R.V.RAVEENDRAN, J. - (1.) THE common judgment and order dated 23.6.2006 of the Bombay High Court in Writ Petition (L) No. 887 of 2006 and connected cases is under challenge in this appeal by special leave. THE appeal relate to the interpretation of Regulation 12 (2)and (4) of "Regulations on Graduate Medical Education 1997" framed by Medical Council of India (for short 'MCI Regulations'). THE description of appellant is permitted to be corrected by showing the Deputy Registrar as representing the Appellant University, instead of the Deputy Registrar of the Appellant University being shown as the appellant.
(2.) THE appellant-University (referred as 'the University') was established under the Maharashtra University of Health Sciences Act, 1998. THE private respondents ('students' for short) are prosecuting MBBS course in different Medical Colleges affiliated to the University. THEy appeared for the III MBBS Part II examination conducted by the University in December, 2005. THE subjects were General Medicine, General Surgery, Obstetrics and Gynaecology and Paediatrics. THE results were published on 18.2.2006. THE students were shown as having failed in one or more subjects and as a consequence, as having failed in the examination. Feeling aggrieved, they filed writ petitions before the Bombay High Court. THEy contended that the standards or criteria for passing adopted by the University were contrary to the MCI Regulations; that on the marks obtained by them, they ought to have been declared as having passed in the subjects; and that the University had shown them as 'failed' by applying Clauses 56(2) and 57 of the Amended University Ordinance 1/2002 which wrongly interpreted clauses (2) and (4) of Regulation 12 of the MCI Regulations. THEy, therefore, sought a declaration that clauses 56(2) and 57 of the University Ordinance 1 of 2002 and the consequential University Notification No.5 of 2006 dated 20.2.2006 were illegal and ultra vires the Indian Medical Council Act, 1956, that is Regulation 12 of MCI Regulations framed under section 33 of the said Act. THEy also sought a direction for re-determination of their results in the failed subjects by applying and adopting the procedure prescribed in regulation 12 of MCI Regulations and declare them as having passed in the subject/s and consequently the examination. In the said writ petitions, the University, the Medical Council of India ('MCI' for short) and the Medical Colleges were impleaded as respondents. The High Court allowed the writ petitions by common judgment dated 23.6.2006. It held that clauses 56(2) and 57 of amended University Ordinance 1 of 2002 is illegal and void being inconsistent with and violative of MCI Regulation 12. It also held that MCI Regulation No.12(4) will have to be read and understood in the manner clarified by MCI, in its letter dated 17.9.2002. It directed the University to recalculate the marks based on the MCI's clarification of its Regulation 12(4). The said decision is challenge by the University in this appeal. In exercise of the powers under section 33 of the Indian Medical Council Act 1956, the Medical Council of India with the previous sanction of the Central Government made the "Regulations on Graduate Medical Education 1997'. Chapter IV of the Regulations relates to examinations. We extract below relevant portions of Regulation 12 dealing with examinations: 12. Examination Regulations. Essentialities for qualifying to appear in professional examinations. The performance in essential components of training are to be assessed, based on: (1) Attendance : 75% of attendance in a subject for appearing in the examination is compulsory inclusive of attendance in non-lecture teaching i.e. seminars, group discussions, tutorials, demonstrations, practicals, Hospital (Tertiary, Secondary, Primary) postings and bed side clinics, etc. (2) Internal Assessment : (i) it shall be based on day-to-day assessment (see note), evaluation of student assignment, preparation for seminar, clinical case presentation etc; (ii) regular periodical examinations shall be conducted throughout the course. The question of number of examinations is left to the institution; (iii) day-to-day records should be given importance during internal assessment; (iv) weightage for the internal assessment shall be 20% of the total marks in each subject; (v) student must secure at least 35% marks of the total marks fixed for internal assessment in a particular subject in order to be eligible to appear in final university examination of that subject. Note : Internal assessment shall relate to different ways in which students participation in learning process during semesters is evaluated. Some examples are as follows : (3) University Examinations : Theory papers will be prepared by the examiners as prescribed. Nature of questions will be short answer type/objective type and marks for each part indicated separately. Practicals/clinicals will be conducted in the laboratories or hospital wards. Objective will be to assess proficiency in skills, conduct of experiment, interpretation of data and logical conclusion. Clinical cases should preferably include common diseases not esoteric syndromes or rare disorders. Emphasis should be on candidate's capability in eliciting physical signs and their interpretation. Viva/oral includes evaluation of management approach and handling of emergencies. Candidate's skill in interpretation of common investigative data, x-rays, identification of specimens, ECG, etc., also is to be evaluated. The examinations are to be designed with a view to ascertain whether the candidate has acquired the necessary proficiency for knowledge, minimum skills along with clear concepts of the fundamentals which are necessary for him to carry out his professional day to day work competently. Evaluation will be carried out on an objective basis. (4) Distribution of marks to various disciplines : JUDGEMENT_674_TLPRE0_2007Html1.htm Clause (4) of MCI Regulation 12 sets out the distribution of marks to various disciplines and the Heads of Passing in each subject, in respect of the examinations relating to First Professional, Second Professional, Third Professional Part-I, and Third Professional Part-II. We have extracted only a portion of clause (4) relating to the distribution of marks in regard to one subject -- "Anatomy" (which is a first MBBS subject) by way of illustration.
(3.) WHEN a doubt was raised about the manner of giving effect to MCI Regulation 12(4), MCI by its letter dated 17.9.2002, addressed to a Medical College in Kerala, gave the following clarification: "It may be observed from the above that out of the total of 200 marks for the subject of Anatomy, 40 marks i.e. 20% of the total marks have been provided for internal assessment (theory - 20 marks and practical - 20). As regards the candidate obtaining 50% in Theory including orals and minimum of 50% in practical prescribed under "distribution 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 50% 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." Ordinance 1 of 2002 (amended) of the University regulates the conduct of examinations by the University. The relevant clauses of the said Ordinance are extracted below : "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) 56.3. The candidate to be eligible to pass in a subject shall pass in all heads of passing in the respective subject in the same attempt. "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 passing heads of the respective subject." ;