RAJORSHI DE Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) The writ petitioner is a student of MBBS Course in the R. G. Kar Medical College, Calcutta affiliated under the University of Calcutta.

(2.) In July, 1997, he sat in the first MBBS examination. There are three subjects in the first MBBS examination i.e. Anatomy, Physiology, Bio-chemistry. There are three types of tests in holding examination, i.e. theory and oral, practical, internal assessment. Pass marks in respect of each subject is to be considered by adding up all the marks obtained by the candidate separately. Out of the three subjects the writ petitioner passed in physiology but he failed in internal assessment in two subjects i.e. Anatomy, and Bio-chemistry. Each examination is to be followed by a supplementary examination, which gives a chance to failed candidates to cover up their marks to go for the further MBBS courses.

(3.) The contention of the writ petitioner is that although he got chance of sitting in the external examination in July, 1997 in respect of Anatomy and Bio-chemistry as well as in supplementary examination but did not get opportunity to sit for internal assessment in supplementary examination. Self-same marking of the internal assessment of the main examination, where he failed, were added with the result of the supplementary examination. Thus the petitioner/candidate again shown as failed candidate.