IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 25749 of 2008(M) -------------------------- PETITIONER: ------------ PARVATY.R.L, GOWTHAM, PANDIT COLONY, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.P.A.AHAMMED RESPONDENTS: ------------- 1. MAHATHMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 2. EXAMINTION PASS BOARD FOR MBBS, MAHATHMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS.P.O, KOTTAYAM. BY ADV. SRI. T.A. SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 25749 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th August, 2008. J U D G M E N T The petitioner appeared for the third professional MBBS examination. Although she passed in other subjects, she was short by two marks for a pass in the subject 'paediatrics'. The petitioner submits that in view of Ext. P3 University order, the petitioner is entitled to a maximum of 5 marks as grace marks for the purpose of passing the examination. The petitioner's grievance is that the petitioner has not been given the grace marks which, if given, the petitioner would pass the examination. 2. The petitioner had earlier approached this Court by filing W.P(C) No. 17413/2008 in which, by Ext. P2 judgment, I directed the University to consider the matter and pass appropriate orders. Now, Ext. P4 order has been passed rejecting the petitioner's representation for grace marks on the ground that the Pass Board has decided that grace marks can be given only to those students who have scored 60% or above marks in the aggregate for the passed subjects. Ext. P4 is under challenge before me. The petitioner's contention is that going by Ext. P3 University order, there is no stipulation that for getting grace marks, a student should secure aggregate of 60% marks for the passed subjects. According to the petitioner, what is prescribed is that the candidate should pass in all other subjects except the particular subject for which grace mark is sought. The petitioner therefore submits that the petitioner is entitled to get grace marks for the subject 'paediatrics'. 3. I have considered the contentions of the petitioner in detail. 4. The relevant clause in Ext. P3 is clause 5, which reads thus: “5. A grace mark upto a maximum of 5 marks on total may be awarded for each of the 4 examinations (Ist MBBS, 2nd MBBS, 3rd MBBS Part I of 3rd MBBS Part II) at the discretion of the University Pass Board. The grace mark may be given for W.P.C. No. 25749/2008. -: 2 :- either theory or practical or both to a student who has failed only in one subjects but has passed in all other subjects in that examination. The grace mark may be given for University and for internal assessment marks. So a candidate have less than 3 marks below the required 50% for the internal assessment examination may be allowed to appear for the University examinations and become eligible to be considered for grace marks in that subject according to provision detailed above.” (Emphasis supplied) The word 'discretion' found therein would go to show that the petitioner does not have absolute right to get the grace marks. Clearly, grant of grace marks is at the discretion of the University Pass Board. The University Pass Board has decided that grace marks under Ext. P3 should be given only to those students who had secured aggregate of 60% in all the other subjects. The question is as to whether the same is arbitrary or not. I must bear in mind that the students who passes MBBS examination are expected to treat the public who approach them for treatment of diseases. Therefore, such persons are dealing with the lives of unsuspecting public. Therefore, it is the responsibility of the University to see that the students who pass out from Medical Colleges are really competent to undertake the task of treating the public. If that is the criteria, then I am of opinion that the very stipulation of granting grace marks itself is against public interest. According to me, at least for MBBS students, permitting students to pass the examination by availing the benefit of grace marks should be dispensed with. They should be required to pass the MBBS examination in the hard way to ensure that only really deserving students pass out as doctors to treat the public. I note that, recently, there was a scandal in the very same University whereby the students who did not secure pass marks had been given pass marks in the name of revaluation undeservedly. Therefore, I am of opinion that even such discretionary powers of granting grace W.P.C. No. 25749/2008. -: 3 :- marks should not be conferred on the officers of the University in the matter of passing MBBS examination. In any event, the University has decided to give grace marks as per Ext. P3 only to those students who secure minimum aggregate of 60% marks in the passed subjects, when the percentage of marks required for pass is 50%. Therefore, fixation of 60% aggregate for the passed subject for becoming eligible for grace marks cannot be stated to be arbitrary by any stretch of imagination. That being so, I do not find any infirmity whatsoever in Ext. P4 order. Therefore, the challenge against Ext. P4 fails and accordingly, the writ petition is dismissed. S. Siri Jagan, Judge. Tds/