VIDYA BHAT T Vs. MAHATAMA GANDHI UNIVERSITY

JUDGEMENT

(1.) O. P. No. 17806/2000 : The petitioner is a "Final Year Student of Bachelor of Homoeopathic Medicine and Surgery in Dr. Padiar Memorial Homoeopathic Medical College, Chottanikkara. The said institution is affiliated to the first respondent University and is functioning as provided by the University Regulations and Regulations issued by the Central Council of Homoeopathy. The Bachelor of Homoeopathic Medicine and Surgery, for short "BHMS", Course is a Bachelor Degree Course with five and a half years duration, including internship of one year. The petitioner, it is alleged, has passed her first and second year examination in Second Class. She has appeared for the Third Year examination during November, 1999 and the results of the same were published during May, 2000.

(2.) During the third year, altogether there were four subjects, viz. (1) Organon of Medicine, (2) Materia Medica, (3) Surgery, (4) Obstetrics and Gynaecology. The maximum marks awarded to these subjects is 1680. Minimum marks required for the pass for all the subjects is 840. Apart from this, as per the Scheme and Syllabus prepared and published by the first respondent University, a separate minimum of 50% marks for the written, viva-voce and practical/clinical in each subject is also required.

(3.) It is alleged in the writ petition that when the results of 3rd year was published, the petitioner had passed in three subjects, except Surgery for want of minimum marks of 50% for the Clinical. The petitioner has secured 56 marks for Clinical in the subject of Surgery out of 120 marks. She had failed in the subject of Surgery for want of 4 marks. It is alleged that as per the Scheme, the Board of Examiners is vested with powers to grant grace marks up to a maximum of 1% of the total marks in the subject to a candidate enabling him/her for a pass in the particular examination. The total mark prescribed for the subject of Surgery is 480 and, therefore, 1% grace mark will come to 4.80. Therefore, if grace marks are awarded, the petitioner will pass the subject of Surgery. The petitioner then filed a representation to the University and the Board of Examination. But, so far no action has been taken. Therefore, the petitioner has filed this Original Petition for a writ of mandamus commanding the second respondent to award grace marks to the petitioner for Clinical in the subject of Surgery as provided in the Scheme and to pass appropriate orders on Exhibits P3 and P4 representations.