Karnataka High Court declines to award five grace marks in MBBS exam

Bengaluru: The Karnataka High Court has dismissed a batch of petitions filed by certain MBBS students seeking award of five grace marks in the course attempted in RS4 examinations of January, 2024. Justice S Sunil Dutt Yadav said that the courts cannot supplant the wisdom of the academic bodies by way of directions that run contrary to the regulations. 

The petitioners had also challenged the September 5, 2022 ordinance/notification governing Central Assessment Programme (CAP) for Theory Paper Assessment of all Undergraduate Health Science Courses of Rajiv Gandhi University of Health Sciences (RGUHS). The ordinance prescribed the procedure for valuation of answer scripts and computation of marks.

As per the procedure, all answer scripts of all undergraduate health sciences courses of RGUHS should be subjected to general evaluation by the first eligible examiner and re-evaluation by the second eligible examiner of the respective faculties through the digital valuation system before the computation of results. The highest of the total marks awarded by either of the two evaluators, which is the best total marks awarded by any of the two evaluators for the paper shall be considered for computation of the results.

If any decimals occur during individual evaluators, total marks awarded by the examiner shall be rounded off to the next higher value for the purpose of computation of results. The marks awarded and the results so declared shall be final and under any circumstances, further valuation shall not be entertained and should be made applicable prospectively, the ordinance stipulated.

The petitioners claimed that the Undergraduate Medical Education Board (UGMEB) guidelines of August 1, 2023 specifically do away with the award of grace marks, the benefit granted under the 2019 Regulations. The petitioners also sought for direction to conduct fresh evaluation of the failed subjects of MBBS (RS4) Examinations of November 2023.

The bench noted that the standards of examination as well as such standards in the courses are a dynamic system that keeps changing. The court said the authority which conducts examinations cannot have its hands tied. The standards of evaluation as prevailing on the date when the examination is held is the standard that is to be made applicable irrespective of the batch of students, the judge noted.

“Accordingly, the provision of grace marks under the 2019 Regulations framed under the Indian Medical Council Act, 1956, would have to give way to new standards of examination and evaluation as provided under the Guidelines framed in 2023 in exercise of power under Section 24 (1) (e) of the NMC Act, 2019 by the UGMEB. In light of the above discussion, the contention of the petitioners that the benefit of grace marks as was prevalent under the 2019 Guidelines has remained cannot be accepted,” the court said.