Karnataka HC Upholds NMC Rule of Doing Away with Grant of Grace Marks in MBBS Exams, junks students' plea

Bengaluru: Observing that the evaluation standards and methodologies in any system of education depend on the in-charge academic bodies, the Karnataka High Court bench recently dismissed a batch of pleas challenging the National Medical Commission's (NMC) policy of not granting any grace marks in the MBBS exams.

Undergraduate medical students filed these pleas to urge the authorities to award five grace marks in the MBBS exam conducted in January as it would help them pass their examination.

They contended that under the Regulations on Graduate Medical Education (Amendment) 2019, there was a provision for grace marks and prayed to the Court to direct the authorities to extend the benefit of grace marks to them.

However, the HC bench of Justice S Sunil Dutt Yadav observed, "It is inherent in any system of education that evaluation standards and methodologies change and such an aspect is within the sole discretion of the academic bodies incharge of maintaining such standards."

In their plea, the petitioner submitted that in terms of the Regulations on Graduate Medical Education (Amendment) 2019, specifically Regulation 11.2.9 provides for an award of grace marks up to a maximum of five marks to be awarded at the discretion of the University and with such addition of grace marks, the candidates could clear the examination as a whole.

As per the candidates, despite the Guidelines issued by the Undergraduate Medical Education Board (UGMEB) of NMC on 01.08.2023, which specifically removed the award of grace marks, the benefit under the 2019 Regulations ought to prevail.

It was further their contention that the 2019 Regulations as regards Clause-2 to 14 contained in Chapter-I to V and the Appendices and Schedules included as Part-I of the 2019 Regulations shall be the governing Regulations with respect to batches admitted in MBBS Course until the academic year 2018-2019. Further, Part-II which consists of the remaining Chapters would be Regulations as regards students admitted in MBBS Course from academic year 2019-2020 onwards.

On the other hand, the counsel for Rajiv Gandhi University of Health Sciences (RGUHS) contended that the guidelines dated 01.08.2023 framed by UGMEB must be construed to be passed under power conferred under the Graduate Medical Education Regulations, 2023 and accordingly the contention that the 2023 Guidelines trace themselves to the 2019 Regulations cannot be accepted.

The University also pointed out that the 2023 guidelines have altered the passing criteria as the mandated of obtaining 50% marks in the University examination separately in theory and in practical examinations as per the 2019 Regulations has been relaxed and in terms of the new regulation, student obtaining 60:40 or 40:60 respectively in theory and in practical examination could still be declared to be passed. Therefore, the University's counsel argued that if the students seek grace marks, they are to be bound by the requirement of 50% as stipulated in the 2019 Regulations and cannot seek for the extension of 60:40 and 40:60 relaxed evaluation standards as provided under the 2023 Guidelines. 

Most of the petitioners not being eligible for being declared as passed under the 2019 Regulations, in light of their marks being below 50% cannot seek for benefit under 2023 Guidelines, which relaxes such standard, though does away with award of grace marks, the petitioners ought to elect to avail benefits under the 2019 Regulations in its entirety or the 2023 Guidelines and cannot seek to have the best of the 2019 Regulations (i.e. grace marks) and the relaxed criteria for passing (60:40 and 40:60) in terms of the 2023 Guidelines which however does away with award of grace marks, argued the RGUHS counsel.

Meanwhile, the counsel for the National Medical Commission (NMC) submitted that with respect to the examination held after the publication of CBME Guidelines 2023 i.e. from 01.08.2023 onwards, the said Guidelines would apply and in terms of those guidelines, there is no provision for awarding of grace marks. Apart from this, the NMC counsel submitted that the Guidelines of 2023 are framed in exercise of power under Section 10, 24, 25 and 57 of the National Medical Commission Act, 2019.

While considering the matter, the HC bench noted that the 2019 Regulations were framed under Section 33 of the Indian Medical Council Act, 1956. By virtue of the NMC Act, 2019, the Medical Council of India Act, 1956 came to be repealed, and the Medical Council of India stood dissolved.

Consequently, new set of regulations called the Graduate Medical Education Regulations, 2023 came to be notified on 02.06.2023 and was published in the Gazette. In terms of these regulations, Chapter-IV provides for "Minimum Standards of Requirements (MSR) for Medical Education". Regulation 19 states that, Medical Institutions shall follow the guidelines for Minimum Standards of Recruitment (MSR) for undergraduate medical education prescribed by the UGMEB of NMC from time to time.

"...in the present cases, the relief is as regards the award of grace marks for the examination in January 2024. By such time, the Regulations of 2023 and the UGMEB Guidelines were already in force. If that were to be so, the question of awarding grace marks does not arise as provided for under the guidelines," noted the Court.

"It is but a natural process of any education system to constantly re-invent the course and examination patterns in order to produce high quality professionals. If that were to be so, the promulgation of guidelines from time to time as regards examination must be looked at in the context of changes in, course and examination," the bench further observed.

Therefore, the bench rejected the petitions observing that

"It cannot be stated that the standards of Medical Education or evaluation process as existing on the date of admission of the students would continue till the end of the course nor can there be any vested right for continuation of the system of evaluation as it was at the time the students had joined the course."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/karnataka-hc-order-253638.pdf

Also Read: Grace Marks not Statutory right! HC upholds NMC provision, disposes of plea by MBBS students