BANGALORE UNIVERSITY Vs. SHEETAL PATEL

JUDGEMENT

(1.) The respondent 1, a student of First year M.B.B.S. appeared for I year M.B.B.S. Part-I Examination in the subjects of Anatomy, Physiology and Biochemistry and failed in all the subjects. Feeling herself entitled to the grant of grace marks she made a representation Annexure-B and application for a revaluation, Annexure-D, but without any result. Ultimately, she filed a writ petition in this Court which was allowed by the order impugned directing the appellant to award grace marks to the petitioner/respondent 1 in the subject of Anatomy (a) and (b) subjects and declare her as having passed in the said subject.

(2.) The judgment of the learned Single Judge has been assailed on the ground that the directions issued were contrary to the proviso to Regulation 6 of Gracing Regulations. The learned Single Judge is stated to have not taken notice of the fact that the said proviso prescribed that "no candidate shall have the benefit of gracing for the paper/s and the aggregate at the same examination". It is submitted that the respondent 1 at the most was entitled to 7 grace marks, the award of which was controlled and regulated by subsequent regulations. Regulation 4 provided that a candidate would not be entitled to more than 2% of the maximum marks of the paper to be graced. It is submitted that the paper to be graced in the instant case was Anatomy-I, where the respondent 1 secured 31 marks as against 32 marks, minimum marks required. It is contended that even if she is given one grace mark in Anatomy-I(a), her total marks would be 32 resultantly making her total marks in Anatomy-I(b) as 73. As the minimum number of marks required to pass the paper were 75, the respondent 1 was not entitled to the relief granted to her.

(3.) In exercise of the powers conferred on him under Section 12(5) of the Bangalore University Act, 1964, the Vice-Chancellor issued a notification dated 12-11-1974 repealing the then existing gracing regulation of the University and formulating the new regulations as given in the Schedule annexed thereto. Regulations 2, 3 and 4 of the Schedule read as under: