NITHIN S Vs. KERALA UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) The appellant is a MBBS student. He appeared for the first professional MBBS examination conducted in the month of August, 2015. There are altogether three papers in the said examination and he failed in all the three papers. Subsequently, he appeared in the Anatomy paper alone (Anatomy paper I and II) in the supplementary examination held in February, 2016 and again failed. Thereafter, he appeared in the second supplementary examination in the month of August 2016 and passed in the said paper. The appellant now contends that he ought to have been declared as passed in Physiology paper in the light of the marks obtained by him in August 2015 in terms of Ext.P11 decision of the Academic Council.

(2.) Ext.P1 Regulation states that the entitlement of grace marks is limited to those students who have passed in two papers and failed in one paper. According to the University, the said Regulation necessarily discloses that grace marks are available to the students who appear in three papers and passes two out of the three papers at a stretch. It means that the grace marks cannot be granted to a student who passed the examinations in different sittings.

(3.) The case of the appellant is that he is entitled to claim the benefit arising under Ext.P11 decision of the Academic Council wherein the Council has decided that if the score of a student is improved in the third valuation, the marks obtained in the third valuation shall be treated as the final mark of the student. The said submission is opposed by the University.