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| DB upholds University statutes regarding grace marks in MBBS | | | Early Times Report
JAMMU, Aug 10: In a significant order, which shall have its ramification on the functioning of Universities all over the Country, Division Bench of the State High Court comprising of Chief Justice M.M Kumar and Justice Hasnain Masoodi has upheld the University of Jammu statutes relating to the award of grace marks governing the degree of Bachelor of Medicine and Bachelor of Surgery. Division Bench while dismissing the appeal filed by two students through their advocate D.C Raina with Anil Verma has upheld the Jammu University Statute 6.2 relating to the award of five grace marks in theory component and no grace marks were provided in clinical/practical examination has concluded that there is no scope of disagreement with the view taken by learned single Judge , Justice J.P Singh that the appellants claim to grant of one grace mark in clinical/practical Paper III and challenge to statute 6.2 of MBBS is without any substance.
The brief case of the appellants was that they were undergoing MBBS course and have failed in clinical examinations and have secured 24 marks as against the requirement of 25 marks out of 50 marks necessary for clearing the examination. The University declined to give one grace marks which were restricted to theory part only. Main grievance of the appellants was that the University statute 6.2 was in conflict with clause 35 of Medical Council of India regulations.
He further argued that the University has acted well within its powers to restrict the grace mark to the theory component of a subject without leaving ay scope of grace marks in the clinical or practical examination.
The University is competitive to decide that while it would ignore candidate's failure in theory component of a subject than less than five years but wouldn't expect a medical candidate accepted to have good clinical sense to fail in clinical or practical examinations. Statute 6.2 therefore can't be held to be in conflict with clause 35 of MCI regulations. Court further observed had University made room for award of more than 5 marks, the statute would have been in conflict with MCI regulations because a regulation provides the bottom line and leaves it to University to prescribe more strict examination regime to promote efficiency at the level of graduate and post graduate course in medical examinations. The contention of the appellants was rejected by the Division Bench with regard to the fact that since they were admitted in 2001 so statute 6.2 which came into force in 2008 was not applicable.
Court further observed that the student when admitted in Graduate or Post Graduate courses in which he has been admitted would be regulated by the University Statute as amended from time to time depending upon new developments in the field of Academic, Science and Technology and to respond to the new challenges. It is a continuing process, the court observed. Statute of the University has been enacted additionally in the large interest of the society.
The council of the University argued that the award of degrees to those who don't achieve minimum prescribed marks in practical mayn't serve the interest of the society which needs only those medical professionally who are found fit by the medical institutions to undertake these observations the appellants claim to the grant of one grace mark in practical and challenge to statute of University was without any substance and the appeal was accordingly dismissed and view taken by learned single judge upheld. |
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