A.N.Varma, J. - (1.) These five petitions are being disposed of by a common judgment as the major controversies involved therein are the same. The petitioners have been declared failed at the third and final professional examination of M.B.B.S. course held in September/ October, 1981 by the Agra University. The petitioners were all students of Sarojini Nayudu Medical College, Agra which is affiliated to the Agra University, Agra, The relief claimed in the petition is that the results of the petitioners in so far as the subjects in which they have been declared failed be quashed and a writ of mandamus be issued to the respondents commanding them to declare the petitioners as passed at the said examination.
(2.) The petitioners have assailed the legality and propriety of their results broadly on two grounds : (1) The Regulations framed by the Medical Council of India under Section 33 of the Indian Medical Council Act laid down the Scheme of Examination for the various professional examination including the third and final professional examination for the degree of M.B.B.S. In this scheme of examination for the third professional examination whereas in regard to other subjects the candidate was required not only to secure 50% in aggregate in each of the subjects but also 50% marks in the clinical examinations in those subjects. There is significantly no such requirement in regard to clinical examination in the subjects of Ophthalmology and E.N.T. The Ordinance of the Agra University, however, made it obligatory for the candidates to secure 50% marks in the clinical examination even in Ophthalmology and E.N.T, applying these Ordinances, some of the petitioners who had failed in the clinical examination of Ophthalmology and E.N.T. have been declared failed. Inasmuch as the Regulations framed by the Medical Council have the force of a Parliamentary Legislation covered by Entry 66 of the Union List, the same must have an overriding effect over the Ordinances of the Agra University to the extent that the latter are in conflict with the former. That being so, the petitioners were entitled to be declared as having passed the examination notwithstanding, that they did not receive the minimum of 50% marks in the clinical examinations in Ophthalmology, and E.N.T. (2) On a true and proper construction of the applicable rules relating to the award of grace marks, the petitioners were each, in any case, entitled to be declared passed as a result of grace marks to which the petitioners had become entitled on the facts admitted or established.
(3.) We will take up the first point first. In order to appreciate the submissions, it will be necessary to outline the true role and functions of the Medical Council of India and the legal effect and status of the Regulations framed by it vis-a-vis Medical Education being imparted in India as well as the standards and schemes of professional examinations for the degree of M.B.B.S which is awarded by the various Medical Institutions. In fact this topic has been the subject of exhaustive consideration in various cases decided by the Supreme Court. In State of Kerala v. Km. T. P. Roshana reported in AIR 1979 SC 765, their Lordships observed thus (at p. 771):-- "The Indian Medical Council Act, 1956 has constituted the Medical Council of India as an expert body to control the minimum standards of medical education and to regulate their observance. Obviously, this high powered council has power to prescribe the minimum standards of medical education. It has implicit power to supervise the qualifications or eligibility standards for admission into medical institutions. Thus there is an overall invigilation by the Medical Council to prevent sub-standard entrance qualifications for medical courses, Again in the State of Madhya Pradesh v. Km. Nivedita Jain reported in (1981) 4 SCC 296 : (also reported in AIR 1981 SC 2045) their Lordships of the Supreme Court had occasion to consider the same problem namely the effect of the Regulations framed by the Medical Council on the various executive orders issued by the State Government. The Supreme Court after analysing the various provisions of the Indian Medical Council Act in depth observed as follows at page 308 (of SCC) : (at p. 2053 of AIR) : "An analysis of the various sections of the Act indicate that the main purpose of the Act is to establish Medical Council of India, to provide for its constitution, composition and its functions and the main function of the Council is to main-lain the medical register of India and to maintain a proper standard of medical education and medical ethics and professional conduct for medical practitioners. The scheme of the Act appears to be that the Medical Council of India is to be set up in the manner provided in the Act and the Medical Council will maintain a proper medical register, will prescribe minimum standards of medical education required for granting recognised medical qualifications, will also prescribe standards of post graduate medical education and will further regulate the standards of professional conduct and etiquette and code of ethics for medical practitioners.;