Vipul & Ors vs University Of Delhi & Ors on 25 February, 2020

% 25.02.2020 CM APPLs. 6898/2020, 6901/2020, 6902/2020, 6917/2020 & 6925/2020 (Exemptions)

1. Allowed, subject to just exceptions.

2. Mr. Kousik Ghosh and Mr. T. Singhdev have returned with instructions.

3. To be noted, Mr. Kousik Ghosh appears on behalf of respondent no. 1 & 2/University of Delhi (in short "UOD") while Mr. Singhdev appears on behalf of respondent no. 3/The Medical Council of India (in short "MCI").

4. Both counsels concede that the marks obtained in the concerned subject by the petitioners in the captioned matters will have to be re- evaluated in the light of the following judgment: Maharashtra University of Health Sciences Vs. Paryani Mukesh Jawaharlal & Ors. (2007) 10 SCC

201. It is further submitted by counsel that if marks are re-evaluated as per the ratio of the aforementioned judgment, the petitioners would have to be declared passed.

5. For the purpose of convenience, Mr. Singhdev has placed before me a chart setting out the name of each of the petitioners and the relevant subject in which she/he has been declared failed and the reason as to why he/she has come to such a pass.

6. The details given by Mr. Singhdev are set up hereafter:-

Third Professional M.B.B.S. Examination, 2019 S.No Subject in Particulars Reason which the concerned petitioner has failed

1. Medicine W.P. (C) Vipul Internal Assessment No. marks have been added to 1925/2020 the total

-failed by 4 marks in 2nd Internal Assessment Paper

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