SANDEEP KUMAR GHOSH Vs. UTKAL UNIVERSITY

JUDGEMENT

(1.) The petitioner, a candidate at the First M.B.B.S. Examination held in April, 1981, by the Utkal University, as a regular student of Shriram Chandra Bhanja Medical College. Cut-tack, challenges the decision that he had failed at the examination although he had secured marks entitling him to pass under the Regulations of University read with the Rules of "Hard Cases" for the M.B.B.S. Examinations (hereinafter referred to as the 'Rules'). Regn. 9 (2) of Chapter XI dealing with M.B.B.S. Examination of the Utkal University:

(2.) The opposite party No. 1 has, in a counter affidavit, disputed the assertion made by the petitioner that his case would be governed by the Rules and that it should have been referred to the Board for declaring the petitioner successful at the examination. According to the opposite party No. 1, the petitioner's case would not come within the purview of the Rules in that he had failed both in the written paper as well as in the group of written and oral papers taken together. The recommendation of the Indian Medical Council, as per Annexure 2, as averred in the counter-affidavit, is not applicable to the University.

(3.) Dr. Dash appearing for the petitioner has submitted before us that as the petitioner had failed only in Biochemistry and that, too for obtaining 38 marks as against the minimum pass marks of 40 and the marks were short by 1 per cent in respect of both written and oral papers for Biochemistry, it was a fit case for reference to the Board of Conducting Examiners to apply the Rules.