S. SRISAKTHISH Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) The appellant herein filed a writ petition in W.P.No.4497 of 2018 before this Court praying for a direction to the second respondent to issue fresh mark list to him by awarding the Improved Internal Assessment Marks secured by him in Nov. 2017 in Community Medicine as per his representation dated 15.02.2018.

(2.) The case of the appellant is that he has completed 12th Standard in the year 2010 by securing 946 marks out of 1200 marks; thereafter, he joined MBBS in the third respondent's institution under Management Quota in July 2010 and completed his first year in May 2013 and wrote the second year examinations in Nov. 2014 and cleared all his second year papers in Nov. 2016. The appellant was continuing his third year classes and appeared for the third year examination for three subjects, namely Community Medicine, ENT and Opthalmology. It is the further case of the appellant that the Community Medicine subject consists of two papers, Paper-I, Paper-II Oral, Theory, Internal Assessment and Practical Internal Assessment and similarly, ENT subject consists of one paper - Theory, Oral, Practical, Theory and Practical Internal assessment and the last Ophtalmology subject consists of one paper Theory - Oral, Practical, Theory Internal Assessment and Practical Internal Assessment. He attended and failed in all these three papers in May 2016 and again in Nov. 2017, the appellant has passed Opthalmology papers and failed in other two papers. However, he secured 25 marks out of 40 in theory Improved Internal Assessment and 18 marks out of 30 in clinical Improved Internal Assessment Marks in Community Medicine. The last Improved Internal Assessment Marks in the grade sheet will be added and the results will be declared as per the marks secured by the candidate. However, when the mark list for Nov. 2017 was uploaded in the website, the Improved Internal Assessment Marks secured by the appellant in Nov. 2017 Exam in respect of theory and clinical papers of Community Medicine subject, had not been taken into consideration while calculating the total and the appellant had been declared fail in respect of the said Community Medicine paper. As per the first respondent's guidelines, there is no restriction in appearing for supplementary examination and hence the appellant approached the second respondent to bring to his knowledge about the Improved Internal Assessment Marks secured by the appellant in the supplementary examination conducted in Nov. 2017, which is not reflected in the Internal Assessment Marks awarded to the appellant, but they have taken into consideration the Internal Assessment Marks secured by the appellant in May 2017 alone and issued the mark list. Hence, the appellant has filed the writ petition for the relief stated supra.

(3.) The appellant has filed additional affidavit before the writ Court stating that the second respondent's counsel has taken up a categorical stand and furnished a communication dated 12.04.2017 stating that Improvement of Internal Assessment Marks can be considered on only one time basis and the frequent requests for improvement for the same student whenever repeating the examinations, cannot be considered. It is also stated that the second respondent has picked up and chosen the candidates as per their whims and fancies from Sl.Nos.6 to 11 of the list produced by the learned counsel for the second respondent, for award of Improved Internal Assessment Marks, and the fact remains that those candidates have made more than one attempt for their Improved Internal Assessment, which is contrary to the stand taken by the second respondent. When the very same benefit was extended to the similarly placed candidates in Sl.Nos.6 to 11 of the list, why not the appellant alone should be denied the benefit? This was the argument made before the writ Court, on behalf of the appellant.