SIVANI SARKAR Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) This application is at the instance of the two petitioners who appeared at the M. D. Examination in Anaesthesiology held in July, 1981 by the University of Calcutta, challenging the results that have been published by the University declaring them as unsuccessful on the ground, inter alia, that the answer-scripts submitted by them in respect of the theoretical papers have not been properly assessed and marks have not been properly awarded but also on the ground that excess favour was shown by the examiners in the matter of awarding marks in practical and oral examinations.

(2.) These two petitioners after passing M.B.B.S. examination of the Calcutta University carried on studies in Anaesthesiology and petitioner No.1 obtained a Diploma in Anaesthesiology in 1970 from the Royal College of Surgeons of England besides obtaining a Diploma in Public Health from the University of Wales, England in 1971. The petitioner No.2 also obtained a certificate in Anaesthesia in 1979 from the University of Calcutta. After obtaining the aforesaid Diplomas in Anaesthesia by both the petitioners they were employed and they appeared at the M. D. Examination in Anaesthesiology held by the University of Calcutta in July, 1981. In the M. D. Examination in Anaesthesiology the marks in total were 800. They are divided in two categories - theoretical and practical, plus viva voce. For the theoretical papers numbering 4, 400 marks were allotted and for practical and viva voce, 400 marks were also allotted. The pass marks in theoretical papers as regards 2nd to 4th papers are 40 in each paper while the pass marks in 1st paper is 50. But a candidate in order to get himself passed has to secure in total in 3 papers, i.e., 2nd to 4th papers, 150 marks and in practical out of 200 marks pass marks is 100 which is divided into long-case and short-case. In the long-case the total mark is 100 and for the short-case, it is 100. Viva voce is divided into two parts - instruments carrying a total mark of 100 and charts and medical carrying 100 marks. It has been stated that in the said M. D. Examination there are two internal examiners viz., Prof. Amal Kumar Bose and Prof. Dinomoni Banerjee and there are two external examiners, viz., Dr. Dabe, Professor of Ourangabad Medical College and Dr. Martin Issac, Professor of Kasturbai Gandhi Medical College, Karnataka. It has been stated further that one of the candidates, viz., Subhas Chandra Patra was in the good book of Dr. Amal Kumar Bose, Professor and Head of Department of Medicine, Department of Anaesthesiology, because Dr. Patra used to supply cases to Dr. Bose. It has also been stated that the venue of the practical and oral Examinations which was originally fixed in S.S.K.M. Hospital was suddenly changed to the Calcutta Medical College and Hospital without prior notice or information. It has also been stated that in the oral and practical Examinations extra favours or advantages were given to Dr. Subhas Chandra Patra, Dr. Bhabesh Banerjee and Dr. Radheshyam Paria, who were the favourite candidates of Dr. Amal Kumar Bose and Dr. Swaraj Banerjee and that some outsiders were also present in the place of examination and they were helping those candidates. It has been stated that extra favour was shown to those candidates and the answer-scripts submitted by these two petitioners were not properly examined and assessed by the examiners. Apprehending this the petitioners made written representations to the Vice-Chancellor of the Calcutta University but without any effect. Thereafter the results were published. Copies of the mark-sheets have been annexed as Annexures E and F to the petition. It has been submitted that the answer-scripts submitted by these two petitioners have not been properly assessed and proper marks have not been awarded and the petitioners could not succeed in the said M. D. Examination. On these statements and allegations the instant writ application has been made before this Court on 11.12.81, whereupon this Court directed the petitioners to serve copies of the application on the respondents. An interim order was made directing the respondents to preserve the records in connection with this M. D. Examination until further orders of this Court. Respondents were also directed to produce those records at the time of hearing of this matter.

(3.) An affidavit-in-opposition has been filed on behalf of the respondent No. 8, Dr. Amal Kumar Bose. In paragraph 7 it has been stated that he was appointed as the Head of the Department of Anaesthesiology and joined the post on 28.8.74. It has been further stated that FFARSS (Eng) is neither a degree nor it is conferred by the London University. He passed DARCP & S (Eng) Examination in two parts. FFARSC (Eng) was introduced in 1954. The Royal College of Surgeons decided that all those candidates who passed DARCP & S (Eng) in two arts would be selected as FFARSS (Eng) automatically. Therefore, he was selected as Fellow from 8.4.54. The Diploma obtained by him as FFARCS (Eng) was a recognized qualification at the time of his appointment as a Professor. The said Diploma was recognized by the Indian Medical Council even at the time when he became a Professor before 1975. It has been stated in paragraph 10 that he did not make use of his post in any manner or exerted his influence in any way upon any co-examiners or upon any person to get success of Dr. Subhas Patra or any candidate as alleged. It has also been stated that the venue for the practical/viva voce examinations were fixed at the Medical College, Calcutta from the very beginning and it was never shifted to any other place with or without notice as alleged. It has been further stated in paragraph 14 that he had not examined the thesis paper of Dr. B. C. Patra and he denied that Dr. Patra had got any favoritism or advantage from him as alleged or at all.