M SRINIVAS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners in all these writ petitions are the students of final year MBBS course having studied in the Medical Colleges affiliated to the second respondent, N.T.R. University of Health Sciences, Vijayawada. All the petitioners appeared for the final year MBBS examination in the subjects of Medicine, Surgery, Gynaecology and Obstetrics. The petitioners in these writ petitions have sought for a writ in the nature of writ of mandamus declaring the action of the second respondent in not extending the benefit to those students who have cleare4 the practical examination but could not make.it to the aggregate as arbitrary,.illegal, unjust and violativc of Article 14 of the Constitution of India and for a consequential direction to the respondents to extend the benefit of awarding grace marks upto 10 and declare the results of those students who would pass on extension of such benefits of grace-marks.

(2.) The undisputed facts be stated first. They are : All the petitioners entered the final MBBS course during the academic year 1997-98. In the examination held itf the month of April/May, 1998, all the petitioners appeared for the examinations. Final MBBS Part 11 examination with which the Court is concerned, consists of three subjects, namely, Medicine, carrying total maiks of 400, Surgery carrying total marks of 400 and the subject Gynaecology and Obstetrics carrying total marks of 300. Out of 400 total marks in the subjects of Medicine and Surgery, theory carries 200 marks, practical 150 marks and oral 50 marks. In the subjects of Gynaecology and Obstetrics, theory carries 200 marks, practical carries 50 and oral 50 marks. The percentage of marks one should secure in order to pass in the individual subjects of Medicine, Surgery and Gynaecology is differently prescribed for the theories and practicals. In the case of theories, the passing minimum is 40 per cent whereas in the case of practicals the passing minimum is 50 per cent. No minimum is fixed in the case of oral examination. However, in order to pass in the final year MBBS examination, a student should secure 50 per cent of the total aggregate marks. All the petitioners in these writ petitions have passed in the individual subjects in all the three forms of examinations, but they have not made up the prescribed minimum total aggregate.

(3.) After declaration of final MBBS Part II results, it appears, several representations were received from the students of various Medical Colleges in the State alleging that the examiners have committed irregularities in the evaluation of practical examinations resulting in very low pass rate particularly in Osmania Medical College, Gandhi Medical College and Deccan Medical College of Medical Sciences, Hyderabad. The students, who study in another Medical College, Visakhapatnam pointed out in their representation' tliat they have secured high marks in theory but failed in practicals. The University placed the representations before the Executive Council of the University of Health Sciences on 10-7-1998 which is the Principal Executive Body of the University. The Executive Council decided to appoint a Sub-Committee consisting of Vice-Chancellor as Chairman, and Director of Medical Education, Hyderabad and Director of Health Sciences, A.P., Hyderabad as members and Registrar of the second respondent University' as the Convenor. The said Sub-Committee after scrutinising the results and reviewing the failures, percentage of marks, case-sheets with relevant records college-wise and in comparison of theory marks obtained, recommended for addition of five marks in practicals of final MBBS, Part n subjects only for April/May, 1998 University examinations in addition to five marks of grace allowed by the Medical Council of India. The Committee approved the award of five grace marks to such of those students who failed in one subject in one practical only and the said benefit is only for the practical examination. On the basis of the recommendation of the Sub-Committee, grace marks upto 10 is universal extended to all those students who have failed only in one practical among the three practicals referred to above and they have been declared passed in the respective practical examination. Hence this writ petition by the petitioners praying for the reliefs referred to above.