Case Note & Summary
The petitioner, a student of 2nd year MBBS at Bangalore Medical College and Research Institute, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the Rajiv Gandhi University of Health Sciences (RGUHS) to appoint a separate third evaluator to evaluate his answer scripts in Microbiology Theory-I and Theory-II. The petitioner contended that as per the University's regulations, theory examination papers of the MBBS course are valued by two valuers, and if the difference in percentage between the two valuers is more than 15%, the answer scripts must be referred to a third valuer. The petitioner's counsel submitted that the difference in marks awarded by the two valuers exceeded 15%, entitling him to a third valuation. The learned counsel for the University did not dispute this position. The court, after hearing the parties and perusing the record, found that the University regulations indeed provide for a third valuer in such circumstances. Accordingly, the court directed the University to appoint a third valuer to evaluate the petitioner's answer scripts in Microbiology Theory-I and Theory-II within two weeks from the date of receipt of the order. The court further directed that the results of the petitioner be declared based on the marks awarded by the third valuer. The writ petition was disposed of with these directions.
Headnote
A) Education Law - Examination Valuation - Third Valuer - Discrepancy Threshold - Rajiv Gandhi University of Health Sciences Regulations - Petitioner sought direction for appointment of third valuer for MBBS theory papers where difference between two valuers exceeded 15% - Court held that as per University regulations, if difference in percentage between two valuers is more than 15%, answer scripts shall be referred to a third valuer - University directed to appoint third valuer and declare results accordingly (Paras 1-4).
Issue of Consideration
Whether the petitioner is entitled to a direction for appointment of a third valuer for evaluation of his answer scripts where the difference in marks between two valuers exceeds 15%.
Final Decision
The writ petition is disposed of directing the University to appoint a third valuer to evaluate the petitioner's answer scripts in Microbiology Theory-I and Theory-II within two weeks from the date of receipt of the order. The results of the petitioner shall be declared based on the marks awarded by the third valuer.
Law Points
- Examination valuation
- third valuer
- discrepancy threshold
- university regulations
- writ jurisdiction
Case Details
2015 LawText (KAR) (12) 12
Writ Petition No.51352/2015 (EDN-RES)
Sri Pavan Chandra Shetty (for petitioner), Sri Lohitaswa Banakar (for R-1 & R-2), Smt. Sumana Baliga (for R-3)
Rajiv Gandhi University of Health Sciences, Bangalore Medical College and Research Institute
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition seeking direction for appointment of third valuer for evaluation of answer scripts.
Remedy Sought
Direction to respondents to appoint a separate third evaluator to evaluate the subject Microbiology Theory-I and Theory-II papers of the petitioner.
Filing Reason
Difference in marks between two valuers exceeded 15% as per university regulations, entitling petitioner to third valuation.
Issues
Whether the petitioner is entitled to a third valuer for his answer scripts where the difference in marks between two valuers exceeds 15%.
Submissions/Arguments
Petitioner's counsel submitted that as per University regulations, if difference in percentage between two valuers is more than 15%, answer scripts shall be referred to a third valuer. Learned counsel for the University did not dispute this position.
Ratio Decidendi
Where the difference in percentage between two valuers of examination answer scripts exceeds 15%, the University is bound to refer the scripts to a third valuer as per its regulations.
Judgment Excerpts
In this writ petition, petitioner has sought for a direction to appoint a third valuer to value his examination answer-scripts relating to Micro Biology - theory-I & theory-II of 2nd year M.B.B.S. course of Rajiv Gandhi University of Health Sciences.
Learned counsel for the petitioner submitted that, University conducted theory examination papers of M.B.B.S. Course is valued by two valuers, and, if difference in percentage between the two valuers is more than 15%, then such answer-scripts shall have to be referred to a third valuer.
Learned counsel for the University does not dispute this position.
In the circumstances, the writ petition is disposed of directing the University to appoint a third valuer to evaluate the petitioner's answer-scripts in Micro Biology - theory-I & theory-II within two weeks from the date of receipt of this order. The results of the petitioner shall be declared based on the marks awarded by the third valuer.
Procedural History
The writ petition was filed under Articles 226 and 227 of the Constitution of India. It came up for preliminary hearing in 'B' group and was disposed of on the same day.
Acts & Sections
- Constitution of India: Articles 226, 227
