IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8243 of 2008 Between: 1 Thuramalla Madhavi S/o. T. Anand Rao R/o. H. No.11-1-342 & 343 Flat No.204, Venkatadri Apartments, Mylargadda, Sithapalmandi, Secunderabad 500061. 2 Kancharla Manjeera D/o. K. Krishna Reddy R/o. H.No.2-2-1123, Sri Hostel of Girls, Tirumala Complex, Shankarmutt, New Nallakunta, Hyderabad. 3 A. Dhanumjaya Goud S/o. A. Prakash Goud R/o. Dilsukhnagar, Hyderabad. 4 AKS Hima Bindu, S/o. A.L.Narayana R/o. Vijayawada. 5 Latha Divakar D/o. Dr. J. Diwakar, H. No. Plot No.3, Road No.3, Methodist Colony, Begumpet. 6 P. Srikanth S/o. Yadaiah R/o. LIGH-II-10, B.K. Guda, Udayanagar Colony, S.R. Nagar, Hyderabad. 7 V.N. Padma Kumar S/o. V.D.Niranjan R/o. Flat No.302, Rd. No.7, St. No.4, West Maredpally, Secunderabad. 8 G. Bhargavi D/o. G. Ramachandra Prasad R/o. Nargarhavi Circle, Nargarhani, Bangalore. ..... PETITIONER(S) AND Dr. N.T.R. University of Health Sciences, Andhra Pradesh, Vijayawada. Rep. by its Registrar. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent in not awarding 5 grace marks to the petitioners as illegal, arbitrary and against the principles of natural justice and consequently direct the respondent to award 5 grace marks to the Petitioners in one subject of I & II year MPT Course in which they failed for the academic year 2006-07 and pass Counsel for the Petitioner: MR.P.GIRI KRISHNA Counsel for the Respondent No.: MR.D.V.NAGARJUNA BABU WRIT PETITION NO : 6126 of 2008 Between: 1 J. Vikram Varma, S/o. J.Rama Kraishnam Raju, R/o. 101/A, G LK Emerald Apartments, Plot No. 26, Sundaranagar, Erragadda, Hyderabad. 2 Dr. Mohammed Ibrahim, S/o. Mohammed Sarwar, R/o. D.No. 12-2-720/11, P & T Colony, Nanalnagar, Hyderabad. 3 Dr. P.Sadhana, D/o. Harji, R/o. 2-7-39, KL N Reddy Colony, Hanamkonda, Warangal District. 4 Dr. B.Vara Subrahmanyam, S/o. B.Adinarayana Chetty, Plot No. 39, Ayodhyanagar Colony, AS Rao Nagar, ECIL, Secunderabad. 5 Dr. N.Mohan Rao, S/o. Nandam Raghuramaiah, Inamadugu (P & V), Kovur Mandal, Nellore District-524 137 6 R.Venkatramudu, S/o. R.Thimmappa, PG Medical Hostel, S.V.Medical College, Tirupathi. 7 Dr. G.Ganga Bhavani, D/o. G.Krishna Rao, C/o. J.Vikram Varma, R/o. 101/A, GLK Emerald Apartments, Plot No. 26, Sundarnagar, Erragadda, Hyderabad. 8 K.Girish Reddy, S/o. K.Kista Reddy, H.No. 17-1-382/H/10, Karmanghat, Hyderabad. ..... PETITIONER(S) AND N.T.R Univeristy of Health Sciences A.P Vijayawada .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order direction or writ more particularly one in the nature of writ of Mandamus or any other appropriate writ(1) declare the action of the respondent University in not awarding the grace marks as illegal and arbitrary (2) declare the Notification No.SPL/JR/EC(Grace)07 Dt 10-9-2007 as illegal arbitrary adn (3) consequently direct the respondent University to re-declare the results of the petitioners by awarding grace marks subject to 5 and pass Counsel for the Petitioner: MR.G.VIDYASAGAR Counsel for the Respondent No.: MR.D.V.NAGARJUNA BABU WRIT PETITION NO : 196 of 2008 Between: 1 Sri C.Mallikarjun Reddy, S/o obul Reddy, R/o 2-344, Anand Nagar, T.Sundupally, Kadapa District. 2 Sri M.A.Rahman, s/o M.A.Mannan, R/o 1-8-148, T.G.Gutta, Mahabubnagar. 3 Sri M.Anjana Swamy, S/o Murahari, R/o C 22, Millenium Colony, Bheemaram, Chennur, Adilabad District. 4 Miss.Md.Reena, D/o Khasim Saheb, R/o 1-7-900/2, Balajinagar, hunter Road, Hanamkonda, Warangal District. 5 Sri Vepada Ravi Kiran, S/o V.Satyanarayana, R/o LIG 249, Autonagar, Visakhapatnam. 6 Miss.J.Sudha Rani, D/o J.V.Rao, R/o Flat No.305, Sri Saiambika Enclave, Near Old Bus Stand, Eluru, West Godavari District. ..... PETITIONER(S) AND The Registrar, Dr.N.T.R.University of Health Sciences, Andhra Pradesh, Vijayawada. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue appropriate writor order or direction more particularly one in the nature of writof mandamus declaring the action of respondent in not awarding 5 grace marks to the petitioners as illegal, arbitrary and against the principles of natural justice and consequently direct the respondent to award 5 grace marks to the petitioners in one subjectof 1st year M.Sc.(Medical Science) in which they failed for the academic year 2006-07 and pass such other order or orders as this Hon'ble Court may deem fit andproper in the circumstances of the case. Counsel for the Petitioner: MR.P.GIRI KRISHNA Counsel for the Respondent No.: MR.D.V.NAGARJUNA BABU The Court made the following : COMMON ORDER: 1. The issue involved in these three writ petitions is one and the same and therefore they are being disposed of by this common order. 