The sum and substance of the case on hand is as to whether there was more than one Regulation of the year 2009-2010 with regard to the award of grace marks and whether the students, as a matter of right, can demand the grace/incentive marks.

2. The Medical Council of India Regulations, 1997 (amended upto 10th March 2017) and the Examination Regulations of Pondicherry University, 2009-10 onwards, deal with the grace marks, which are extracted below :

"Pondicherry University Regulations :

Grace Mark: Grace Mark in case of failure in ONE out of all subjects for the particular semester :

A passing board is constituted for finalizing the results of each phase. The Heads of the Departments or the members, the board allots grace marks maximum 5 for one subject. The grace mark of 5 will be added for one subject only after the marks obtained in the University examination are scaled down to 100% in the particular subject - Theory. The grace mark of 5 is applicable to all the University examinations of MBBS conducted semester-wise. No Grace marks will be added for practicals.

Grace Mark will not be applicable when the candidate takes up the University Examination in a compartmental manner.

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