MBBS student fails by one mark, but Karnataka HC gives no respite
DECCAN CHRONICLE. | SHASHIPRASAD SM
Published Dec 3, 2017, 3:21 am IST
He has been a good student and he does not have any backlog subjects.
Karnataka High Court
Bengaluru: Every mark scored has its own value, especially in situations when that single mark turns out to be a decider about your academic standard and even your future.
In one such situation, a final year MBBS student, who fell short of a mark to obtain minimum pass marks in a subject had approached High Court seeking directions to the authorities to revaluate his answer scripts pertaining to Obstetrics and Gynaecology, Theory papers 1 and 2 and to further apply the system of moderation or awarding of grace marks in accordance with MCI guidelines and other incidental and ancillary reliefs.
However, the court refused to grant any relief to the student citing that it cannot interfere in matters pertaining to academic standards, particularly with regard to evaluation of answer scripts.
It said that no relief can be granted to the student except directing the University to accept the fee for supplementary examination, which is to take place in December-2017, in the event the student tenders the fee within a stipulated period as directed.
Earlier the advocate for the student had submitted that the student appeared for the examination in Obstetrics and Gynaecology in his Final Year MBBS Course. He has been a good student and he does not have any backlog subjects. It is also noted that he has failed in Theory Papers 1 and 2, Theory Viva-voce in Obstetrics and Gynaecology paper, his advocate had argued, adding that the University ought to have granted 'five' grace marks.
But even after getting those grace marks, his total would be 119 out of 240 marks (currently it is 114). He would still be short by 'one' mark, as it is necessary to have at least 120 out of 240 marks (50%) to secure a pass in a subject.
In respect of certain answers, it was argued that the evaluator has awarded 'zero' marks, which is impermissible. In circumstances, the advocate had sought relief for the petitioner, so that he could clear the final year MBBS course and take up his housemanship or permit him to enroll for housemanship and in the interregnum he would clear his papers in Obstetrics and Gynaecology.
However, the advocate for the University submitted that no doubt grace marks have not been awarded in this case, but even after grace marks the petitioner would be short by one mark. That revaluation of the papers has already taken place. Despite that, the petitioner has not been able to clear his papers. That the Rules do not provide for revaluation of the answer scripts once again through an expert of the University or an outside expert, it argued.
After taking the submissions into account, the court was of the option that in this case no right of the student has been violated. "Even if a direction is to be issued to the respondent-University to award grace marks to the petitioner in the instant case, as it has not been awarded, that would not give any redressal of petitioner's grievance as he would still be short by one mark and cannot clear the papers in the subject Obstetrics and Gynaecology. In the circumstances, writ petition is dismissed," court ordered.
DECCAN CHRONICLE. | SHASHIPRASAD SM
Published Dec 3, 2017, 3:21 am IST
He has been a good student and he does not have any backlog subjects.
Karnataka High Court
Bengaluru: Every mark scored has its own value, especially in situations when that single mark turns out to be a decider about your academic standard and even your future.
In one such situation, a final year MBBS student, who fell short of a mark to obtain minimum pass marks in a subject had approached High Court seeking directions to the authorities to revaluate his answer scripts pertaining to Obstetrics and Gynaecology, Theory papers 1 and 2 and to further apply the system of moderation or awarding of grace marks in accordance with MCI guidelines and other incidental and ancillary reliefs.
However, the court refused to grant any relief to the student citing that it cannot interfere in matters pertaining to academic standards, particularly with regard to evaluation of answer scripts.
It said that no relief can be granted to the student except directing the University to accept the fee for supplementary examination, which is to take place in December-2017, in the event the student tenders the fee within a stipulated period as directed.
Earlier the advocate for the student had submitted that the student appeared for the examination in Obstetrics and Gynaecology in his Final Year MBBS Course. He has been a good student and he does not have any backlog subjects. It is also noted that he has failed in Theory Papers 1 and 2, Theory Viva-voce in Obstetrics and Gynaecology paper, his advocate had argued, adding that the University ought to have granted 'five' grace marks.
But even after getting those grace marks, his total would be 119 out of 240 marks (currently it is 114). He would still be short by 'one' mark, as it is necessary to have at least 120 out of 240 marks (50%) to secure a pass in a subject.
In respect of certain answers, it was argued that the evaluator has awarded 'zero' marks, which is impermissible. In circumstances, the advocate had sought relief for the petitioner, so that he could clear the final year MBBS course and take up his housemanship or permit him to enroll for housemanship and in the interregnum he would clear his papers in Obstetrics and Gynaecology.
However, the advocate for the University submitted that no doubt grace marks have not been awarded in this case, but even after grace marks the petitioner would be short by one mark. That revaluation of the papers has already taken place. Despite that, the petitioner has not been able to clear his papers. That the Rules do not provide for revaluation of the answer scripts once again through an expert of the University or an outside expert, it argued.
After taking the submissions into account, the court was of the option that in this case no right of the student has been violated. "Even if a direction is to be issued to the respondent-University to award grace marks to the petitioner in the instant case, as it has not been awarded, that would not give any redressal of petitioner's grievance as he would still be short by one mark and cannot clear the papers in the subject Obstetrics and Gynaecology. In the circumstances, writ petition is dismissed," court ordered.
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