SEWA RAM SINGAL Vs. THE PUNJABI UNIVERSITY, ETC.

JUDGEMENT

(1.) THE Petitioner appeared in the Final Professional Examination for the Degree of Bachelor of Medicine and Bachelor of Surgery (M.B.B.S) held in December, 1970. The subjects prescribed for that examination are - -

(2.) THE case of the Petitioner is that he failed in the written and oral paper of the subject of Medicine by 3 marks, but he is entitled to 16 grace marks and if 3 marks are given to him, he passes in that paper. In the paper consisting of Clinical examination, Internal assessment and Practical, he has obtained 89 marks whereas he was required to obtain 100 marks for passing the Examination. He, therefore, requires 11 grace marks which can be easily granted to him out of the grace marks to which he is entitled. Thus he needs only 14 grace marks in the written and oral and Clinical examination, Internal assessment and Practical. This interpretation of the rules is not accepted by the University, on whose behalf it is stated that the Petitioner requires 3 more marks to pass in the written and oral examination and if more marks to pass the Clinical examination and Internal assessment combined. Since he is entitled to only 16 grace marks in all and he needs 19, he could not be declared to have passed the examination. In my opinion, the interpretation of the University is correct. Rule 27(A) is quite clear that the requirement to obtain 50 per cent of the aggregate marks is with respect to each subject of the Final Examination while the minimum of the 50 per cent marks assigned to the Clinical examination including Internal assessment are to be obtained in order to pass in that part of the subject. Similarly 50 per cent of the aggregate marks assigned to the written and oral examination put together have to be obtained in each subject. Since the Petitioner could not pass the examination even if the entire number of grace marks (16) were to be given to him, the result declared by the University is correct.

(3.) THE learned Counsel lastly submitted that the marks obtained in Practical should be considered along with the marks of Clinical examination and Internal assessment as they form part of one paper consisting of 200 marks and so considered he has obtained 89 marks out of 200 and needs only 11 more marks which are within the permissible limit of the grace marks after allowing him 3 grace marks for passing in the written and oral examination. I regret my inability to agree to this argument as well. Rule 27(A) does not make mention of Practical examination. It only talks of the minimum marks of 50 per cent to be obtained in the Clinical examination and Internal assessment. For this reason, the marks obtained in the Practical examination cannot be taken into consideration while determining the result with regard to Clinical examination and Internal assessment. The University has filed the result statement of the Petitioner with regard to the Final Professional M.B.B.S. Examination held in December, 1970, wherein the minimum marks to be obtained in the written and oral examination are stated to be 100 out of the total marks of 200 and 80 marks to be obtained out of 160 by combining Clinical examination and Internal assessment, while no minimum marks to be obtained are mentioned under Practical. The requirement is that a candidate, in order to pass in the first subject of Medicine, must obtain 100 marks out of 200 in the written and oral examination, 80 marks out of 160 in the Clinical examination and Internal assessment put together and in both the parts of the examination in this subject, he must obtain 200 out of 400 marks. The Petitioner cannot, therefore, take advantage of the marks obtained in the Practical examination for declaring the successful in the part consisting of Clinical examination, Internal assessment and Practical.