R MOHANDASS Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) The petitioner herein is a student of 6th respondent Medical College who joined the MBBS course during the academic year 2014. He took his first year examination in June 2015. He wrote all the six papers of the three subjects namely Anatomy, Physiology and Bio chemistry but passed none. In his first three attempts ( May-2015, Nov-2015 and June-2016) he could not clear the arrears. Subsequently, on his fourth attempt in the exam held in November 2016, he cleared Anatomy exam alone and failed in other two subjects. The petitioner was not able to pass these two subjects even in his fifth attempt in June 2017. Since, the petitioner has exhausted the chances to clear the arrears, he was not permitted to take up the exams any further. This was challenged by the petitioner in a writ petition in W.P.No.30476 of 2017.

(2.) In the said writ petition, this court passed an interim order on 24/11/2017 directing the respondent university to permit the petitioner to write the examination. The University was further directed to value the answer sheets. However, the results not to be published until further orders from the court. Accordingly, the petitioner wrote his Physiology and Biochemistry exams as his fifth attempt during November 2017. He was able to clear Biochemistry paper but again failed in Physiology subject.

(3.) The contention of the petitioner is that, the University policy of restricting the improvement of internal assessment for the first time seekers alone is contrary to Medical Council of India Regulation and the Judgment of a Division Bench of this Court in S.Srisakthish -vs- The Medical Council of India (W.A.No.869 of 2018 dated 28/04/2018). Earlier during his first attempt in May 2015 he was awarded 21 marks in the internal assessment for physiology paper. It was revised to 26 marks during his second attempt in November 2015. In his sixth attempt during November 2017 he has secured 31 marks in the internal assessment. If this revised internal assessment mark of 31 is added to his theory and viva marks secured during the Nov 2017 he will cross 110 marks and will be declared pass. Since, the university has awarded only 26 marks for internal assessment which he secured during his second attempt, he made a representation dated 22/11/2018 to the University to add the internal assessment what he secured during his sixth attempt. The Division Bench of this Court in Srisakthish case (cited supra) has observed that, if there was no restriction on number of attempts to take up improvement of internal assessment while the student joined the course, the subsequent restriction on the number of improvement as one, will not apply to the students who joined the course prior to the change in the regulation. This dicta of the Division Bench of this Court applies to the petitioner herein also. However, the University did not consider the representation dated 22.11.2018 of the petitioner herein to add the improvised internal assessment mark secured by the petitioner during his November 2017 examination in Physiology. Hence, he filed a writ petition in W.P.No.32225 of 2018 for Writ of Mandamus to direct the University to consider his representation dated 22/11/2018. In the said writ petition, the High Court vide order dated 07/12/2018 directed the 5th respondent to consider the representation and pass order.