Shankar Bukya v. Secretary of Education, Government of Telangana
2018-07-12
RAMESH RANGANATHAN, T.B.RADHAKRISHNAN
body2018
DigiLaw.ai
ORDER : 1. The petitioner, a Government doctor, underwent a course of study leading to MD in Microbiology. His plea before the learned single Judge in an earlier round was that he is entitled to grace marks to pass in the MD course. That was rejected by the learned single Judge. That decision was challenged. The Division Bench considered the issue and held that the petitioner had a deficit of 8 marks in the MD Microbiology Examination and, therefore, there was no question of issue of writ of mandamus. However, a direction was issued to consider the matter sympathetically. The decision of the respondents denying grace marks stands confirmed by the learned single Judge and the Division Bench. The Bench decision is sought to be reviewed. 2. Learned counsel for the petitioner pointed out that the petitioner belongs to Scheduled Tribe community and would obviously stand supported with MD qualification for further promotion. He pleaded that a compassionate approach in the matter of grant of grace marks would only add to the career of the petitioner, who is a Scheduled Tribe candidate. 3. There is no constitutional mandate or deducible concept to provide support, in the field of education, by classifying the students on the basis of community for the purpose of grant of marks. There is no constitutional provision which provides room even for the Executive to do that. Therefore, the petitioner's plea that he be granted grace marks on account of the fact that he belongs to Scheduled Tribe community does not impress us. There is, therefore, absolutely no room for the judiciary to step in and grant any such order. 4. Beyond the aforesaid, it is the fact that we are dealing with award of marks in a Post Graduation Medical Course. Whatever be the little allowances that we may try to visualize, at least remotely, as deducible in such matters, by any establishment or University at the Graduation level, that can never be permitted to be carried on to the Post Graduation and Super Specialty levels because that would be contrary to the seminal public interest involved in ensuring augmentation of educational quality, acumen and skills leading to conferment of Post Graduation qualifications; even to hold posts which require higher qualifications. 5.
5. All that apart, having perused the judgment of the Division Bench, which is sought to be reviewed, we do not see any error apparent on the face of record of the said judgment. Nor is there any other ground made out in terms of law to review the decision under Article 226 of the Constitution of India and Letters Patent. This application is, therefore, dismissed.