JUSTEENA JOSEPH Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) The question which arises for consideration in these Writ Petitions is whether a candidate appearing for M.B.B.S. examination should secure the required 35% marks in internal assessments in all the subjects to enable him to appear for the examinations; or whether he can appear for the examinations in the subjects in which he has secured the required minimum 33% marks in the internal assessments.

(2.) The petitioners in W.P.(C) No. 29760 of 2008 are M.B.B.S. students in Malankara Orthodox Syrian Church Medical College, Kolenchery. In the First Year Examination, they secured the required minimum 35% marks in internal assessment in some out of the three subjects but not in all. Applications were forwarded by the Principal for registering the students for first year M.B.B.S. examination. The University returned the applications of the petitioners on the ground that they did not secure 35% marks in internal assessment in all the three papers and on the ground that they applied for registration for the first time for the first year M.B.B.S. examination.

(3.) The petitioner in W.P.(C) No. 4057 of 2010 had passed the first year M.B.B.S. examination. He applied for the second professional examination, but his application was not forwarded by the Principal to the University for registration on the ground that the petitioner did not secure 35% marks in internal assessment in all the papers. According to the petitioner, he has secured 35% marks in internal assessment in Pathology and Forensic Medicine, but he did not get the required 35% minimum marks in Pharmacology and Microbiology. According to the petitioner, he is entitled to appear for the examinations in the subjects for which he secured 35% minimum marks in the internal assessment.