Case Note & Summary
The petitioner, Sri Jeevith C. Reddy, a student of M.B.B.S. at Rajarajeshwari Medical College, Bangalore, appeared for the Phase-1 examination in June 2011 with Reg.No.10M3131. He scored good marks in all subjects except Anatomy, where he obtained 119 out of 240 marks. The minimum passing aggregate was 50%, i.e., 120 marks. He fell short by one mark. The petitioner sought a writ of certiorari to quash the Ordinance dated 22.03.2010 passed by the Syndicate of Rajiv Gandhi University of Health Sciences governing revaluation, and a writ of mandamus to declare him as passed. The university's revaluation rules provided that answer papers are valued by two experts, and if the difference exceeds 15 marks, a third expert values it; the aggregate is calculated by adding the lowest total marks in three valuations. The court found no arbitrariness in the ordinance and dismissed the petition, noting that the petitioner failed to secure the minimum required marks.
Headnote
A) Education Law - Revaluation Procedure - University Ordinance - Rajiv Gandhi University of Health Sciences Ordinance dated 22.03.2010 - The petitioner challenged the ordinance governing revaluation and sought a declaration of pass in Anatomy examination. The court held that the petitioner having obtained 119 out of 240 marks, falling short of the minimum 120 marks by one mark, cannot be granted relief as the rules were not arbitrary. (Paras 1-3)
Issue of Consideration
Whether the petitioner is entitled to be declared as passed in the Anatomy examination despite falling short of the minimum passing marks by one mark, and whether the revaluation ordinance of the university is arbitrary.
Final Decision
The High Court dismissed the writ petition, holding that the petitioner failed to secure the minimum passing marks and the ordinance was not arbitrary.
Law Points
- Revaluation procedure
- University ordinance
- Writ of certiorari
- Writ of mandamus
- Examination rules
- Minimum passing marks
Case Details
2013 LawText (KAR) (02) 4
Writ Petition No:530/2012(EDN-EX)
S.R. Ravi Prakash (for petitioner), N.K. Ramesh (for respondent)
Register (Evaluation), Rajiv Gandhi University of Health Sciences
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging university ordinance and seeking declaration of pass in examination.
Remedy Sought
Petitioner sought a writ of certiorari to quash the Ordinance dated 22.03.2010 and a writ of mandamus to declare him as passed in Anatomy examination.
Filing Reason
Petitioner obtained 119 out of 240 marks in Anatomy, falling short of the minimum 120 marks by one mark, and challenged the revaluation ordinance.
Issues
Whether the revaluation ordinance of the university is arbitrary and liable to be quashed.
Whether the petitioner is entitled to be declared as passed despite securing one mark less than the minimum.
Submissions/Arguments
Petitioner argued that he scored good marks in other subjects and fell short by only one mark in Anatomy.
Respondent university defended the ordinance and the revaluation procedure.
Ratio Decidendi
The court held that the university's revaluation ordinance was not arbitrary and the petitioner, having obtained only 119 out of 240 marks, fell short of the minimum 120 marks required to pass, and thus no relief could be granted.
Judgment Excerpts
The petitioner has sought for a writ of certiorari to quash the Ordinance governing the revaluation dated 22.03.2010 passed by the Syndicate of Rajiv Gandhi University of Health Sciences...
The petitioner has obtained total marks of 119 out of 240 in Anatomy-2 subject during Phase-1 examination on June 2011. He should have got minimum 120 marks and he fell short of by one mark...
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bangalore on 18.02.2013, challenging the university's revaluation ordinance and seeking a declaration of pass.
Acts & Sections
- Constitution of India: Article 226
