IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5562 of 2009 Kumar Aman, son of Shri Umesh Chandra Sharma, resident of Radheyshyam Barolia Colony, Patna Gaddi Road, P.S. and P.O. Jainagar, District Madhubani, Pin-847226 Versus 1. Vice Chancellor, Baba Bhim Rao Ambedkar University, Muzaffarpur 2. Registrar, Baba Bhim Rao Ambedkar University, Muzaffarpur 3. Controller of Examinations, Baba Bhim Rao Ambedkar University, Muzaffarpur 4. The Principal, Sri Krishna Medical College & Hospital, Muzaffarpur ----------- 03/ 05.08.2009 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 II 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 Gynecology 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. 3. Counsel for the University is opposing such request with - 2 - reference to Clause 10 of the Medical Council of India Regulations 1997 (hereinafter referred to as the Regulation) as amended in the year 2002, Clause 10 whereof is quoted hereinbelow: “The grace marks up to a maximum of five marks may be awarded at the discretion of the University to a student who has failed only in one subject but has passed in all other subjects.” It is evident from Clause 10 of the Regulation itself that grace marks up to five may be awarded at the discretion of the University to a student, who has failed in only one subject, but has passed in all other subjects. From the result, Annexurers-1 and 2, it is evident that petitioner has failed only in one subject, namely, Obstetric and Gynaecology. 4. 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. 5. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)