2. The petitioners in all the three writ petitions are pursuing their Post Graduate Courses in medicine in various disciplines. NTR University of Health Sciences, Vijayawada-respondent issued notification No.SPL/JR-EC (Grace)/07, dated 10.9.2007 wherein it is stated that the Executive Council of the University on 17.7.2007 has resolved that students cannot claim grace marks as of right and discontinued awarding grace marks to students in order to maintain standard in education as there is no provision in MCI/DCI Regulations for awarding grace marks. For better appreciation, I may refer the text of the notification, which reads as under: Dr.NTR University of Health Sciences considering award of Grace Marks. Presently there is no policy for award of Grace Marks. However, it is observed to that there is a need to examine for award of Grace Marks in Professional Courses specially in the courses of Health Sciences to maintain standards of medical education. The Matter was placed before 172nd meeting of Executive Council held on 17.07.2007. After detailed examination the Executive Council resolved: a) Award of Grace Marks cannot be claimed as a right of student; b) To follow the guidelines of MCI/DCI., New Delhi regulations and to award the Grace Marks at the discretion of the Vice Chancellor by following a fixed pattern. c) To discontinue the award of grace marks in all P.G. Courses offered by this University in order to maintain the standards of medical education and as there is no provision in MCI/DCI Regulations. d) The same procedure may be applicable to all the paramedical courses also. After detailed examination it is hereby notified to Regularize the award of Grace Marks in pursuance to the Executive Council Resolution and will be implemented from the Academic Year 2007-2008 onwards as detailed below: i) Award of Grace Marks cannot be claimed as a right of the student. ii) In the case of U.G. Courses the grace marks will be awarded taking into account the percentage of Pass in the course as a whole as follows: iii) No Grace Marks will be awarded in all Post Graduate Degree/diploma courses offered by the University from the Academic Year 2007-2008 onwards. S.No. Percentage of Pass in an Examination Grace Marks 1. Above 75 % NIL 2. 65% - 75% One Mark 3. 55 % - 65% Two Marks 4. 50 % - 55% Three marks 5. 40 % - 50 % Four Marks 6. Less than 40 % Five Marks The Principals of all affiliated colleges are requested to arrange vide circulation among students and faculty.” The said notification is under challenge in these writ petitions. 3. It is suffice to refer the averments in the writ affidavit filed in W.P.No.6126 of 2008. The petitioners joined in three year P.G. Medical courses prior to the notification impugned in this writ petition. Awarding of grace marks in all P.G. courses offered by the University has been discontinued on the ground of there being no provision in MCI/DCI Regulations. According to the respondent-University, it has been guided in this regard by P.G. Medical Education Regulation, 2000. The Executive Council of the respondent-University in its 172nd meeting held on 17.7.2007 decided to discontinue awarding grace marks in all P.G. courses offered by the respondent-University. 4. The plea of the petitioners is that they joined the courses prior to the resolution passed by the Executive Council which has been given effect to by the notification impugned in these writ petitions and therefore the said notification should not be made applicable to them and consequently they are eligible to be declared as passed by awarding grace marks. For better understanding of the grievance of the petitioners I deem it appropriate to refer the relevant portion of the writ affidavit filed in support of W.P.NO.6126 of 2008 and it is thus: “ 8. It is submitted that the impugned Notification dated 10.9.2007 has not taken into consideration the reasons which were assigning for awarding the grace marks keeping in view that the pass in the percentage of the students in the given academic year have no relevancy, the University has itself have withdrawn the notification dated 10.9.2007 and reviewed the decision of the Award of the grace marks, in terms of the observations made by the High Court of Andhra Pradesh in W.P.No.1201/08 and batch. Therefore, the University is required to extend the benefit of grace marks as was being done prior to issuance of the Notification dated 10.9.2007 in respect of the P.G. Medical courses. Although, we made representation in that regard, the respondent University have not acceded our request. 