Case Note & Summary
The petitioners, Vishweshwara C and Shashank S. Reddy, were first-year MBBS students at Srinivas Institute of Medical Sciences and Vydehi Institute of Medical Sciences respectively. They filed writ petitions under Article 226 of the Constitution of India challenging Regulation 5 of the Ordinance dated 01.02.2021 issued by the Rajiv Gandhi University of Health Sciences (RGUHS). The petitioners contended that the ordinance was incomplete, arbitrary, and sought to infuse inequality, thereby violating Article 14. They argued that the revaluation fee and procedure were not uniform and would create discrimination among students. The respondents, represented by the Registrar (Evaluation) and the University, defended the ordinance as a valid exercise of university autonomy. The court, after hearing arguments and reserving orders on 06.08.2021, pronounced judgment on 17.12.2021. The court held that the ordinance applies uniformly to all students and does not create any classification that would violate Article 14. The university has the authority to prescribe revaluation rules, and the ordinance is complete and reasonable. The court dismissed the petitions, upholding the validity of the ordinance.
Headnote
A) Constitutional Law - Article 14 - Reasonable Classification - University Ordinance prescribing uniform revaluation fee and procedure for MBBS examinations - The court examined whether the ordinance created inequality among students - Held that the ordinance applies uniformly to all students and does not discriminate, thus not violative of Article 14 (Paras 1-10). B) Education Law - University Ordinance - Revaluation Procedure - Regulation 5 of RGUHS Ordinance dated 01.02.2021 - The court considered the challenge that the ordinance was incomplete and arbitrary - Held that the university has the autonomy to prescribe revaluation rules and the ordinance is complete and reasonable (Paras 1-10).
Issue of Consideration
Whether Regulation 5 of the Ordinance dated 01.02.2021 issued by Rajiv Gandhi University of Health Sciences is incomplete, arbitrary, and violative of Article 14 of the Constitution of India.
Final Decision
The court dismissed the writ petitions, upholding the validity of Regulation 5 of the Ordinance dated 01.02.2021 issued by Rajiv Gandhi University of Health Sciences.
Law Points
- Ordinance validity
- Article 14
- revaluation fee
- university autonomy
- MBBS examination
