IMPORTANT POINT
The 2023 Guidelines supersede previous regulations, prohibiting the awarding of grace marks in MBBS examinations, emphasizing the court's limited role in academic policy matters.

ORDER :

S SUNIL DUTT YADAV, J.

This Order has been divided into the following sections to facilitate analysis:

I. PRAYER:

The petitioners in all these writ petitions are students undergoing the MBBS Course. In W.P.Nos. 8912/2024, 14344/2024, 11801/2024, 9718/2024, 9722/2024, 9716/2024, 9462/2024, 9459/2024, 9017/2024, 8989/2024, 9357/2024, 9333/2024, 11844/2024, 9228/2024, 9094/2024 and 9029/2024, the petitioners have sought for the following common relief:

(i) Award of five grace marks in the Course attempted (MBBS) RS4 Examinations of January, 2024;

(ii) Seeking quashing of the "Ordinance/Notification governing Central Assessment Programme (CAP) for Theory Paper Assessment of all Under Graduate Health Science Courses, of University" dated 05.09.2022 bearing No.RGU/AUTH/24th Con/Synd/04/2022-23;

(iii) To direct the respondent University to conduct fresh evaluation of the failed subjects of MBBS (RS4) Examinations of November 2023 and January 2024 undertaken by the petitioner and by resorting to two evaluations of the answer scripts and conducting a third evaluation where there is a deviation of 15% marks and thereafter announce results afresh by considering highest marks for the competition of the results; Insofar as W.P.Nos.1916/2024, 10509/2024, 9412/2024, 9975/2024 the petitioners have sought for the following relief:

(i) Summon for photocopies and digital valuation slips;

(ii) To direct the respondent University to conduct additional evaluation under re-evaluation and announce the results by considering the best marks.

(iii) To direct the respondent University to provide an opportunity for the petitioners to appear and write the upcoming examination scheduled on 30.01.2024.

(iv) In W.P.10509/2024, 9412/2024 and 9975/2024 the petitioners have additionally sought for a direction to the respondents to allow the petitioner to attend II year MBBS Course.

(v) In W.P.No.9975/2024, petitioner has sought for awarding of 2 grace marks in the subject of psychology by considering the representation dated 05.03.2024 and 29.03.2024.

2. In light of the prayers sought for being interrelated to each other, the petitions are disposed off in terms of the following common order.

II. CONTENTIONS OF THE PARTIES:

3. It is the contention of the petitioners that the National Medical Commission Act, 2019 (for short ‘NMC Act’) has a Scheme whereby the Commission is conferred with the power of making Regulations in terms of Section 57 of the NMC Act relating to curriculum at the Undergraduate level, while on the other hand the Undergraduate Medical Education Board (for short ‘UGMEB’) is authorised to perform functions in terms of Section 24 of the NMC Act.

4. It is further submitted that in terms of the Scheme, the Commission is empowered to make Regulations, while the UGMEB is authorised to frame Guidelines and in the hierarchy of Regulations and Guidelines, the Regulations would have to be given precedence.

5. It is specifically averred that in terms of the "Regulations on Graduate Medical Education (amendment) 2019, (for short ‘2019 Regulations’), specifically Regulation 11.2.9 provides for award of grace marks upto a maximum of five marks to be awarded at the discretion of the University and with such addition of grace marks, the candidate could clear the examination as a whole.

6. It is submitted that despite the Guidelines issued by the UGMEB on 01.08.2023 vide Notification No.U.14021/8/2023-UGMEB, which specifically does away with the award of grace marks, the benefit under the 2019 Regulations ought to prevail.

7. It is further contended that the 2019