POONAM CHAURASIA Vs. UNIVERSITY OF DELHI AND ORS

JUDGEMENT

(1.) This writ petition deals with the mark sheet of the petitioner in the Third Provisional Part-II MBBS-2018 Examination, conducted by the Faculty of Medical Sciences, University of Delhi, specifically the marks awarded to the petitioner with respect to Paper 1 in the Examination, i.e. the "Medicine" paper. The marks awarded to the petitioner, in the "Medicine" paper, in the aforestated examination, may be set out in a tabular form thus:

(2.) Regulation 12(4)(d) of the Medical Council of India, Regulation on Graduate Medical Education, 1997 (hereinafter referred to as the "1997 Regulations") stipulates that, in order to pass in each subject, a candidate is required to obtain 50% aggregate with the minimum of 50% in the theory including oral and a minimum of 50% in practicals. It is this clause which forms the fulcrum of the controversy in the present case. Apart from this, the candidate is also required to obtain, overall in all the papers, 50% of the total aggregate marks, which, it is not disputed, the petitioner has obtained.

(3.) A glance at the above tabular statement would reveal that the petitioner has been awarded a grand total of 159 marks out of 300 in his Medicine paper. This figure of 159 out of 300 is a sum of two individual totals, being 84 out of 170 and 75 out of 130. The figure of 84 out of 170 is, in turn, a cumulative total of the marks obtained in the written, oral and internal assessment components, whereas the figure of 75 out of 130 is similar a total of the practical and internal assessment components. In other words, in working out the marks obtained of 84 out of 170 and 75 out of 130, the University has taken into account, in each case, the marks obtained by the petitioner in the internal assessment components.