Case Note & Summary
The petitioner, Jinil Raj J.R., was a student pursuing his Master Degree in Physiotherapy at Dr. M.V. Shetty College of Physiotherapy (third respondent), affiliated to Rajiv Gandhi University of Health Sciences (first and second respondents). He appeared for the third semester examination in December 2019 and was dissatisfied with the marks awarded in three subjects: Principles of Physiotherapy Practice and Research (QP Code 8121), Physical and Functional Diagnosis (QP Code 8122), and Physiotherapeutic (QP Code 8123). He applied for revaluation under the university's Multiple Valuation Notification dated 29.03.2019 (Annexure-E). After revaluation, his marks were revised but he still found them unsatisfactory. He then sought a third evaluation, which the university declined. Aggrieved, he filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction for a third evaluation. The court examined the notification and found that it provides only for revaluation and second evaluation, with no provision for a third evaluation. The court held that the right to revaluation is a statutory right and not a common law right, and the court cannot direct a third evaluation beyond the statutory framework. The petition was dismissed.
Headnote
A) Education Law - University Examination - Revaluation - Third Evaluation - Right to revaluation is a statutory right and not a common law right - The petitioner sought a third evaluation of his answer scripts under the Multiple Valuation Notification dated 29.03.2019 - The court held that the notification only provides for revaluation and second evaluation, and there is no provision for a third evaluation - The court cannot direct a third evaluation beyond the statutory framework - Held that the petitioner is not entitled to a third evaluation (Paras 1-4).
Issue of Consideration
Whether a student is entitled to a third evaluation of answer scripts when the university regulations provide only for revaluation and second evaluation, and whether the court can direct a third evaluation beyond the statutory framework.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Right to revaluation is statutory
- not common law
- No right to third evaluation unless provided by regulations
- University regulations must be strictly construed
- Writ court cannot direct third evaluation beyond regulations
Case Details
2020 LawText (KAR) (07) 216
Sri. M.A. Sebastian (for petitioner), Sri. N.K. Ramesh (for respondents 1 & 2)
Rajiv Gandhi University of Health Sciences, The Registrar Evaluations, Dr. M.V. Shetty College of Physiotherapy
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition seeking direction for third evaluation of answer scripts in university examination.
Remedy Sought
Direction to respondents 1 and 2 for a third evaluation of the papers QP Code 8121, 8122, and 8123 in terms of the Multiple Valuation Notification dated 29.03.2019.
Filing Reason
Petitioner was dissatisfied with the marks awarded after revaluation and sought a third evaluation, which was denied by the university.
Issues
Whether the petitioner is entitled to a third evaluation of answer scripts under the university's Multiple Valuation Notification dated 29.03.2019.
Whether the court can direct a third evaluation beyond the statutory framework provided by the university regulations.
Submissions/Arguments
Petitioner argued that he is entitled to a third evaluation under the Multiple Valuation Notification dated 29.03.2019.
Respondents argued that the notification only provides for revaluation and second evaluation, and there is no provision for a third evaluation.
Ratio Decidendi
The right to revaluation is a statutory right and not a common law right. The court cannot direct a third evaluation beyond the statutory framework provided by the university regulations. The Multiple Valuation Notification dated 29.03.2019 only provides for revaluation and second evaluation, and there is no provision for a third evaluation.
Judgment Excerpts
Petitioner, who is pursuing his Master Degree in Physiotherapy in the third respondent – College, has approached this court in this writ petition with a prayer to direct the first and second respondents for a third evaluation of the papers QP Code No.8121...
The right to revaluation is a statutory right and not a common law right. The court cannot direct a third evaluation beyond the statutory framework provided by the university regulations.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petition came up for preliminary hearing in 'B' group and was disposed of on 10.07.2020.
Acts & Sections
- Constitution of India: Articles 226, 227
