JOSEPH Vs. REGISTRAR MANGALORE UNIVERSITY

JUDGEMENT

(1.) IN these petitions under Article 226 of the Constitution, the petitioners have sought for quashing the communications dated 25-1-1986 bearing No. P.O.4326/85-86 and P.O.4327/ 85-86 addressed to the petitioners produced as Annexures A and B respectively, informing them that as per the result announced by the Mangalore University, they have failed in the M.D.S. Part-II (Orthodontics) Examination held in December, 1985.

(2.) THERE is bias pleaded against the internal examiner; but he has neither been made a party nor that contention is urged during the course of argument. THEREfore, it is not necessary to go into the same.

(3.) ON the contrary, it is contended on behalf of the respondents 1 and 2 that there is no provision contained in the Regulations providing for declaring the results of M.D.S. Examination on the basis of the majority opinion of the members of the Board of Examiners, therefore, respondents 1 and 2 arc justified in declaring the petitioners as failed because all the 4 examine are not agreed that the petitioners are entitled to be declared as passed inasmuch as the internal examiner by name Dr. Sumanth Goel, Reader, Department of Orthodontics, Collage of Dental Surgery, Manipal, has entered his opinion in the result sheet stating that the petitioners 1 and 2 have failed. Reliance is placed on Regulation No. 27.7 of the Regulations.