BHARAT GUTHIKONDA Vs. PONDICHERRY UNIVERSITY

JUDGEMENT

(1.) SINCE the issue raised in these petitions is one and the same, they are being disposed of by the following common order: in W. P. No. 557/2004 the petitioner Bharat Guthikonda seeks to issue a Writ of declaration declaring that he has passed in the subject of Obstetrics and gynaecology of Final year MBBS Examination held in November, 2003 with registration No. 8617510 as per Medical Council of India Regulations ("mci" in short),1997 and also in the subject of Paediatrics by awarding one grace mark, making eligible to undergo Internship and become a Registered Medical practitioner. In the other two writ petitions, the respective petitioners, namely, Jacob Pavothi Kunnel Philip and P. Ashok have prayed for similar relief.

(2.) FOR convenience we shall refer the case of the petitioner in W. P. No. 557/2004. According to the petitioner, he has joined in the fourth respondent medical College for the 1st Year MBBS Degree course during the academic year 1997-98 under the new regulations. He completed the MBBS course and passed all the examinations except OG and Paediatrics in which he is declared fail in the examination conducted in November, 2003. His Registration Number is 8617510. The petitioner has passed in all other subjects and in November, 2003 examination he passed in other two subjects viz. , Surgery and Medicine. He is declared fail in the said two papers by applying Pondicherry University regulations which prescribe separate minimum in Theory and Practical which is contrary to Chapter IV 12 (4) of the Medical Council of India Regulations 1997 which deals with the Professional examinations, distribution of marks to various disciplines. Under the MCI norms in the subject of Obstetrics and gynaecology, the petitioner is required to get 70/140 and he secured 75/140 and in the subject of Paediatrics he is required to get 30/60. However, he got only 29 out of 60 which means he is lacking one mark for reaching aggregate of 50%. The MCI Regulation clearly states that if a candidate has passed in the other subjects in an examination but failed in only in one subject upto 5 marks can be awarded as Grace Marks. In November, 2003 examination, the Pondicherry University awarded upto 5 marks including in the subject of Paediatrics and if the petitioner is awarded one grace mark as per the MCI Regulations which is followed by the Pondicherry University even for the November, 2003 examination, he can be declared pass in the subject of paediatrics also and thereby he is completing the MBBS Degree. Even though the petitioner has satisfied MCI Regulations prescribed norms for declaring pass in the subject, is declared fail in the said two subjects of Paediatrics and O and G. The said action of respondents 1 and 2 i. e. , Pondicherry university is contrary to the MCI Regulations.

(3.) ON behalf of Pondicherry University, its Registrar has filed a separate but identical counter affidavit. Here again, we shall consider the stand of the University as stated in W. P. No. 557/2004. The petitioner was declared failed in two subjects, namely, obstetrics and Gynaecology and Paediatrics and declared pass in the other two subjects, namely, General Medicine and General surgery. The Pondicherry University Regulations and Syllabus for Bachelor of medicine and Bachelor of Surgery which came into effect from July, 1997 onwards prescribes the standard of pass namely, Part II subjects, a candidate should secure at least 40% marks in University Theory Examinations and 50% marks in University Clinical examinations. But he must secure 50% marks in theory (Theory + Theory internal Assessment + Oral and Practical (Practical/clinical + Practical Internal Assessment) separately. As per m. C. I. , in each of the subjects a candidate must obtain 50 per cent in aggregate with a minimum of 50% in theory including orals and minimum of 50% in practicals/clinicals. By applying the standard fixed by the Pondicherry university, the petitioner in W. P. No. 557/2004 was declared fail by the university in the examinations conducted during November, 2003 in the two subjects namely Obstetrics and Gynaecology and Paediatrics. But as per the standard fixed by the MCI the petitioner in W. P. No. 557 of 2004 has passed in obstetrics Gynaecology but failed in Paediatrics and he claims grace marks to be awarded in Paediatrics. There is no prohibition under the to prescribe higher standards. Though the University largely and substantially follow the MCI Regulations, it has however put higher condition than MCI with respect of pass determination in order to maintain standards. Similar averments have been made in the other two writ petitions also.