TaxTMI 
TaxTMI 
2006 (6) TMI 532
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....he subject "General Surgery" and some petitioners in the subject "General Medicine". The mark-sheets were displayed on the website of the University and the copies of the same were also provided to the students. It is the case of the petitioners that on perusal of the mark sheets, it would reveal that the petitioners had either failed in the practical paper of the subject "General. Surgery" and or "General Medicine" and as such had been declared to have failed in the said examination. 2. The respondent No. 1 Medical Council of India is a statutory body established under the provisions of Indian Medical Council Act, 1956. The act is a central legislation enacted by Parliament. Under Section 33 of the Act, the Council is empowered to frame regulations in a manner provided, so as to achieve the object provided under the Act. The regulations framed by the Medical Council of India under Section 33 are thus made binding on all the Universities and medical institutions imparting medical training and/or conferring degrees. The institutions which conduct medical courses must do so in conformity with the regulations framed by the Medical Council of India. No medical institution or Univers....
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....at to pass the examination, the candidate must obtain 50% of the aggregate marks in theory + oral + internal assessment of theory and 50% of the aggregate marks in practical + internal assessment/clinical. The regulation also provides for grace marks to be awarded. The 35% requirement enables the student to appear for the University final examination. The University had earlier framed regulations, we are concerned with Regulations 56.2 and 57, which reads as under: 56.2. Heads of passing of various courses in their respective faculties will be as under: 56.2.1. Medical: i. Theory + Oral ii. Practical iii. Internal Assessment (Theory + Practical) 57. The standard of passing : A candidate to be eligible to pass the examination must have obtained not less than 50% of marks in each of the heads of the respective subject. 3. The University in 2003 followed regulations 56 and 57 in declaring the results of the final examination. Several students aggrieved, filed Petitions before this Court i.e. Writ Petition No. 5725 of 2003 and other Writ Petitions. A learned Division Bench of thi....
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....bjects in theory and practicals and then the aggregate of 50% should be worked out. This judgment was pronounced on 25th September, 2002. It appears that this judgment considering that Medical Council is an All India body and the Act is a Central Act was not brought to the attention of the learned Bench of this Court which decided the earlier batch of petitions. Counsel for the respondent University states that it was brought to the notice, but we find no reference to the judgment, in the judgment of the Division Bench of this Court. 5. Subsequent to the judgment of this Court, the University has amended Rule 57 of the ordinance as can be seen from Notification dated 20-2-2006 and the Rule 57 of the ordinance now reads as under: 'HEAD OF PASSING' AND 'STANDARD OF PASSING' WILL BE AS UNDER: (Theory + Practical) (Refer Notification No. 09/2006) (D) Aggregate of all the 50% marks. Above mentioned heads of passing. Rules 56 and 57 of Ordinance 01/2002 (Amended) will be suitably amended. All students should be informed accordingly. It is this Rule as amended, which is the subject-matter of the present Petitions. 6.....
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.... of marks of various disciplines", it may be pointed out that so far as Anatomy is concerned, a student has to obtain a minimum of 70 marks in theory out of a total of 140 marks (100+20+20=140) and a minimum of 30 marks out of a total of 60 marks in practical (40+20). Further, the student has also to obtain a minimum of 35% of marks in internal assessment prescribed for each subject. For example, in Anatomy, he has to obtain a minimum of 20 marks out of total 40 marks earmarked for internal assessment. Thus there is no contradiction in the percentage of marks prescribed for passing of an examination as per the regulations. 7. On behalf of the University Shri Govind Prabhakar Jadhav, Deputy Registrar, has filed an affidavit. It is pointed out that Rules 56 and 57 of Ordinance 01 of 2002 as framed by the University, have been held not to be inconsistent with Regulation 12 as framed by the Medical Council of India. In terms of the judgment, a student has to pass in all the three heads with 50% marks, namely in, 1.Theory, 2.Practical/clinical, and 3.Internal Assessment. Reference is made to the examination form and the specific declaration given by all the students, declaring that t....
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....ut that the learned Division Bench was considering the Rules before their amendment. Rules 56 and 57 have been subsequently amended and notified by Notification Nos. 04/2006 and 05/2006 both dated 20-2-2006. From the notification it appears that the amendment has been done to give effect to the judgment of this Court. Whatever be the position, the fact would remain that what is in issue before us are the new Rules as framed by the University and considering the new Rule, whether we should follow the ratio of the judgment delivered in Writ Petition No. 5725 of 2003 in the case of Ms. Sheetal A. Abhyankar and Ors. v. Maharashtra University of Health Sciences and Ors. decided on 12th December, 2003 [since reported in 2004(2)MhLj689 The second aspect of the matter is that it appears that the clarification issued by the Medical Council of India on 17-9-2002 was not brought to the attention of the learned Division Bench. Though the learned Bench referred to this affidavit filed on behalf of the Medical Council of India, no reference is made to that clarification. A third aspect of the matter is the view taken by the Kerala High Court a Court of co-ordinate jurisdiction. Though the vie....
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.... each subject. This was not noted by the learned Division Bench whilst deciding the case of Sheetal Abhyankar (Supra). Insofar as the marks obtained for theory in the internal examination, those marks will be added to the marks obtained in theory for the final examination and similarly the marks assigned to practicals of internal assessment, would be added to the marks obtained in practicals at the final examinations. In other words, there is no requirement that the student must secure 50% aggregate in internal assessment as a distinct head. Internal assessment only requires that the student obtain 35% marks in order to enable the student to appear for the examination. Once a student secures 35%, then the marks obtained in internal assessment are to be added to Theory and Practical papers respectively in terms of Regulation 12(4). In our opinion, therefore, a reading of Regulation 12 with the clarification dated 17-9-2002, leaves no manner of doubt that the marks obtained in internal examination will have to be added with the marks obtained at the final examinations for Theory and Practicals respectively and cannot be adjudged under independent head. This view was accepted by the l....