9. It is submitted that even as per the Notification dated 10.9.2007, the said decision is applicable only to the academic year 2007-08 onwards. Whereas we have joined the course in the year 2004-05 much prior to start of the academic year 2007-08. Therefore, the said decision has no application to the petitioners herein. Further, we the petitioners herein have appeared for the final examinations prior to November/ December, 2007. However, we could not be declared as pass as we are having deficiency of more than 5 marks for securing minimum marks in Theory papers. Whereas similarly situated persons who are short by less than 5 marks for securing minimum marks, they were awarded grace marks subject to maximum of 5 and declared them as pass. We could not avail such benefit as we required more than 5 marks for passing the subject. In the fond hope that the similar benefit would be extended to us, after the declaration of the results, we approached the respondent University to award the grace marks subject to maximum of 5. However, the respondent University failed to accede to our request and extend the benefit. The said action on part of the respondent University is irrational and arbitrary.” 5. The respondent-University has filed counter affidavit. It is stated in the counter affidavit that Under Graduate Medical Courses regulations provide for grant of grace marks upto 5 and in that view of the matter, the respondent-University took a decision to award grace marks in respect of Under Graduate Medical Courses depending on the pass percentages under slab system. It is further stated that since the Honourable Court found fault with such slab system, the University withdrew the notification in respect of MBBS, BDS courses. Further, the MCI made P.G. Medical Education Regulations, 2000, which do not provide for award of grace marks. Regulation No.14 of the said regulation provide that a minimum of 50 marks in theory and as well as in practicals shall be mandatory for passing the whole examination. Therefore, the decision taken by the University not to award grace marks in respect of P.G. courses is inconformity with P.G. Medical Education Regulations, 2000. 6. Heard learned counsel appearing for the petitioners in all the three writ petitions and learned Standing Counsel appearing for the respondent-University. 7. Learned counsel appearing for the petitioners would contend that the petitioners joined in P.G. courses prior to the notification impugned in these writ petitions and therefore discontinuance of awarding grace marks cannot be made applicable to them and the notification at the most may be made applicable to the students who joined in P.G. courses from the academic year 2007-2008 onwards. 8. Learned Standing Counsel appearing for the respondent- University submits that P.G. Medical Education Regulation, 2000 framed by Medical Council of India do not provide for awarding grace marks and therefore the petitioners have no right as such to declare them as passed by awarding grace marks. 9. A Writ of Mandamus is a pre-emptory order of the Court commanding somebody to do that which he is under a clear legal duty to do. In order to obtain a writ or order in the nature of ‘mandamus’, the applicant must satisfy the following conditions: (1) The applicant must show that he has a legal right to the performance of a legal duty by the party against whom the Mandamus is sought and such right must be subsisting on the date of petition. (2) The duty that may be enjoined by Mandamus may be one imposed by the Constitution, a statute, common law or by rules or orders having the force of law. 10. The University is governed by the Regulations of Medical Council of India. P.G. Medical Education Regulations, 2000 do not provide for awarding grace marks. The Executive Council of the respondent-University after detailed examination discontinued the award of grace marks to all P.G. courses offered by the University in order to maintain standard of education. The decision with regard to discontinuance of awarding grace marks is with the object of maintaining standards in medical education and in tune with MCI/DCI Regulations. When there is no provision in the Regulations with regard to grant of grace marks, it is not the legitimate expectation of the petitioners that they would be declared as passed by allowing grace marks. There being no provision in the P.G. Medical Education Regulations, 2000 with regard to grant of grace marks, no mandamus can be issued to the respondent- University to declare the petitioners as passed by allowing grace marks to them. 11. In view of the above, this writ petition is dismissed. No costs. 9th July, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NOS.8243, 6126 AND 196 OF 2008 (COMMON ORDER) 9TH JULY 2008.