ANSHU MALI RANJAN Vs. CHANCELLOR OF THE UNIVERSITIES

JUDGEMENT

(1.) ALL 13 petitioners are students of Darbhanga Medical College and Hospital, Laheriasarai, Darbhanga. This application has been filed by the petitioners for quashing letter, dated 17.7.2002, issued under the signature of Deputy Secretary, Governor Secretariat, to the extent to which it has been clarified that grace mark up to maximum five may be awarded for the written (theory) portion only of a subject and not in clinical and practical portion of one subject. Further prayer of the petitioners is for a direction to the respondents to declare the petitioners pass by awarding them minimum necessary grace marks in their respective subject up to five marks under the provision of the Graduate Medical Education (Amendment) Regulation, 2002 (hereinafter referred to as the, the Regulation 2002).

(2.) PETITIONER no. 1 appeared at the professional (M.B.B.S.) Par II final examination 2003 conducted in May, 2004, but was declared failed in one subject, i.e., medicine. He passed in all other subjects but failed by four marks in practical portion of one subject of medicine. He obtained 61 marks in practical portion of medicine whereas the pass marks is 65. Petitioners 2 to 13 appeared at the third professional (M.B.B.S.) Part I examination 2003 (1st exam.) held in the month of May, 2004. They all passed in all the subjects but failed in practical portion by one subject, i.e. E.N.T. opthalmology. Petitioners 2 to 7 secured 17 marks which is three marks less than pass marks. Petitioners 8, 9 and 10 secured 18 and 15 marks respectively, which is only 2 to 5 marks less than the marks in the practical portion of E.N.T. subject. Petitioners 11, 12 and 13 have obtained 19, 18 and 17 marks respectively in practical portion of opthalmology (eye) subject, which is only 1, 2 and 3 marks less than the pass marks. After publication of their result, petitioners submitted their representation before the Deputy Secretary, Governor Secretariat, Raj Bhawan, Patna, respondent no. 2, for awarding them minimum necessary grace marks In terms of Regulation 2002 of Medical Council of India and declare them pass. This was not considered, as such, the petitioners have filed this writ application.

(3.) PETITIONERS are aggrieved by the letter, dated 17.7.2002, whereby a clarification of the Regulation has been made which is detrimental to their interest. Petitioners case is that medical students of different Universities across the country are being given the benefit of grace marks in one subject irrespective of theory or practical portion of the subject as per the Regulation of the Medical Council of India. Medical Council of India being the highest regulatory body of the medical education has been conferred with power under Indian Medical Council Act, 1956 (102 of 1956) to make regulation for Medical Education and its regulation is binding upon all Universities, providing Medical Education. The action of the respondent authorities in making further clarification/direction beyond contents of the Regulation 2002 is wholly illegal, arbitrary, unreasonable and discriminatory in nature and in contravention of the provisions of the Regulation, as such, it should be quashed.