Despite rules, higher standards can be set for passing exam: HC

"Ultimately, that is the test that is now enunciated by Supreme Court in cases such as this", the judge observed.

The Court was hearing a petition filed by Jasmin Rupani who had appeared for MDS final examination in June 2012 in Orthodontics and Dentofacial Orthopedics at Y.M.T. Dental College, Navi Mumbai.

In the results declared on August 4, the petitioner was declared to have failed the examination as she did not secure 50 per cent in every paper. She applied for revaluation on August 7, 2012, of which results are pending.

In these proceedings, the petitioner had challenged the legality and validity of the Rules framed by MUHS in regard to the standard of passing on the ground that they are contrary to rules framed by Dental Council of India.

The DCI rules prescribed that a candidate shall secure an aggregate of 50 per cent marks in the theory examination comprising four subjects of 75 marks each.

However, MUHS stipulated that every candidate has to secure a minimum of 50 per cent marks in each paper of the theory examination and a minimum of 50 per cent marks in the practicals.

According to the petitioner, the standard of passing which has been prescribed by MUHS is inconsistent with the criteria for passing stipulated by the Dental Council of India and is, therefore, unlawful.

The petitioner submitted that under the criteria prescribed by Dental Council of India, a candidate has to secure 50 per cent of the total marks allotted (150 out of 300 for the

... contd.