A change in examination pattern by universities can be made applicable only to new entrants and not to existing students who would have a legitimate expectation that the pattern in vogue at the time of their admission would continue without a change until they complete the course, the Madras High Court Bench here has held.
Justice K. Ravichandra Baabu passed the order while deciding a writ petition filed by a Master of Dental Surgery student who failed in the final year examinations due to a change in the pattern by Tamil Nadu Dr. MGR Medical University. The judge allowed her petition and directed the university to declare that she had passed.
The petitioner, Anjali Devi (name changed), had joined the three-year MDS course in a college in Kanyakumari district in May 2011 and appeared for the final year examinations in April 2014. Then, she passed in the theory papers as well as dissertation but failed in clinical examination and viva voce.
Hence, she decided to take up the supplementary examination in October 2014. However, by then the university had changed the pattern of examinations from component system (under which theory and practical examinations are considered as separate components) to composite system (which requires students to pass both theory and practical at one go).
Left with no other option, she appeared for both theory and practical once again in October 2014. But, this time, the university had introduced many changes in the theory papers. Therefore, she passed in the clinical examination and failed in the theory papers and hence the writ petition.
Holding that it was not fair on the part of the university to force old students to write examinations as per a new pattern, the judge said: “I am of the view that the petitioner having passed three theory examinations in April 2014, she has to be declared pass by applying the Component System as she has passed in the clinical examination and viva voce in October 2014 examination.
“Accordingly, I find every justification in allowing the writ petition since the career of a student should not be spoiled due to unnecessary confusion caused by the university and unwarranted compulsion thrust upon her to rewrite the passed theoretical examination once again.”
Justice K. Ravichandra Baabu passed the order while deciding a writ petition filed by a Master of Dental Surgery student who failed in the final year examinations due to a change in the pattern by Tamil Nadu Dr. MGR Medical University. The judge allowed her petition and directed the university to declare that she had passed.
The petitioner, Anjali Devi (name changed), had joined the three-year MDS course in a college in Kanyakumari district in May 2011 and appeared for the final year examinations in April 2014. Then, she passed in the theory papers as well as dissertation but failed in clinical examination and viva voce.
Hence, she decided to take up the supplementary examination in October 2014. However, by then the university had changed the pattern of examinations from component system (under which theory and practical examinations are considered as separate components) to composite system (which requires students to pass both theory and practical at one go).
Left with no other option, she appeared for both theory and practical once again in October 2014. But, this time, the university had introduced many changes in the theory papers. Therefore, she passed in the clinical examination and failed in the theory papers and hence the writ petition.
Holding that it was not fair on the part of the university to force old students to write examinations as per a new pattern, the judge said: “I am of the view that the petitioner having passed three theory examinations in April 2014, she has to be declared pass by applying the Component System as she has passed in the clinical examination and viva voce in October 2014 examination.
“Accordingly, I find every justification in allowing the writ petition since the career of a student should not be spoiled due to unnecessary confusion caused by the university and unwarranted compulsion thrust upon her to rewrite the passed theoretical examination once again.”
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