S.P. PRITIVIRAAJ Vs. REGISTRAR AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to grant three grace marks, one grace mark in Opthalmology paper and two grace marks in Community Medicine (Written-I) and subsequently declare the petitioner as "pass" in the third year Part-I of MBBS Course to enable the petitioner to appear for third year Part-2 papers to be held in February 2018.

(2.) It is the case of the petitioner that the petitioner was enrolled in MBBS Course in the third respondent-College during the Academic Year 2012- 2013, which is affiliated to the first and second respondents/University. He appeared in the III Year Part-1 exams of the MBBS Course in August 2017. The registration number assigned by the respondent-University to the petitioner in the said Exam is 521224091, and the results of which was declared on 10.10.2017, as per which, he obtained 24 marks in Opthalmology written including viva paper (subject Code: 525071) and failed by one mark and in Community Medicine written including viva paper (subject code: 525073 and 525074) and he obtained 63 marks and failed by two marks. The total average of the petitioner's mark for third year part-1 course is 55.75%. Though he passed the semester by obtaining more than 50% marks, the petitioner failed to obtain the minimum marks in the written examination in two subjects, namely Opthalmology and Community Medicine and therefore, was declared "fail". As far as the other subject and practicals/clinics are concerned, the petitioner has obtained more than the minimum marks.

(3.) It is further stated by the petitioner that as per the decision of the respondent-University, vide 45th meeting of the Standing Academic Board, dated 15.11.2012, a maximum of five marks could be awarded as moderation to the failed candidates that can be distributed among all the failed papers either in theory or practical, wherever required for medical and dental U.G. courses. It is further submitted by the petitioner that these decisions are still in force and not over-ruled by any subsequent decisions of the Board. Hence, according to the petitioner, he is entitled to obtain 1 grace mark in Opthalmology paper (written) and 2 grace marks in Community Medicine (written paper) in order to declare the petitioner as "pass" in his third year part-1 exams and subsequently entitle the petitioner to appear in the next exams that are forthcoming in February 2018.