Chennai: Madras High Court has partly upheld a single judge`s order in directing Tamil Nadu MGR Medical University to hold a fresh practical examination for a lady doctor, who sought retotalling of marks for the exam she wrote in March 1998.
The university had filed the appeal against the order of a single judge to hold a fresh practical exam for Dr R Devika.
"We are in agreement of the order passed by single judge in so far as conducting fresh practical examination alone is upheld," the division bench, comprising Justices N Paul Vasanthakumar and R Mahadevan said.
Dr Devika appeared for MD (Obstetrics& Gynecology) exam in March 1998.Not satisfied with marks in practicals,she applied for retotalling, to which the university replied there was no change in marks.
She sought award of `grace` marks in Sep 1998,saying she required four marks and they had power to award her five if a candidate failed only in one paper in the whole exam.
She said she had not received a reply to a representation to inform her of split-up marks for dissertation and oral and practical and oral. Hence she had filed this petition, seeking re-totalling her marks and to issue her a fresh marksheet.
The University in its counter said her total marks was 346 against the minium required 350.It was not their fault to make a candidate fail throughout if they fail once and in subsequent exams also, they said.
Dr Devika again appeared for the exam and sought re-totalling of marks, but the court dismissed her petition on Sept 25 2001.
Dr Devika then filed an appeal against the order, which the court disposed off on Aug 11 2006, saying it could not go into her grievance, but she could make a representation to the appelants highlighting it, which they should consider and dispose of expeditiouly if it was permissible in law.
She submitted that despite a reminder no separate marksheet was given.The University replied practical marks are given by four examiners in toto and not in separate heads, a pattern followed from 1993-94.
Moreover same type of marksheets were issued for other candidates also.
She again filed a petition before the court, contending that no proper explanation had been given to her and if four grace marks awarded she would definitely pass.
The Controller of Examinations in his counter reiterated the stand in the Feb 16 2007 order.
The single Judge had allowed the petition, directing the University to permit her appear for the practicals and to add marks she gets to that which she had got in March 1998 and declare the result. They were also directed to conduct the exam in four weeks.
