SANJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ .petition on behalf of two petitioners the prayer is to award Honours in the concerned subjects by giving them grace marks.

(2.) THE petitioners were admitted to the MBBS course on the basis of the Competitive Examination in 1984. On the basis of their merit position and choice they were allotted to the Nalanda Medical College. At the First MBBS examination held in 1987 petitioner was one short of the Honours marks. Likewise petitioner no.2 secured 224 marks out of 300 in Anatomy at the First MBBS examination which was one short of the Honours marks. At the Second MBBS examination in 1989, the petitioners secured, respectively, 100 out . of 150 marks in Micro -Biology which was 2 short of the Honours marks, and 110 out of 150 in Preventive & Social Medicine (PSM) which was 2 1/2 short of the Honours marks. This writ petition was filed seeking direction upon the University to give them grace marks and award Honours in the aforementioned subjects. During the pendency of the case the petitioners appeared at the Final MBBS examination in in December 1990 at which petitioner no.1 secured 146 marks out of 200 in ENT.This was 4 short of the Honours marks. By supplementary affidavit he seeks similar direction to award Honours in the subject giving him grace marks.

(3.) THE case of the Magadh University which is the examining body in respect of the Nalanda Medical College, is that the Bihar Inter University Board on the recommendation of its Medical Regulation and Courses Committee approved a draft regulation for moderation of results of the MBBS examinations. In the said Regulation there no provision for awarding grace marks. It has been stated that the University is strictly following the said Regulations and "no candidates have been awarded Honours in any MBBS examination where the marks are short by 5 marks". Copy of the Regulation is Annexure -A to the counter affidavit.