S PRAGADEESHWER Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) BY consent, all the writ petitions are taken up for final disposal.

(2.) CORE issue involved in these writ petitions is one and the same and hence, all the writ petitions are disposed of by this common order. W.P.Nos.6521 and 6522 of 2015

(3.) THE respective learned counsel appearing for the petitioners, after receiving the copies of the report and annexures, submitted that admittedly the students have no role to play in the mistake/lapse committed by the institution and therefore, they cannot be penalized. Attention of this Court was also drawn to the report of the Committee, who had examined all the examiners and they were unanimous and categorical in their view that the students who have undergone examinations were evaluated for 80 marks and the marks were not recalculated for the maximum of 100 marks when they were uploaded. It is the further submission of the respective learned counsel appearing for the petitioners that the former Principal of the institution, in his reply dated 30.03.2015, has also indicated that the examinations were conducted in a fair manner and the Professor and Head of Department of Obstetrics and Gynaecology, namely Dr.K.M.G.Premaleela, in her letter dated 3.01.2015, addressed to the Controller of Examinations, Pondicherry University, has also stated that marks were awarded on the basis of maximum marks of 80 (Obstetrics 40 marks + Gynaecology 40 marks), instead of maximum marks of 100 and the marks awarded to the students on the basis of maximum marks of 80 were uploaded daily in the Pondicherry University Website and the marks were not converted on the basis of maximum marks of 100. In sum and substance, it is the submission of the respective learned counsel appearing for the petitioners that for the mistake committed by the institution, more particularly by the Professors and Head of the Department of Obstetrics and Gynaecology of the institution, the petitioners cannot be penalized and recalculation to be done and the marks have to be uploaded on the basis of maximum marks of 100 and in that event, all the petitioners would pass the examination and even if some of them had failed in one subject, they can be declared to be pass by awarding grace marks in terms of amended regulations and hence, prays for appropriate orders.