MBBS student’s plea seeking grace marks turned down

The petitioner, R Kanagadevi pursuing MBBS at Indira Gandhi Medical College and Research Institute, submitted that she had appeared for her third-year papers — Community Medicine, ENT and Ophthalmology — in June 2017. But she failed in Community Medicine and Ophthalmology. She had attempted the exams again in November 2017 and passed only Community Medicine. She failed in Ophthalmology for three marks. 

Noting that her representation to the Controller of Examinations, Pondicherry University that if she is given grace marks in Ophthalmology, she will clear her third-year MBBS failed to evoke any response, she contended that grace marks of five is applicable to all the university examinations of MBBS conducted semester-wise and that she lacks only 3 marks to pass the term. 

However, the counsel appearing for Pondicherry University submitted that the petitioner would be entitled to grace marks on certain conditions. 

The student can only fail in any one of the subjects and should have appeared for all the exams in a semester. The counsel also said the students would not be entitled to grace marks only if he/she had appeared for the failed examinations in a compartmental manner. 

But the petitioner’s counsel submitted that Pondicherry University had decided to amend its regulations with respect to revaluation and awarding of grace marks to theory and practical examinations in line with the MCI Regulations from May 2016 onwards. Hence, the petitioner would be entitled to the benefit of grace marks in view of the said circular dated June 29, 2016, he said. Justice S Vaidyanathan on citing the prescribed regulations for the award of grace marks said “The Petitioner can seek grace marks as a matter of right if she had failed in only one subject in June 2017. Since she failed in two subjects, she is certainly not entitled to grace marks, in view of the MCI regulations.” 

The judge in his order also noted “Furthermore, the circular dated June 29, 2016 cannot be read in excerpts and it nowhere says that students who have joined the course prior to the MCI Regulations would have the benefit of grace marks and those who have joined after the amendment of the regulations, would not be entitled to the benefit.”