piyushchawla
Credits:
7085
My Scrapbook
|
Internal, external marks can’t be clubbed: SC
|
06.09.07 (1 year ago)
#1
|
|
Internal, external marks can’t be clubbed: SC
The Supreme Court has cleared the air on the calculation of marks for MBBS students as laid down in the Medical Council of India (MCI) rules holding that they be followed by the universities as provided under the 12(4) Regulation laid down by the council.
A Bench of Justices R.V. Raveendran and Lokeshwar Singh Panta said as per the Regulation 12(4) framed by the MCI in 1997 the total aggregate of pass marks for an MBBS student should be 50 per cent of the total of external and internal assessment.
The total has to be calculated with minimum of 35 per cent in internal assessment for eligibility to appear for university exam, 50 per cent of the total marks for theory with orals (only externals) and 50 per cent of practicals and clinical (only externals).
“We also hold that the internal assessment marks cannot be clubbed with the university examination (external) marks to ascertain whether a candidate has passed in theory with orals, and practicals,” the court clarified.
The internal assessment marks were never intended to be clubbed with the marks of the university exam (externals) to ascertain whether a student had passed in theory, including orals and practicals, as per the MCI Regulations, it held.
The dispute over the calculation of marks for MBBS courses arose when some students of the Maharashtra
University of Health Sciences claimed that under Regulation 12(4) a student had to obtain minimum of 50 per cent marks in theory, which means theory (internal and external) and not merely theory (external).
They claimed that for calculating the minimum 50 per cent marks in practicals, means practicals (external and internal) and not merely practicals (externals).
This was rejected by the university and the students moved the Bombay High Court, which gave a verdict in their favour.
But the apex court set aside the High Court order on an appeal by the university while laying down the correct interpretation of the law.
However, keeping in mind the interest of students and interim orders passed by the apex court during the pendency of the case, the Bench said its ruling would have a prospective effect so that no student was adversely affected.
|
|
|
Topic Tags: 
