine-Theory and viva voce, he was declared failed in the MBBS., degree examination.

(2.) According to the petitioner, he is entitled to the addition of 8 marks as grace marks to what he has secured in Medicine-Theory and viva voce, i.e., 117 marks, in which event, he would have secured 50 per cent marks required for a pass. But, the respondents contended that the petitioner is entitled to 5 marks as grace marks and even if this is added to 117 marks that he has obtained in Medicine-Theory and viva voce. he would not secure the minimum marks for a pass.

(3.) Sri G. P. Shiva Prakash, the learned Counsel appearing for the petitioner contends, that on a proper interpretation of the relevant regulations of the University, the petitioner is entitled to 8 marks as grace marks and that the same is to be added to the marks that he has obtaintd in Medicine-Theory and viva voce, and should be declared as having passed in the examination. He placed reliance on Regulations 6, 8 and 10 and 11 of the Revised Regulations Governing Moderation and Gracing at University Examinations (hereinafter called the Regulations). It would be useful to refer to the relevant Regulations. Regulation 8 prescribes that "when the results of an examination are not declared in parts, the whole of the examination shall be taken as a single unit (part) for purposes of determining the amount of gracing ". It is not disputed that subjects of Medicine and Surgery formed a single unit, inasmuch as the results are not declared in parts but together. Regulation 10 reads as follows: