JOSEPH Vs. REGISTRAR, MANGALORE UNIVERSITY

JUDGEMENT

(1.) In these petitions under Art. 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.) The contention of the petitioners is that the Board of Examiners for M.D.S. Part-II (Orthodontics) Examination consists of 4; and out of them 3 are external examiners and one is an internal examiner; that the three external examiners have unanimously opined that the petitioners are entitled to be declared as 'passed' whereas the internal examiner has opined to the contra ; that the University, only on the basis of the minority opinion of the internal examiner, has declared that the petitioners have 'failed'; that the Regulations framed by the University of Mangalore, known as "XVIII Regulations Governing Master Degree Course in Dental Surgery M.D.S." (hereinafter referred to as the "Regulations") do not provide that all the members of the Board of Examiners must agree for declaring that an examinee has passed the examination in question ; that the Regulations also do not prohibit for arriving at a decision by the Board of Examiners on the basis of the opinion of the majority; therefore the case of the petitioners is that according to the majority opinion of the members of the Board of Examiners, the petitioners ought to have been declared as passed.