UNIVERSITY OF CALICUT Vs. ARUM MOZHI VARMAN K

JUDGEMENT

(1.) This is an appeal filed by the University challenging the judgment of the learned Single Judge directing the University to award grace marks up to 5 to the Respondents in the practical examination for the final year MBBS Part-II examination held by the University in September, 2010.

(2.) We have heard standing counsel appearing for the University and the senior counsel K. Radhakrishnan, who appeared for the Respondents.

(3.) All the Respondents have failed in one out of four subjects for the final year MBBS Examination and the shortage of marks ranges from 1 to 5, which is in the practical examination. Grace marks are provided in one subject for the final year MBBS examination also to allow the students to pass the examination as a whole. However, the Pass Board constituted by the University for the final year MBBS Examination decided not to grant grace marks in the practical examination. By virtue of the decision of the Pass Board, the University declined to award grace marks to the Respondents in the practical examinations which led to their failure in the final year examination. In other words if each of the Respondents were awarded up to 5 marks in the practical examination in one subject, all of them would have passed the final year (Part-II) MBBS examination.