IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29760 of 2008(P)
1. JUSTEENA JOSEPH,
... Petitioner
2. LIYA MARY.A,
3. ABID S,
4. DONNIE PAUL,
Vs
1. THE M.G. UNIVERSITY,
... Respondent
2. THE CONTROLLER OF EXAMINATIONS,
3. THE DEAN, M.O.S.C. MEDICAL COLLEGE,
For Petitioner :SRI.KURIAN GEORGE KANNANTHANAM (SR.)
For Respondent :SRI.ALEXANDER THOMAS, SC, MCI
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/07/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C). NO. 29760 OF 2008
and
W.P.(C). NO. 4057 OF 2010
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Dated this the 1st day of July, 2010
JUDGMENT
The question which arises for consideration in these Writ
Petitions is whether a candidate appearing for MBBS examination
should secure the required 35% marks in internal assessments in all
the subjects to enable him to appear for the examinations; or
whether he can appear for the examinations in the subjects in which
he has secured the required minimum 35% marks in the internal
assessments.
2. The petitioners in W.P.(C) No.29760 of 2008 are MBBS
students in Malankara Orthodox Syrian Church Medical College,
Kolenchery. In the First Year Examination, they secured the
required minimum 35% marks in internal assessment in some out of
the three subjects but not in all. Applications were forwarded by the
Principal for registering the students for first year MBBS examination.
The University returned the applications of the petitioners on the
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ground that they did not secure 35% marks in internal assessment in
all the three papers and on the ground that they applied for
registration for the first time for the first year MBBS examination.
3. The petitioner in W.P.(C) No.4057 of 2010 had passed the
first year MBBS examination. He applied for the second professional
examination, but his application was not forwarded by the Principal
to the University for registration on the ground that the petitioner did
not secure 35% marks in internal assessment in all the papers.
According to the petitioner, he has secured 35% marks in internal
assessment in Pathology and Forensic Medicine, but he did not get
the required 35% minimum marks in Pharmacology and
Microbiology. According to the petitioner, he is entitled to appear for
the examinations in the subjects for which he secured 35%
minimum marks in the internal assessment.
4. Interim orders were passed in the Writ Petitions enabling
the petitioners to appear for the examinations. In W.P.(C) No.29760
of 2008, results were directed to be published while in W.P.(C)
No.4057 of 2010, in the interim order it was provided that the
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appearance of the petitioner for the examination will be at the risk of
the petitioner and the results would be withheld.
5. The relevant regulation under the “Regulations Scheme
and Syllabus for MBBS” issued by the Mahatma Gandhi University
reads as follows:
“The student must secure at least 35% marks of
the total marks fixed for internal assessment in a
particular subject in order to be eligible to appear in final
university examination of that subject.”
It is stated that the Regulation issued by the MCI is also similarly
worded.
6. According to the petitioners, the Regulation is clear and
unambiguous. A candidate who secures the required minimum 35%
marks in the internal assessment would entitled to appear in the final
university examination for that particular subject. No other
interpretation is possible in respect of the Regulation quoted above.
The stand taken by the Medical Council of India, according to the
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counsel, is that it is not necessary that a candidate appearing for the
examination should secure 35% marks in the internal assessment in
all the subjects, to enable him to appear for any of the examinations.
According to the M.G.University, the candidate must secure 35%
marks in the internal assessment in all the subjects and unless and
until he gets the same, he would not be permitted to appear for the
examination in any subject. It is also submitted by the Standing
Counsel for the M.G.University that hitherto no such candidate was
allowed to appear for the examination by the University and this is for
the first time such a contention is put forward by some students. It is
also submitted that there is no precedent of having granted part
registration to MBBS examination in the University in favour of any
student on first appearance.
7. Sri.T.A.Shaji, learned Standing Counsel appearing for the
University, submitted that the Regulation is intended to achieve high
level of learning for the candidates. Therefore, it cannot be assumed
that a candidate who has not secured the minimum required marks
in one subject could be allowed to appear for the other subjects in
which he has secured the minimum required marks. According to
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the counsel, if MBBS students are permitted to appear for different
papers compartmentally for the first regular appearance, it would
tempt the students to take the course in a lighter mood, which would
lower the quality of medical education.
