BHARAT Vs. VICE CHANCELLOR UNIVERSITY OF BOMBAY

JUDGEMENT

(1.) The petitioner appeared for M.D. (Obst. and Gynaec) Examination of the Bombay University in June 1987. The result of this examination was declared in Sept. 1987. The petitioner was declared unsuccessful.

(2.) As per rules framed for assessment of theory papers, practicals and orals (inter alia) at the M.D. Examination by the University of Bombay a points system has been laid down.Under the points system -

(3.) Under the Rules, for the purpose of passing (A) Theory papers as a whole constitute one head. Each paper constitutes a sub-head; (B) Practicals form an independent head of passing. The Long Cases/experiments will form a sub-head, while Short case experiments will constitute another sub-head; and (C) Orals constitute a separate head of passing. In order to pass the examination the candidate must obtain in each of the heads or passing an average of minimum'3' points in the points scale. However, in order to pass in each head, the candidate is also required to obtain an average of minimum'2' points in each of the recognised sub-heads. In other words, for passing in theory, in each theory paper the candidate must obtain a minimum of'2' points while his average of all theory papers taken together should be a minimum of'3' points. The Rules further provide, "since a minimum eligibility grade is prescribed for each subhead and since every candidate is required to pass each head independently, no condonation or gracing or moderation shall be done at the level of sub-heads. However, for the purpose of computing an average of minimum 3 points at the level of each major head of passing : viz. (A) Theory (B) Practicals (C) Orals, points secured by the candidates from 2.5 to 2.9 in the prescribed points scale on the basis of the first decimal point shall be deemed as 3 points in the prescribed points scale. (italics mine herein underlined). The average grade obtained by the candidates in each of the sub-head shall be worked out to the first decimal place. ......"