NITHIN RAJU Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) THE petitioner is a 1st MBBS student in the Azeezia Institute of Medical Sciences and Research, Meeyannoor in Kollam District. He appeared for the 1st year examination in written, oral and practical held in August 2009, in two papers namely, Human Anatomy and Bio Chemistry. Since the petitioner failed in the above subjects, he appeared for all the subjects in March 2011 and again he failed. THEn he appeared for the supplementary examination held in August 2011 and he failed in one subject namely, Human Anatomy. Ext.P1 is a copy of the mark list.

(2.) GOING by Ext.P1 mark list, the petitioner acquired 52.5 marks for written examination, total 21 marks for internal assessment and oral, making a total of 73.5 marks for written and oral and the minimum mark prescribed for pass is 70. For the practical, there are two components namely, University marks and internal assessment. The minimum mark prescribed for the written part is 18 out of 40, and total minimum for a pass in practical is fixed 30 out of 60 taking a combined minimum for pass as 100 out of 200. The petitioner secured 100.5 marks. But the petitioner was treated as failed in practical since he could not get the prescribed minimum mark of 18 in the written part. It is pointed out that five marks could be added by way of moderation but the said benefit was not given to the petitioner as the total marks then will be 17 only. It is in these circumstances the petitioner approached this Court seeking for various reliefs.

(3.) MY attention is invited to clause 3 of Ext.P6 providing for the method of examinations which shows that examinations shall be conducted by one or more of the methods namely, written, practical and oral. It is therefore submitted that the word examination will take in practical examination also and therefore there cannot be any doubt with regard to the power of the University.