Suppl.-2 Item Nos. 1-2 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 3 of 2025 Aribam Suraj Sharma.

…Petitioner - Versus -

State of Manipur & 4 Ors.

…Respondents With MC(WP(C)) No. 2 of 2025 B E F O R E HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA

ORDER

27-02-2025 [1] Heard Mr. N. Ibotombi, learned senior counsel assisted by Mrs. N. Savitri, learned counsel for the petitioner; Mr. Th. Sukumar, learned Government Advocate for respondent Nos. 1 & 2; and Mr. Deepak Prasad Sahu, learned counsel for respondent Nos. 3, 4 & 5/Manipur University.

[2] The petitioner, who is a student of MBBS Phase-I in Jawaharlal Nehru Institute of Medical Sciences, Porompat (JNIMS) with Roll No. 23093 appeared in the MBBS Phase-I Examination, 2024 (Supplementary) and in the said examination, he scored 40 marks in Anatomy Theory Paper I, 39 marks in Theory Paper II and 72 marks in Practical.

[3] As per the guidelines issued by the National Medical Commission, in a subject having two papers, the candidate must secure minimum 40% of marks in aggregate (both papers together) to pass the said subject.

[4] The petitioner has exhausted four attempts and has no chance to appear in the MBBS Phase-I Examination. It is also pointed out that in the earlier MBBS Phase-I Examination, 2023 (Supplementary), the petitioner scored 41 and 55 marks in Anatomy Theory Paper I and II. However, he could not appear in the Practical Examination due to a road traffic accident and was admitted to Shija Hospitals & Research Institute Pvt. Ltd. at that time.

[5] In the circumstance, the petitioner submitted representations dated 26-12-2024 to the Vice Chancellor, Manipur University and the Controller of Examination, Manipur University for re-scrutiny and re- evaluation of answer sheets of Anatomy, Theory Paper I & II of MBBS Phase-I Examination, 2024 (Supplementary).

[6] During the pendency of the representation, the petitioner approached this Court praying for the following reliefs:—

“(a) ……… (b) ………

(c) to issue a writ in the nature of mandamus directing the official respondent Nos. 3 to 5 to extend the benefit of one grace mark to the case of the petitioner either in the subject of Anatomy, Theory Paper I or Theory Paper II of MBBS Phase- I Examination, 2024 (Supplementary) as provided under Regulation 22 of the Manipur University’s Admission and Examination Regulation for the 4 (four) years under Graduate Programmes in Sciences, Arts, Commerce and other streams, 2022;

(d) to issue a further writ in the nature of mandamus or any other appropriate writ by directing the official respondents Nos. 3 to 5 to positively consider and dispose of the representation dated 26-12-2024 of the humble petitioner to re-evaluate his answer sheets of Anatomy, Theory Paper I & II of MBBS Phase-I Examination, 2024 (Supplementary) conducted by the Manipur University wherein the petitioner appeared from Jawaharlal Nehru Institute of Medical Sciences (JNIMS), Imphal, under MU Regd. No. 2200320026 of 2022 and examination Roll No. 23093 and/or in the alternative, to direct the official respondent Nos. 3 to 5 to positively consider and dispose of the representation dated 26-12-2024 of the petitioner by allowing re-scrutiny and re-evaluation thereof (at Annexure-A/9 hereof);

(e) ………… (f) …………”

[7] While issuing notice vide order dated 07-01-2025, this Court permitted Manipur University authority to consider and dispose of the representation dated 26-12-2024 submitted by the petitioner by a speaking order and in compliance of the order dated 07-01-2025, the Registrar, Manipur University issued office orders No. 885 dated 03-02-2025 stating that:—

“Whereas, in view of the above rules and guidelines, the grievances of Suraj Sharma regarding for awarding of grace marks and re- evaluation of his answer scripts are not under the rules and regulations indicated above. Besides, the rule of attempting four times has already been exhausted.

Now, therefore, after thorough consideration of the case of Suraj Sharma as mentioned above