Case Note & Summary
The petitioners, Dr. Haritha Ravipati and Mr. Mamidi Varun, were postgraduate medical students who appeared for the MD Dermatology examination conducted by Rajiv Gandhi University of Health Sciences (RGUHS) in June/July 2016. The University issued a notification dated 1.7.2015 requiring candidates to obtain minimum 50% marks in each theory paper separately. The petitioners failed to secure 50% in some theory papers, though they had overall aggregate marks above 50% when combined with practicals. They challenged the notification as being contrary to the Medical Council of India (MCI) regulations, which only require 50% aggregate in theory and practical combined. The court examined the MCI regulations and found that the University's notification imposed an additional requirement not found in the MCI regulations. The court held that the University cannot prescribe higher qualifying marks than those prescribed by the MCI. The court quashed the impugned notification and directed the University to conduct fresh valuation of the petitioners' answer scripts without applying the impugned notification, and to declare the results accordingly.
Headnote
A) University Law - Examination Regulations - Minimum Marks in Theory Papers - Rajiv Gandhi University of Health Sciences Act, 1994 - The University issued a notification requiring candidates to obtain minimum 50% marks in each theory paper of MD Dermatology examination. The court held that the notification was contrary to the MCI regulations which only require 50% aggregate in theory and practical combined. The University cannot impose additional eligibility criteria beyond the MCI regulations. (Paras 1-10) B) Medical Education - Postgraduate Examination - Valuation of Answer Scripts - Medical Council of India Regulations, 2000 - The court directed the University to conduct fresh valuation of the petitioner's answer scripts for Theory Papers I, II, and III of MD Dermatology examination without applying the impugned notification. The court held that the University must follow the MCI regulations which prescribe the minimum qualifying marks. (Paras 11-15)
Issue of Consideration
Whether the Rajiv Gandhi University of Health Sciences could issue a notification requiring a candidate to obtain minimum 50% marks in each theory paper of MD Dermatology examination, when the Medical Council of India regulations only require 50% aggregate in theory and practical combined?
Final Decision
The court allowed the writ petitions, quashed the impugned notification dated 1.7.2015, and directed the University to conduct fresh valuation of the petitioners' answer scripts for Theory Papers I, II, and III of MD Dermatology examination without applying the impugned notification, and declare the results accordingly.
Law Points
- University cannot impose additional eligibility criteria beyond MCI regulations
- Notification requiring minimum 50% marks in theory papers for MD examination is arbitrary and illegal
- Fresh valuation of answer scripts must be conducted without applying the impugned notification
