JYOTIRMAY BHATTACHARYA, J. - (1.) THIS mandamus appeal is directed against the judgement and/or order dated 28th November, 2014 passed by a Learned Single Judge of this Court in W.P. 24832(W) of 2014 at the instance of the writ petitioner/appellant.
(2.) THE writ petitioner/appellant is a student of M.B.B.S. She appeared in M.B.B.S. 3rd Professional Part -I Supplementary Examination, 2014. She could not obtain pass mark in one subject i.e. E.N.T. She got 11 marks in Theory paper and 7 marks in Oral examination. Thus she got 18 marks altogether in Theory and Oral examination of the said subject. Pass mark in each subject is 25. Thus the writ petitioner/appellant was short of 7 marks in Theory paper. However, she obtained pass mark in Practical paper in the said subject.
(3.) THE writ petitioner/appellant was dissatisfied with the marks given to her in Theory paper. She applied for re -examination of her Theory paper. Her Theory paper was re -examined by an independent Professor. After re -examination, 1 mark was enhanced. Thus she got 12 marks in Theory paper. The total marks obtained by her in Theory and Oral examination will thus be 19. Still then, she is short of 6 marks. The writ petitioner/appellant claimed that she is entitled to get 5 grace marks in view of the provision contained in 11.3.9.i of the Regulations on Graduate Medical Education, 2012 published by the Medical Council of India. According to her, if the grace marks are given to her and the marks given to her in Practical papers are added to it, then she can be declared as a passed candidate.;