(1.) This appeal arises out of the Judgment in O.P. 20580/02. Writ petitioners wrote final year M.B.B.S. Examination conducted by the Controller of Examinations, University of Calicut in April 2002. They have passed in all the subjects in M.B.B.S. final year Part II Examination, the result of which was published on 19th June 2002 but declared failed in the practical examination in surgery. In the subject surgery for theory all of them secured high marks but were awarded marks ranging from 45 to 49 for practical examination, while the minimum required was 50. If the respondents are gracious enough to award the grace marks of five to practicals also just like theory subject all of them would pass the M.B.B.S. examination.
(2.) There are four subjects for final year M.B.B.S., i. e. Medicine, Surgery, Obstetrics and Gynaecology and Paediatrics. Among the said four papers, each paper consists of theory and practical examination. For a pass in each subject a candidate must have obtained 50 per cent in aggregate with a minimum of 50 per cent in theory including orals and minimum of 50 per cent in practicals / clinicals. Medical examination in the country is governed by the provisions of the Medical Council of India Act, 1955. The Medical Council of India has framed Regulations on Graduate Medical Education, 1997 in exercise of the powers conferred under S.33 of the Act. The Regulations indicate the manner in which the students are to be tested in examinations, distribution of marks in each paper and the minimum marks required for declaring the students as having passed in each subject. Regulation 12 (3) deals with University examinations. Regulation 12(4) prescribes the distribution of marks under the caption 'pass', it is prescribed as under:
(3.) One of the questions that arises for consideration in this case is whether the requirement that a candidate must obtain 50 per cent in theory including orals and a minimum of 50 per cent in practicals should be complied by including theory / practical component of the internal assessment marks or by excluding them. If we hold that under the Regulations a candidate shall be declared to have passed, if he has got 50 per cent of the aggregate marks in university theory + orals + internal assessment theory and 50 per cent of the aggregate marks in university practicals + internal assessment practicals / clinicals, then the petitioners 2, 3, 4, 6, 7 and 9 will have to be declared as passed since they have secured 67, 65, 65, 65, 65 and 69 marks respectively. Minimum required for the pass in clinical and practical in the subject surgery is 6.5" consisting 50 as university marks and 15 internal assessment. An identical question came up for consideration before a Bench of this Court in W.A. Nos. 1777 and 1831 of 2002. The Bench after examining the scope of the above mentioned Regulations and also ascertaining the views of Medical Council of India and perusing the counter affidavit resolves the above mentioned question. Dr. Arora, Joint Secretary of the Medical Council of India filed an affidavit, dated 24th September 2002 in that case. A clarification issued by the Medical Council of India addressed to Dr. K. M. Remeshchandra Babu, Member, Medical Council of India, Department of Chest Diseases, Calicut Medical College was also made available to the court. After considering all aspects of the matter a Division Bench declared that under the Regulations a candidate shall be declared to have passed, if he has got 50 per cent of the aggregate marks in University theory + orals + internal assessment theory and 50 per cent of the aggregate marks in University practicals + internal assessment practicals / clinicals. The above mentioned Judgment is squarely applicable to the petitioners 2, 3, 4, 6, 7 and 9. Consequently we are inclined to direct the University to redeclare results in accordance with the above mentioned directions. The redeclaration of the results shall be done within a period of one month from the date of receipt of a copy of this Judgment.