2025:MHC:2851 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.12.2025 CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.46615 of 2025 Subasri Kumar ... Petitioner Vs

1. The Registrar, The Tamil Nadu Dr.M.G.R.Medical University, 69, Anna Salai, Little Mount, Guindy, Chennai - 600 003.

2. The Controller of Examination, Tamil Nadu Dr.M.G.R.Medical University, Anna Salai, Little Mount, Guindy, Chennai - 600 003.

3. The Medical Council of India, Rep. by its Secretary, MCI Building Pocket – 14 Sector – 8, Dwarka Phase – 1, New Delhi – 110 077.

4. Karpaga Vinayaga Institute of Medical Sciences and Research Centre, Rep. by its Vice Chancellor, Palayanoor, Chengalpattu, Madhuranthagam. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to direct the second respondent to round off

39.50% to 40% in petitioner’s Anatomy paper.

For Petitioner : Mr.V.Srimathi For R1 & R2 : Mr.Mohamed Ghouse For R3 : Mr.V.Sudha Sr. Central Government Standing Counsel For R4 : Mr.S.Udayakumar

ORDER

This writ petition is filed for a writ of mandamus directing the second respondent to round off the 39.50% of marks in the anatomy theory paper of the petitioner to 40% and thus declare the results of the petitioner accordingly.

2. Upon perusing the affidavit filed in support of the writ petition and hearing the learned counsel appearing for the petitioner, it can be seen that the petitioner joined the MBBS course in the year 2024 in the college affiliated to the first respondent University, that is, the fourth respondent college. The petitioner appeared in the theory examinations of the first non-semester examination conducted in August 2025 with Examination Roll Number No.520024504625. The results were published on 30.09.2025. It is the case of the petitioner that while she got good marks in all other subjects, in the theory paper of anatomy, after adding the aggregate of Paper I and Paper II, the result was given as 39.50% as she got 38 in Theory I and 41 in Theory II. Since the aggregate resulted in a fraction, the petitioner prays for rounding off the aggregate of 39.50% to 40%.

3. The learned counsel appearing for the petitioner would rely upon the judgment of this Court in G. Dharshini Vs. Controller of Examinations, The Tamil Nadu Dr.M.G.R.Medical University (W.P.No.18825 of 2017 etc.) in this regard.

4. Per contra, the learned Senior Central Government Standing Counsel appearing on behalf of the National Medical Commission - third respondent and the learned Counsel appearing for the respondents 1 & 2 would place on record the revised guidelines. As per Guideline No. 3, it is essential that a minimum of 40% marks should be obtained in theory and practicals and a combined 50% should be secured by the candidates. There is no provision for the grant of any grace marks. Therefore, the candidate was not given any additional marks. There is a prohibition against granting grace marks and therefore the candidate was not given any addition of marks. Though she has got 72 in practicals, she has secured only 39.50% in theory and did not get the mandatory 40% in the theory examinations. Hence, she could not be declared as passed and there was no violation of any rules by the respondents in this regard. The learned Senior Central Government Standing Counsel would also state that the judgment of this Court in Dharshini cited supra was rendered prior to the new regulations which came into force in the year 2024.

5. I have considered the rival submissions made on either side and perused the material records of the case.

6. It can be seen that as per Regulation No. 3 relating to assessment and Annexure No. 8, it is mandatory to secure 40% marks separately in theory and practicals and a total of 50% when both are added. The petitioner gets 50% when theory and practical marks are added and there is no difficulty with regard to that. The only difficulty is that the petitioner has secured only 39.50