THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.14699 of 2010 ORDER: The petitioner is a Scheduled Caste, belonging to ‘Lambada’ Tribe. He is a student of M.D. Microbiology course. The petitioner secured 342 marks out of 700 marks in the subject of Microbiology. Pass marks for the same are 50% i.e., 350 marks as per the Medical Council of India regulation. It has been prayed that the petitioner being a Tribal and therefore, 8 grace marks ought to have been given to him in terms of Constitutional Protection to SC/ST candidates under Articles 15 (4), 16 (4), 46 and 335 of the Constitution of India. The petitioner has filed a representation on 22-01-2010 before the Vice Chancellor, the Registrar and others of the University, but no decision has been taken on the representation filed by him. The petitioner has also sent a legal notice through his Advocate vide Annexure Ex.P-3 which was replied vide Annexure Ex.P-5 dated 08-03-2010, wherein the petitioner was informed that no relaxation can be given as per Articles 15 (4) and 16 (4) of the Constitution of India. In view of the stand of the respondent-University under Ex.P-5, dated 08-03-2010 that no grace marks can be given to the petitioner in terms of the regulation of the Medical Council of India and the University, the writ petition is liable to be dismissed. However the learned counsel for the petitioner submitted that he has filed an application for revaluation of his mark sheet in the subject of Microbiology and his application for revaluation has not been considered. Learned counsel for the respondent submits that the petitioner may file a petition before the grievances committee of the University, which shall consider the same, in accordance with law, expeditiously. Accordingly, the writ petition is disposed of keeping open to the petitioner to approach the grievance committee of the University. There shall be no order as to costs. _________________________________ JUSTICE ASHUTOSH MOHUNTA April 26, 2011 Pn THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.14699 of 2010 April 26, 2011 .Pn