MBBS Student requiring One Mark to pass Course denied HC relief

Bengaluru: A final year student of MBBS short of 1 mark to qualify with the minimum pass marks, who approached the high court seeking a re-evaluation of his answer scripts in Obstetrics and Gynaecology papers 1 and 2, was turned down by the bench. Though the student had sought that the college follows a system of moderation or award him grace marks, according to Council norms, including incidental or ancillary reliefs, the court expressed its helplessness. It stated that it cannot interfere in matters pertaining to academic standards, particularly with regard to the evaluation of answer scripts.

The bench further observed that the only relief that the court could grant the student was directing the University to accept the fee for supplementary examination, which is to take place in December-2017, and that too in the event that the student complied to tendering of the fee within the stipulated period, he had directions for.

Earlier, the student’s advocate submitted that his client was a good student and had no backlogs subjects pending and that he had only failed this one time in,Theory Viva-voce in Obstetrics and Gynaecology, He further argued that the university ought to have granted him five grace marks.

However, the fact remains that the five grace marks would only total up to 119 out of 240 marks. Presently, the total is 114 marks. The grace addition would still have him falling short of 1 mark, as 120 marks out of 240(50%) are considered as passing marks on the subject. The advocate further sought relief for the petitioner stating that the student had been given a zero in certain answers attempted, which he said was impermissible. He further said that he had sought relief for the petitioner to be enrolled for housemanship and in the interim period also clear his Obstetrics and Gynaecology Paper.

The university advocate, however, reminded the petitioner's side that even if grace marks were granted, the petitioner would still fall short of 1 mark. He also noted that re-evaluation of the papers had already been done and that rules did not permit another, through either a university expert or one from the outside.

After hearing the two sides the court in its final judgement ordered: "Even if a direction is to be issued to the respondent-University to award grace marks to the petitioner in the instant case, as it has not been awarded, that would not give any redressal of petitioner's grievance as he would still be short by one mark and cannot clear the papers in the subject Obstetrics and Gynaecology. In the circumstances, the writ petition is dismissed," reports Deccan Chronicle.