2024:MHC:1742 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10-04-2024 CORAM THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM WP No.6331 of 2024 And WMP Nos.7038 and 8782 of 2024 A.Mahathy .. Petitioner -vs-

1.National Medical Commission, Represented by its Chairman, Pocket-14, Sector-8, Dwaraka Phase-1, New Delhi-110 077.

2.The Controller of Examinations, Pondicherry University, Pondicherry-605 014.

3.Indira Gandhi Medical College and Research Institute, Represented by its Dean, Kathirkanam, Pondicherry-605 014. .. Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent to re-compute the petitioner's marks in the Anatomy subject bearing Code Numbers A3010 and A3011 as per the new CBME Revised Guidelines notified as F.NO.U/14021/8/2023-UGMEB dated 01.09.2023 by the first respondent herein and consequently to publish the petitioner's result as PASS for the phase 1 MBBS November 2023 Examinations conducted by the second respondent herein on 16.11.2023 and 17.11.2023.

For Petitioner : Mr.B.Ramamoorthy For Respondent-1 : Mr.Lokesh Khanna for Ms.Shubaranjani Ananth For Respondent-2 : Ms.A.V.Bharathi For Respondent-3 : Mr.A.Tamilvanan, Additional Government Pleader (Puducherry).

O R D E R

The Writ of Mandamus has been instituted to direct the second respondent to re-compute the petitioner's marks in the Anatomy subject bearing Code Numbers A3010 and A3011 as per the new CBME Revised Guidelines notified as F.NO.U/14021/8/2023-UGMEB dated 01.09.2023 by the first respondent herein and consequently to publish the petitioner's result as PASS for the phase 1 MBBS November 2023 Examinations conducted by the second respondent herein on 16.11.2023 and 17.11.2023.

2. The petitioner is the bona fide student pursuing MBBS Course in the third respondent's Medical College.

3. The petitioner, admittedly, appeared for the Examination in November and December 2023. The petitioner has been declared as 'Fail' in the Anatomy subject and having aggrieved, the present writ petition came to be instituted.

4. Mr.B.Ramamoorthy, learned counsel appearing on behalf of the petitioner, would mainly contend that the petitioner has scored 41.5% marks in aggregate in respect of Paper-I and Paper-II in Anatomy subject. Further, she scored 83 marks in theory. Therefore, the calculation as per the Regulations are to be made as under:-

“Anatomy I - 44 Anatomy II - 39 Total - 83 - 83/200 x 100 = 41.5 Practical - 62 Theory + Practical = 41.5 + 62 = 103.5 (50%) = 51.75.”

5. With reference to the above calculation, the learned counsel for the petitioner would submit that the petitioner scored 51.75% marks and therefore, she has been erroneously declared as 'Fail' by the second respondent.

6. Ms.A.V.Bharathi, learned counsel appearing on behalf of the second respondent, would strenuously oppose by stating that the calculation made by the petitioner is self-made calculation and not in consonance with the guidelines issued by the National Medical Commission. The National Medical Commission vide order dated 01.09.2023 issued Corrigendum to CBME Guidelines, which reads as under:-

7. Relying on the Scheme, as approved by the National Medical Commission, the second respondent has submitted the following calculation of marks as applicable to the case of the petitioner:-