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Judgment
They are heard. 2. Grievance of the petitioner in this writ petition is that although he has passed M.B.B.S. Final Year Prof. Part II Examination conducted by respondent Jiwaji University in March, 2013, however, in the marks sheet issued by the University a note has been mentioned to the effect "The asterisk adjacent to marks denotes failure" and the aforesaid note is contrary to the regulations, although the petitioner has passed the aforesaid M.B.B.S. Examination by receiving grace marks.
The petitioner received total following marks:
In other subjects, the petitioner received passing marks. Because the petitioner received less than 50%, i.e. three marks less in the subjects Internal Assessment Theory/Practical, hence, in accordance with clause (i) of Regulation 11.3.9 of the Regulations On Graduate Medical Education, 2012 famed by Medical Council of India copy of which has been filed by the petitioner as Annexure P/2), which provides-that the grace marks up to a maximum of five marks may be awarded at the discretion of the University to a student who has failed only in one subject but has passed in all other subjects - the petitioner was awarded three marks as grace marks and he was declared passed. Aforesaid fact has been mentioned in the marks sheet of the petitioner as "PASS BY GRACE". An asterisk "*" mark has been made adjacent to total marks 097 obtained by the petitioner and subsequently, another noting at the bottom of the marks sheet has been made to the effect "The asterisk adjacent to marks denotes failure". However, the petitioner was not a failure, because he passed the examination after receiving grace marks and those marks have been awarded to the petitioner in accordance with the regulations of the Medical Council of India.
The word "asterisk" has been defined in Oxford Advanced Learner''s Dictionary of Current English (Eighth Edition) to mean noun the symbol (*) placed next to a particular word or phrase to make people notice it or to show that more information is given in another place.
In our opinion, mentioning asterisk mark adjacent to total marks 097 in the marks sheet of the petitioner is unnecessary, because the petitioner is not a failure. There is sufficient information in the marks sheet where it is mentioned "PASS BY GRACE". Hence, the petitioner, when passed by grace, could not be declared as failure.
Consequently, this writ petition is allowed. Respondent/University is directed to issue fresh marks sheet to the petitioner of M.B.B.S. FINAL PROF. PART-II Examination held in March, 2013, removing asterisk "*" mark made adjacent against TOTAL marks 097 and deleting the remark "The asterisk adjacent to marks denotes failure." made at the bottom of the marks sheet, within a period of four weeks from the date of receipt of copy of this order.
Petition stands allowed with the aforesaid.
No order as to costs.