A writ petition challenging the rounding off of marks in a final year MBBS Medicine paper was heard. The Court dismissed the petition, holding that the 1997 Regulations do not permit rounding off when minimum marks are specified, relying on a coordinate bench decision and the Supreme Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:21000 WP No. 1289 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1289 OF 2023 (EDN-RES)
BETWEEN:
MR. UPADHYAY NAMAN JAIMANBHAI S/O. DR. JAIMAN U UPADHYAY, AGED ABOUT 35 YEARS, R/AT SUKH SAGAR, ROYAL PARK 6, NEAR K K CHOCK, KALWAD ROAD, RAJKOT, GUJARAT-360 005.
…PETITIONER
(BY SRI SYED JAFFER MOHIYUDDIN, ADV.)
AND:
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. FARAH FATHIMA, ADV. FOR R1 7 R2)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT DIRECTING HE RESPONDENTS TO DECLARE THE PETITIONER AS PASS IN THE EXAMINATION IN MEDICINE PAPER OF THE FINAL YEAR MBBS EXAM CONDUCTED BY THE RESPONDENT NO. 1 HELD ON JULY 2022 BY ROUNDING OFF THE MARKS FORM 119 WHICH IS 49.58 PERCENT TO 50 PERCENT AS PER DECISION OF THIS COURT IN W.P. NO. 11348/2020, AT ANNX-C, W.P NO. 10365/020 AT ANNX-D AND WP 17479/2021 AT ANNX-E.
NC: 2023:KHC:21000 WP No. 1289 of 2023
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed by the petitioner seeking the following relief:
“Issue appropriate writ directing the respondents to declare the petitioner as pass in the examination in MEDICINE paper of the final year MBBS exam conducted by the respondent No.1 held on July 2022 by rounding off the marks from 119 which is 49.58 percent to 50 percent as per decision of this Hon’ble Court in W.P.No.11348/2020 at Annexure-C, W.P.No.10365/2020 at Annexure-D and W.P.No.17479/2021 at Annexure-E.”
NC: 2023:KHC:21000 WP No. 1289 of 2023
4. The controversy relating to rounding off marks
in respect of a student pursuing Medicine is no more res integra and the same is given quietus by the Co-ordinate Bench of this Court in similar issue which had arisen for consideration in W.P.No.5463/2021. Paragraphs 4 to 6 of the said judgment are relevant and the same are extracted below for:
“4. The opinion of this Court is supported by a decision of the Hon’ble Supreme Court in the case of Registrar, Rajiv Gandhi University of Health Sciences, Bangalore Vs. G.Hemlatha And Others reported in (2012) 8 SCC 568 , wherein it has been held that when emphasis is given in the Rule itself to the minimum marks to be obtained, there can be no relaxation or rounding off. It was observed that no power was provided in the Statute/Rules permitting any such rounding off or giving grace marks. Rules are statutory in nature and no dilution or amendment to such Rules is permissible or possible by adding some words to the said statutory Rules for giving the benefit of rounding off or relaxation.
NC: 2023:KHC:21000 WP No. 1289 of 2023
5. The next limb of argument of the learned Counsel for the petitioner is that there is provision under the Regulations for awarding grace marks upto maximum 5 marks, but in terms of the Medical Council of India Regulations on Graduate Medical Education, 1997, maximum of 5 grace marks can be awarded if a student has failed only in one subject. Therefore, endeavor is made by the learned Counsel for the petitioner to convince this Court that if the marks are rounded off in one subject, the petitioner will succeed in that paper and 1 (one) grace mark could be given in terms of the MCI Regulations.
6. When the provisions of the Regulations are clear and there being no ambiguity there is no scope for rounding off the marks while averaging the marks from 120 to 100%. Scope is there for rounding off only while averaging the marks awarded by the evaluators. As regards the awarding of grace marks, it is clear that in terms of the Regulations applicable to the petitioner, who was admitted to the course during the academic year 2014-15, grace
marks can be awarded only if the students had failed in one subject. Here is the case, where the petitioner has failed in two subjects there is no scope for awarding the grace marks.”
NC: 2023:KHC:21000 WP No. 1289 of 2023
there can be no relaxation or rounding off. If the relief sought in the writ petition is not supported by any Regulations, the respondent-University is not under legal obligation to consider the prayer sought in the instant writ petition. The petitioner also cannot by way of right seek
for rounding off marks contrary to 1997 Regulations.
ORDER
The writ petition is devoid of merits and
accordingly, stands dismissed.
Sd/JUDGE
NC CT:bms List No.: 1 Sl No.: 8
2 issues framed by the court
Whether a student of Medicine can demand rounding off of marks from 49.58% to 50% to be declared as pass in the final year MBBS examination.
Whether the University Regulations, relying on the 1997 MCI Regulations, permit rounding off of percentage marks or grant of grace marks in this scenario.
Colour shows how this judgement treated each authority
W.P.No.5463/2021Relied on¶29
MR. UPADHYAY NAMAN JAIMANBHAI S/O. DR. JAIMAN U UPADHYAY
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
