VIRENDER SINGH, J. - (1.) RANCHI University, Ranchi (hereinafter to be referred to as 'University' only), being aggrieved of the judgment/order dated 8th of July, 2014, handed down by learned Single Judge in W.P.(C) No. 1814 of 2013, whereby the University has been directed to award grace marks to respondent -Writ Petitioner, Devashish Robinson Tigga (hereinafter to be referred to as 'Petitioner' only), as provided in Medical Council of India Regulations of Graduate Medical Education, 1997 (hereinafter to be referred as "MCI Regulations of 1997"), has filed the instant Letters Patent Appeal in which there was a delay of 15 days only, which already stands condoned by the Court vide order dated 12th December, 2014 and admitted for adjudication.
(2.) MR . Manoj Tandon has put in appearance on behalf of the Writ Petitioner and Mr. Rajesh Kumar appears for Rajendra Institute of Medical Sciences, Ranchi (for short 'RIMS'), Respondent No.2 herein.
(3.) WE have been informed that in compliance to the impugned judgment, Petitioner has already been awarded Grace Marks and allowed to take Second Year MBBS Examination for which he was permitted as a special case. However, the result of the Petitioner for Second Year MBBS Examination has not been declared by the University till date. Not only that the Petitioner has also been allowed to sit provisionally in the First Part of Third Year MBBS. FACTS NEED TO BE NOTICED The Petitioner, when not awarded Grace Marks in one of the subjects, "Anatomy" for the examination of First Year MBBS in a practical paper when he had cleared all other subjects, on account of the decision taken by Examination Board of the University, in its meeting held on 05.11.2012 resolving that no Grace Mark would be awarded in Practical/Clinical portion of the subject for all MBBS Examinations and that the maximum of 5 marks could be awarded as Grace Marks to Theory Portion only of a subject in MBBS Course, which decision was communicated by Controller of Examination of the University to Director, RIMS, Ranchi vide letter No. Ex/C/2428 dated 10.11.2012, sought quashment of the said letter/communication on the ground that by virtue of the MCI Regulations of 1997, formulated by Medical Council of India wherein Clause 13(10) of the said Regulations stipulates that Grace Marks up to the maximum of 5 marks may be awarded at the discretion of the University to a Student, who was failing only in one subject but passed in all other subjects, there appeared no rationale on the part of the University to take a decision to say that it would not award 5 Grace Marks in Practical/Clinical Examination and may award 5 Grace Marks in Theory Paper only.;