Case Note & Summary
The petitioner, Twisha Amarnath Shetty, a III MBBS student at A.J. Shetty Institute of Medical Sciences, Mangaluru, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka. She sought a Writ of Mandamus directing the Rajiv Gandhi University of Health Sciences (respondent) to have her answer scripts in Microbiology Theory Papers I and II (QP Codes 1083 and 1084) from the December 2019 examination re-evaluated by a third independent examiner. The court, after hearing the petitioner's counsel Sri. Ajoy Kumar Patil and the respondent's counsel Sri. N K Ramesh, allowed the petition. The court directed the respondent University to subject the answer scripts to a third independent examiner and communicate the result to the petitioner within a specified period. The decision was based on the principle that students are entitled to fair evaluation, and in appropriate cases, courts can direct revaluation by an independent examiner.
Headnote
A) Education Law - Revaluation of Answer Scripts - Writ of Mandamus - Petitioner, a III MBBS student, sought revaluation of her Microbiology answer scripts by a third independent examiner - Court directed the respondent University to subject the answer scripts to a third independent examiner and communicate the result - Held that the petitioner is entitled to the relief sought (Paras 1-3).
Issue of Consideration
Whether the petitioner is entitled to a direction for revaluation of her answer scripts in Microbiology Theory Papers I and II by a third independent examiner.
Final Decision
The court allowed the writ petition and directed the respondent University to subject the answer scripts of the petitioner in Microbiology Theory Papers I and II (QP Codes 1083 and 1084) to a third independent examiner and communicate the result to the petitioner.
Law Points
- Writ of Mandamus
- Revaluation of answer scripts
- Third independent examiner
- Educational law
- University examination
