S SHYAMALA Vs. CONTROLLER OF EXAMINATIONS

JUDGEMENT

(1.) The petitioner, being a student of the first year M.B.B.S Course in the second respondent College at Karaikal, had written her first year examination in December 2001. Though she had passed in Anatomy and Bio-Chemistry, she had obtained only 116 marks in Physiology and was short of three marks for a pass. According to the petitioner, she applied for re-totalling of the marks and she also hoped of being awarded five marks as grace marks. But there was no response from the respondents. Therefore she had written the examination again in May 2002. Although she had done well, she was informed that she had failed in Physiology again.

(2.) The petitioner further submits that as per the notification issued by the Medical Council of India (MCI) dated 1.7.2002, an amendment was issued to the effect that grace marks upto a maximum of five marks can be awarded to a student, who had failed only in one subject, but had passed in all the other subjects. The petitioner claims to be entitled to the benefits of the said amended regulation and contends that her request for re-totalling of the examination conducted during December 2001 in a proper manner and she having secured only three marks less for a pass, she would have got the benefit of five grace marks. Though she had answered all the questions correctly, the evaluation should have been erroneous either by oversight or due to under valuation. The yearly fees of the petitioner works out to more than Rs.75,000/- and she had already lost one year. She had secured good marks in the other subjects viz., Anatomy and Bio-Chemistry. Therefore the petitioner has prayed for a Mandamus for the production of her answer papers 1 and 2 in Physiology for the examination held for the first year M.B.B.S during December 2001 and May 2002, for verification of the marks and for consequential benefits.

(3.) In the counter, the Controller of Exams, the first respondent University contends that in each subject against the maximum of 200 marks, a candidate is required to secure 100 marks for a pass. This is also subject to securing a minimum of 70 marks (out of 140) in theory, and 30 marks (out of 60), in the practicals.