Improvement of internal assessment marks can only be considered for the first time seekers as per the university's decision.

The petitioner has come forward with this Writ Petition praying for issuance of a Writ of Mandamus to direct the second respondent to issue fresh mark list to the petitioner by awarding the Improved Internal Assessment Marks secured by the petitioner in November 2017 in Community Medicine as per the representation of the petitioner, dated 15.02.2018.

2. It is the case of the petitioner that he has completed 12th Standard in 2010 by securing 946 marks out of 1200 marks; thereafter, he joined MBBS in the third respondent's institution under Management Quota in July 2010 and has completed his first year in May 2013 and wrote the second year in November 2014 and cleared all his second year papers in November 2016. The petitioner was continuing his third year classes and appeared for the third year examination for three subjects, namely Community Medicine, ENT and Opthalmology. It is the further case of the petitioner that the Community Medicine subject consists of two papers, Paper-I, Paper-II Oral, Theory, Internal Assessment and Practical Internal Assessment and similarly, ENT subject consists of one paper - Theory, Oral, Practical, Theory and Practical Internal assessment and the last Ophtalmology subject consists of one paper Theory - Oral, Practical, Theory Internal Assessment and Practical Internal Assessment and failed in all the three papers in May 2016 and again in November 2017, the petitioner has passed Opthalmology papers and failed in other two papers. However, he secured 25 marks out of 40 in theory Improved Internal Assessment and 18 marks out of 30 in clinical Improved Internal Assessment Marks in Community Medicine. The last Improved Internal Assessment Marks in the grade sheet will be added and the results will be declared as per the marks secured by the candidate. However, when the mark list for November 2017 was uploaded in the website, the Improved Internal Assessment Marks secured by the petitioner in November 2017 Exam in respect of theory and clinical papers of Community Medicine subject, had not been taken into consideration while calculating the total and the petitioner had been declared fail in respect of the said Community Medicine paper. As per the first respondent's guidelines, there is no restriction in appearing for supplementary examination and hence the petitioner approached the second respondent to bring to his knowledge about the Improved Internal Assessment Marks secured by the petitioner in the supplementary examination conducted in November 2017, which is not reflected in the Internal Assessment Marks awarded to the petitioner. They have taken the Internal Assessment Marks secured by the petitioner in May 2017 alone and issued the mark list. Hence, the petitioner has filed the above Writ Petition for the relief stated supra.

3. The petitioner has filed additional affidavit stating that the second respondent's counsel has taken up a categorical stand and furnished communication dated 12.04.2017 stating that Improvement of Internal Assessment Marks can be considered on only one time basis and the frequent requests for improvement for the same student whenever repeating the examinations, cannot be considered. Hence, the learned counsel for the second respondent verbally submitted to the Court that the petitioner is not eligible to get the Internal Assessment Marks secured in November 2017. Further, the learned counsel for the second respondent furnished the list of candidates who have got the Improvements of Internal Assessment in November 2017 session of the said list from Serial Nos.6 to 9 and 11, who have all been joined along with the petitioner in the third respondent-College in the year 2010. The second respondent-University has picked up and chosen the candidates from Sl.Nos.6 to 11 to their whims and fancies which is contrary to the stand taken up by them. The candidates re