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

Jan 24 2013, 02:26 IST
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SummaryThe Bombay High Court has held that Maharashtra Government or any University in the State can prescribe higher standards of examination than laid down by the Dental Council of India for passing MDS course.

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 theory examination) and it is not necessary that a candidate should secure 50 per cent marks in every paper.

By stipulating these rules, MUHS has acted contrary to the norms stipulated by Dental Council of India, the petitioner argued.

The High Court, however, opined that prescription of a higher norm does not adversely affect the standards prescribed by a central body acting under Central legislation.

What is impermissible for the State is to lower the standards of education prescribed under Central legislation, the Judge said while dismissing the petition.

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