8. In the counter affidavit filed by MCI, it is stated thus:
“20. The contention raised by the Petitioners that
the university is taking stand that unless the student
secures 35% marks in Internal Assessment for all
subjects, he will not eligible for any of the exam at all. It
is respectfully submitted that each candidate in the
MBBS Course, as per the statutory regulations of the
Council, has to secure the minimum prescribed marks in
the internal assessment for becoming eligible to appear
in the Final University examination of that subject. It is
further submitted that as per clause 12(2)(v) of the MCI
Regulations, 1997, for becoming eligible to undertake
the university examination, the Petitioners are required
to secure minimum of 35% of marks in the Internal
Assessment. Thereafter, the result shall be computed
by undertaking the process as prescribed in Regulation
12(3) wherein for passing the examination, each
candidate must obtained 50% in aggregate with a
minimum of 50% in Theory including orals and minimum
of 50% in Practicals/Clinicals.
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21. It is respectfully submitted that passing of the
subjects in the MBBS examinations, is to be determined
in accordance with the provisions of Regulations 12(2)
and 12(3) etc. of 1997 Regulations of the MCI. The
stand taken on behalf of the University, in the most
humble submissions on behalf of MCI is not in
conformity with the statutory regulations. The
permission to the Petitioners to appear in the
Examination by the Respondent university, is required
to be computed in accordance statutory mechanism
incorporated in MCI Regulations mentioned and
explained hereinabove.
22. It is respectfully submitted that as per the
scheme prescribed by the 1997 Regulations, only two
passing heads namely Theory and Practical/Clinical
have been identified. The condition to secure minimum
of 35% marks in the internal assessment is for
determining the eligibility of a candidate to undertake
the university examination and is not separate heads for
computation of the a result in accordance with clause 12
(2) read with 12(3) of the 1997 Regulations of MCI.
23. It is respectfully submitted that where the
scheme of distribution of marks prescribed in
accordance with law, is self explanatory, any attempt to
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stretch or alter the meaning of the rules thereunder,
either by interpretation or otherwise is not permissible
and should be avoided. Consistency, in making and
processing of examination results is not only desirable,
it is the sine-qua non for the maintenance of university
of standards of assessment. Once a clear and precise
scheme has been prescribed for the same, it should not
deviate from and any attempt to do so needs to be
checked in its very inception.”
9. On a plain reading of the Regulations, there cannot be any
doubt that a candidate need not secure the minimum required marks
in internal assessment in all the subjects to enable him to appear for
even the subjects in which he had secured the required minimum
marks. The relevant Regulation contains two parts. The first part of
the Regulation insists that the student must secure 35% marks in
internal assessment in a particular subject. The second part further
provides that the same is the eligibility for a candidate to appear for
the final University examination in respect of that subject. If the
intention was that the candidate should secure the minimum marks
in all the subjects to enable him to appear for the examination even
in one subject, there was no difficulty at all to make it clear. On the
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other hand, the Regulation makes it so clear that the thrust is on the
particular subject and not the whole examination of a particular year.
There is no logic in assuming that the standard of medical education
would fall or rise depending on the basis of the marks secured in
internal assessment by a candidate by piecemeal in each subject or
in all the subjects at the same time. Had it been the intention of MCI
that a candidate should not be allowed to appear compartmentally
for the examination, there was no difficulty for making a provision for
the same. Not only that the Regulation does not prohibit a candidate
from appearing for a particular subject or different subjects, but
there is no provision in the Regulation providing that a candidate
appearing for the examination should be eligible to appear for the
examination in all the subjects. No such stipulation is made by the
MCI as well. If the MCI and the University were particular that a
candidate who did not secure the required minimum marks in internal
assessment even in one subject should not be allowed to appear for
the final examination for the first time, they should have provided so
in clear terms in the Regulations.
10. On a consideration of all the materials on record, I have
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no hesitation to hold that the petitioners were entitled to appear for
the examinations in the particular subjects in which they secured the
required minimum 35% marks in internal assessment. Therefore,
their results are liable to be declared, if they had appeared for the
examinations pursuant to the interim orders passed by this Court.
The Writ Petitions (Civil) are allowed as above.
(K.T.SANKARAN)
Judge
ahz/