IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6731 of 2010 JAINENDRA KUMAR S/O ANJANI KUMAR SINGH R/O VILL. & P.O.- KHANPURMAL, P.S.- BATH, DISTT.- BHAGALPUR, AT PRESENT ROOM NO. 3, CHARAK CHHATRAWAS, MAKHANIA KUAN, P.S.- PIRBAHORE, PATNA Versus 1. THE PATNA UNIVERSITY THROUGH THE REGISTRAR 2. THE VICE CHANCELLOR, PATNA UNIVERSITY, PATNA 3. THE REGISTRAR, PATNA UNIVERSITY, PATNA 4. THE EXAMINATION CONTROLLER, PATNA UNIVERSITY, PATNA ----------- 2/ 06.07.2010 Petitioner is a student of M.B.B.S. He has appeared in the examination of M.B.B.S. Phase-1 -2009, held in the month of October-November, 2009. There are three subjects in 1st year M.B.B.S. i.e. Anatomy, Physiology and Biochemistry each carrying 200 marks. Out of 200 marks, 140 marks in theory papers, 20 marks in oral and 20 marks in internal assessment and 60 marks allotted for practical (40 marks for practical and 20 marks for internal assessment. The result of M.B.B.S. Phase-1 (ii) was declared on 17.03.2010. The petitioner was declared passed in Physiology and Biochemistry but he failed in Anatomy theory as instead of 70 marks, he got 63 marks. The petitioner has filed application before the respondents for re-evaluation and re-totaling of his answer sheet of Anatomy-I and Anatomy-II and also to allow him 5 % grace marks to the total marks allotted to petitioner in that subject, as per the regulation. As per the Rules of Moderation of the results of M.B.B.S. examination, relating to 1st Year M.B.B.S. - 2 - Examinations, Rule 2(A), a candidate, who has appeared in both the subjects of examination but has failed in the aggregate of written-cum-viva-cum-practical portion of one of subject by a margin not exceeding 5% of the total marks allotted in the subject shall be given the marks by which he is short and allowed to pass. This means that the candidate is short of 5 marks in one subject, it will be allocated to him so that they can pass. Petitioner’s case is that he is short of 7 marks which is exactly the percentage, as per the regulation, if allowed to him, he will pass. Counsel appearing for Patna University has not contradicted the submissions made by the petitioner so far the provision under the regulation is concerned. But it has been submitted that since he has not examined the applicability of this regulation at present, whether they are still in vogue. The petitioner may file an application before the concerned authority for the relief prayed by him. He should file an application before the Registrar or the Examination Controller of Patna University, giving reference of the regulation, applicable in this case. The application filed by the petitioner before the respondent authorities must be considered in terms of regulation and final order be passed within four weeks from the date of filing of such application. In case, the reference of which has been given by the - 3 - petitioner is still applicable and the entitlement of the petitioner is there, as per the regulation his application must be considered in a positive way by the respondents. Petitioner may raise any other points, which is available to him, in this regard. Sanjeet/ (Mridula Mishra, J.)