Manish Kumar Ranjan v. National Medical Commission And ORS
07.10.2021 SL No. 2 (P.M.) W.P.A No. 239 of 2021 (Circuit Bench at Port Blair) (Via Video Conference) Sri Manish Kumar Ranjan versus National Medical Commission & Ors.
Mr. Atarup Banerjee, Sr. Adv.
Mr. Sunny Nandi, Mr. Subha Pathak .. for the petitioner.
Mr. Krishna Rao ... for the respondent Nos. 3 & 4 The petitioner is aggrieved by the communication dated 18th August, 2021 passed by the Controller of Examinations, Pondicherry University, Examination Wing wherein the request of the petitioner for re-evaluation of practical paper was held to be not feasible as there is no provision in the regulation of MBBS Degree Course, Pondicherry University for Re-valuation of the evaluated answer scripts and for award of grace marks.
The mark-sheet of the petitioner is annexed at page 54 of the writ petition.
It appears that the petitioner has failed in all the practical examinations (four subjects). The petitioner has also not been able to qualify in the theory paper of General Medicine.
The petitioner has annexed Circular No. 49 dated 14th March, 2019 issued by the Controller of Examinations, Pondicherry University Examination Wing which mentions
that from the session May, 2019 onwards all MBBS papers will be evaluated by two examiners and no revaluation is admissible.
Circular No. 50 dated 14th March, 2019 issued by the University mentions that grace marks can be awarded only for one theory paper, provided the candidate has failed in only one subject but has passed in all other subjects. As regards improvement of the Internal Assessment marks it has been mentioned in Circular 50 that the MCI Regulations do not provide for improvement of Internal Assessment marks. Improvement of Internal Assessment marks, once uploaded and submitted to the University at first attempt shall not be changed at subsequent attempts. There will be no improvement of Internal Assessment marks for those appearing from May, 2019 session onwards.
The Circular further mentions that taking into consideration the request of students to grant them additional chances to complete their MBBS Course, it has been decided by the University to permit those students who could not complete the Phase-I and MBBS Course within the stipulated period specified in the University Regulations, to pay higher examination fee of Rs. 25,000/- per paper for every additional attempt, and appear for the University examination, till they qualify for Phase-I and qualify for the MBBS degree. There is no provision for any re-evaluation and only re-totaling is permissible.
Admittedly, the petitioner herein has failed in all four practical subjects. There is no scope for re-evaluating the practical paper of the candidate.
Accordingly, it does not appear that the order impugned herein requires any interference by the Court. As there is a provision for completion of the final year MBBS course upon payment of higher examination fee, the petitioner, if advised, may appear in the final year paper subject to payment of the higher examination fee. No further relief can be granted in the instant writ petition.
The instant writ petition stands disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. ( Amrita Sinha, J.)