IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.17024 OF 2009 Between: Dr.K.Thamaraveni, Kurnool. ......petitioner AND Dr.N.T.R.University of Health Sciences, Vijayawada. ......Respondent Counsel for the petitioner: O.Manoher Reddy Counsel for the Respondent: The Court made the following:- ORDER: This Writ Petition filed by a student, who has undergone Post Graduate course in Obstetrics and Gynecology as in-service candidate in the year 2007 from Kakatiya Medical College, Warangal District, seeking declaration that the action of the respondent, in not treating the percentage of marks i.e., 49.75% scored by her in the said examination as 50% and declaring the petitioner to have failed in the theory examination, as illegal, arbitrary and contrary to Regulation-14 of the Post Graduate Medical Education Regulations, 2000, framed by the Medical Council of India. According to the petitioner, she secured the aggregate marks of 49.75% in the examinations conducted in the above-said course. The required pass marks in the examinations are notified under Clause 14 of the Post Graduate Medical Education Regulations, 2000 (for short ‘the Regulations’), and the same reads as under: “EXAMINATIONS The examinations shall be organized on the basis of grading or marking system to evaluate and certify candidates level of knowledge, skill and competence at the end of the training and obtaining a minimum of 50% marks in theory as well as practical separately shall be mandatory for passing the whole examination. The examination for M.S., M.D, M.Ch shall be held at the end of 3 academic years (six academic terms) and for diploma at the end of 2 academic years (four academic terms)”. From a perusal of the above-said Regulation, it is clear that unless a candidate scores minimum 50% marks in theory as well as practical separately, he/she shall not be treated as passed in the said examination. Therefore, as per the Regulations itself, it is mandatory that a candidate should score minimum 50% of marks separately in theory and practical. Though it is submitted by the learned Counsel for the petitioner that 49.75% aggregate marks secured by the petitioner are to be treated as 50%, but there is no basis for such a claim. When the Regulation says that minimum 50% marks separately in theory and practical is mandatory for the purpose of securing the pass marks, 49.75% aggregate marks secured by the petitioner cannot be considered as 50%. It is well settled that it is for the academic bodies having expertise to prescribe the minimum qualifying marks. Merely because there is no provision as to how to treat 0.75% by itself is not a ground to entertain this Writ Petition for grant of direction as prayed for. For the aforesaid reasons, I do not find any merit in this Writ Petition and the same is, accordingly, dismissed at the stage of admission. No order as to costs. __________________ (R.Subhash Reddy, J) 18th August, 2009. Ivd/lur