IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4064 of 2011 VIJAY KUMAR, S/O SRI RAM BALAK PANDIT, R/O VILLAGE-BIRPUR, P.S.-BIRPUR, DISTRICT- BEGUSARAI, PRESENTLY RESIDING AT HOSTEL NO.2, JAWAHAR LAL NEHRU MEDICAL COLLEGE AND HOSPITAL, BHAGALPUR. ………………PETITIONER. Versus 1. THE VICE CHANCELLOR, TILKA MANJHI BHAGALPUR UNIVERSITY, BHAGALPUR. 2. THE REGISTRAR, TILKA MANJHI BHAGALPUR UNIVERSITY, BHAGALPUR. 3. THE CONTROLLER OF EXAMINATION, TILKA MANJHI BHAGALPUR UNIVERSITY, BHAGALPUR. 4. THE DEAN, STUDENT WELFARE, TILKA MANJHI BHAGALPUR UNIVERSITY, BHAGALPUR. 5. THE PRINICIPAL, JAWAHAR LAL NEHRU MEDICAL COLLEGE AND HOSPITAL, BHAALPUR. ………………RESPONDENTS. ----------- 2 14.03.2011 Petitioner has filed this writ application for a direction to the University authorities to grant him four grace marks in Pathology paper of M.B.B.S. IInd Professional, Part-II Examination, 2010 held in November 2010, in which, against required 55 marks he has got 51 marks. Learned counsel for the petitioner submits that under the Medical Council of India regulations, it is provided that if a student fails in one subject by less than 5 marks, grace marks should be given by the University. Learned counsel also points out that in similar circumstances a Bench of this Court while disposing of the writ application of one of the students has directed the student to file a representation before the University authorities relying upon the said 2 regulations of the Medical Council of India and has directed the University to consider the representation and to consider that if similar grace marks have been given to other candidates also, then the petitioner should also be treated by giving same relief to him. A copy of the said order is annexed as Annexure-5 with the writ application. In the circumstances, this writ application is disposed of with liberty to the petitioner to file a representation before the competent authority of the University for allowing him four grace marks in terms of the said regulations of the Medical Council of India. If such a representation is filed within two weeks from today, the University shall consider the same and pass appropriate orders in accordance with law within two weeks thereafter, after considering the regulations of the Medical Council of India. Arvind/ ( J. N. Singh, J.)