Rajasthan University Of Health ... vs Sachin Yadav S/O Shri Shivram ...
2023 Latest Caselaw 842 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               D.B. Special Appeal Writ No. 38/2023

Rajasthan University Of Health Sciences
                                                                  ----Appellant
                                   Versus
Sachin Yadav S/o Shri Shivram Singh Yadav
                                                                ----Respondent

For Appellant(s) : Mr. Virendra Lodha, Senior Advocate assisted by Mr. Rachit Sharma For Respondent No.1 : Mr. Tanveer Ahamad with Ms. Sara Parveen For Respondent No.2 : Mr. Angad Mirdha

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 25/01/2023

Heard learned counsel for the parties.

The judgment and order of the learned Single Judge dated

14.12.2022 passed in S.B. Civil Writ Petition No.18087/2022,

Sachin Yadav Vs. Rajasthan University of Health Sciences & Ors. is

under challenge in this appeal.

The learned Single Judge by the impugned judgment and

order has directed the University to grant two grace marks to the

petitioner-respondent in one of the subjects i.e. Human Anatomy

in the third attempt of the First Year MBBS examination, after he

has failed in the fourth attempt.

One of the submissions of learned counsel for the appellants

is that the grant of grace marks is not a matter of right and that

the petitioner-respondent having failed in the fourth attempt

cannot demand grace marks in the third attempt.

It may be noted that petitioner-respondent is a student of

MBBS-I year. He could not pass the MBBS in the first and second

(2 of 2) [SAW-38/2023]

attempt inasmuch as in the first attempt he failed in all the three

subjects and in the second attempt in two subjects. In the third

attempt, he failed in one of the subjects i.e. Human Anatomy and

secured 98 marks and could have passed it if two grace marks

have been allowed. The petitioner-respondent instead of seeking

two grace marks in the said subject in the third attempt, took a

chance to appear in the fourth attempt, wherein he again failed in

the aforesaid subject Human Anatomy and secured only 87 marks.

Since the maximum of five marks could be granted as grace

marks, he could not ask for the grace marks in the fourth attempt

and as such chose to seek grant of grace marks in the third

attempt.

It is in view of the above scenario that on behalf of the

University it has been submitted that the petitioner-respondent

cannot be allowed to take advantage of the grace marks in the

third attempt after he has failed in the fourth attempt.

The matter requires consideration.

Mr. Tanveer Ahamad, learned counsel appearing for the

respondents prays for and is allowed two weeks time to complete

instructions in the matter so that the matter can be finally argued.

List for admission/final disposal immediately thereafter.

Until further orders of this Court, effect and operation of the

impugned judgment and order dated 14.12.2022 shall remain in

abeyance.

                                   (SHUBHA MEHTA),J                                                 (PANKAJ MITHAL),CJ

                                   KAMLESH KUMAR/RAJAT/43









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