KUMAR AMAN SON OF SHRI UMESH CHANDRA SHARMA Vs. VICE-CHANCELLOR, BABA BHIM RAO AMBEDKAR UNIVERSITY, MUZAFFARPUR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the counsel for the B.R.A. Bihar University, Muzaffarpur (hereinafter referred to as the University), who has filed counter affidavit, which is taken on record. Counsel for the petitioner has filed rejoinder, which is also taken on record.

(2.) PETITIONER appeared in the Final MBBS Part -II Examination, 2007(S) held in the month of January, 2008 and in the said examination, he failed in two subjects, as is evident from his marks sheet, Annexure -1, namely, Surgery, Obstetric and Gynaecology. Later, he appeared in MBBS Part -ll 2008(S) Examination held in the month of February, 2009 for clearing the Surgery, Obstetric and Gynaecology papers. In the subsequent examination, he again failed in the Obstetric and Gynaecology subject, as he secured only 28 marks in Clinical, pass marks whereof is 30. He has filed this writ application for a direction to the respondent -University to consider his case for grant of two grace marks as is allowed to a candidate, who has failed in only one subject by five marks or lesser marks. Counsel for the University is opposing such request with reference to Clause 10 of the Medical Council of India Regulations, 1997 (hereinafter referred to as the Regulations) as amended in the year 2002, Clause 10 whereof is quoted hereinbelow: -

(3.) ACCORDINGLY , it is directed that the Examination Controller of the University should consider the case of the petitioner for grant of two grace marks so as to enable him to pass Clinical Internal Assessment of Obstetrics and Gynaecology. Necessary consideration in this regard be made by the Examination Controller of the University, as early as possible, in any case within one month from today and if he is not inclined to grant the required two grace marks to the petitioner then within the same time, he is directed to pass a reasoned order. In case the petitioner is allowed the benefit of two grace marks, he should be allowed to join Internship forthwith.