Karnataka: Short of one mark, MBBS student approaches high court in vain
Bengaluru: A meritorious MBBS student stumbled at her final hurdle when she fell short of passing her final year exams by one mark! The student, Anamika (name changed), who had scored first class throughout the course, could not go for revaluation as difference of marks awarded by two evaluators for Obstetrics and Gynaecology paper was less than 15 per cent.
As she stood to lose six months, in order to appear for supplementary exams, she approached the high court.
Though the court was sympathetic to Anamika, it ruled that the relief has to be granted within the legal framework and dismissed the petition.
"It is obvious that the petitioner student would have passed the final year MBBS course provided she had secured one extra mark, but in this particular case the rules and regulations of Rajiv Gandhi University of Health Sciences (RGUHS) do not allow revaluation," the court observed.
Anamika's advocate had contended that though in the Candidate Marks Report the highest marks awarded was 51.5, the Registrar had considered her marks as 51. "RGUHS rules and regulations does provide for awarding five grace marks for students scoring 45 marks. The university ought to have considered the report and revaluated the paper as the margin was of only one mark. If the petitioner's paper for the subject Obstetrics and Gynaecology is revaluated and the petitioner is awarded even a couple of marks, she could have completed her course and saved nearly six months," her advocate had argued.
However, the RGUHS advocate had argued that regulations categorically state that if the total marks awarded by two different evaluators was more than 15 per cent, the student was eligible for revaluation. Hence in this case the petitioner's request for revaluation cannot be considered. The varsity also referred to a judgment passed by the Madhya Pradesh High Court in a similar case.
The court said it was unrealistic to expect the assessment by two different evaluators strictly in the same manner in awarding the same marks for a particular answer. It added that it was not uncommon to award different marks on account of perceptional difference.
"To a certain extent, human error, perceptions, oversight is obvious in the valuation. The slight difference of 10 marks awarded by two evaluators may not call for a revaluation," court ordered, stating the writ petition does not merit consideration and accordingly stands dismissed.
