Madras HC relief to MBBS Medico who failed Pediatrics practical exam
Chennai: In a major relief to an MBBS student, who was declared fail in Paediatric examinations despite scoring more than 50%; the Madras High Court has held that she is entitled to be declared pass in the practical examination of the subject.
The case concerns one MBBS student at Indira Gandhi Medical College and Research Institute (IGMCRI), who joined in the academic year 2012-2013. The grievance of the medico is that she has been declared fail in Paediatric examination- practical examination of Paediatric subject without being awarded grace marks, which she is entitled.
She filed the petition seeking directions to the medical college and the Controller of Examinations to award grace marks for the subject paediatrics subject (Semester-IV in part 2) in III Prof. Part II MBBS Examinations and to declare her “pass” in the said subject, within a reasonable time to be fixed.
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Via the petition, the counsel appearing for the MBBS student stated that the Honourable Supreme Court has considered this issue and declaring candidates pass as per the Medical Council of India Rules.
It was submitted that as per the Pondicherry University Regulations, the MBBS student is also entitled for 5% of grace marks if she is not able to get the required minimum pass marks in any one of the subjects. So the medico has to be declared pass, whereas, the University has unreasonably declared as fail.
On the other hand, the medical college contended before the court that the MBBS medico has misconstrued the University regulations as well as Medical Council of India. “She has scored 49 in the written examination in paediatric theory, 13 in viva and 10 in internal assessment, totally she has got 72 marks. In the practical exams she has awarded 26 in University examination and 12 in internal assessment totally 38. As per the regulations of the Pondicherry University there cannot be any grace marks for practical examination and further if the candidate is entitled for grace mark only if he/she take up all the subjects at one sitting and not on compartmental basis,” they stated.
In response, the counsel for the student submitted that even without grace marks, the medico should have declared pass since she has secured 26 in practical University examination out of 50.
After going through the submissions, the court held
While considering the candidate's mark, the internal assessment mark shall not be taken into consideration as per the Medical Council of India regulations 12(4). In this case, if the marks for internal assessment in practical examination is excluded, the candidate is bound to be declared pass. Though the request of the petitioner to award grace marks cannot be considered in view of clause 10 of the Pondicherry University Regulations, on going by the Supreme Court order and Medical Council of India regulations internal assessment marks for the practical examination not to be taken into consideration. If not taken into consideration then the total marks secured by the petitioner herein in the practical examination is more than 50% (26 out of 50). Hence, the petitioner is entitled to be declared pass in the practical examination of Paediatric subject.