Prateek Jain v. Rajiv Gandhi University of Health Sciences Represented by its Vice Chancellor
2015-12-08
H.G.RAMESH
body2015
DigiLaw.ai
ORDER : H.G. Ramesh, J. 1. 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. 2. I have heard learned counsel for the parties and perused the record. 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 as per the Notification dtd. 15.06.2012 of Rajiv Gandhi University of Health Sciences. He submitted that the difference in percentage between two valuations in both the two papers stated above exceed 15% and therefore, both papers require to be referred to a third valuer as per the aforesaid Notification. 3. It is relevant to refer to the aforesaid Notification to the extent it is relevant to determine the question raised herein:- “Ref: Auth/III & V Valuation/208/201213 Date: 15/06/2012 NOTIFICATION ………………………………………………………………………… 1. TITLE & COMMENCEMENT: (i) This Ordinance may be called “Ordinance Governing Multiple valuation”. (ii) This Ordinance shall come into force with effect from the examination conducted on or after 15/06/2012 2. DEFINITIONS: (i) General Valuation– means the TWO valuations conducted as per Ordinance Governing for UG courses and TWO/FOUR valuations conducted as per Ordinance Governing valuations of the PG courses (wherever applicable). (ii) REVALUATION – means the valuation conducted by the 3rd or the 5th examiner for UG and PG as the case may be as per this Ordinance wherein the deviation between any two valuations in the general valuation is =15% or = 10% as the case may be. 3. APPLICABILITY: This Ordinance shall apply to only theory papers of all under graduate and post graduate University conducted theory examinations and is not applicable for viva/clinical/practical examinations. This Ordinance is not applicable to Ph.D, Super specialty and Fellowship programme examinations. 4. PROCEDURE FOR MULTIPLE VALUATION: (i) All the answer scripts which are subjected for double valuation, wherein the difference in award of marks between TWO valuations is =15% shall be referred to THIRD examiner appointed by Vice-Chancellor chosen from the approved panel.
This Ordinance is not applicable to Ph.D, Super specialty and Fellowship programme examinations. 4. PROCEDURE FOR MULTIPLE VALUATION: (i) All the answer scripts which are subjected for double valuation, wherein the difference in award of marks between TWO valuations is =15% shall be referred to THIRD examiner appointed by Vice-Chancellor chosen from the approved panel. (ii) All the answer-scripts which are subjected for four valuations, wherein the difference in award of marks between FOUR valuations is =10%, shall be referred to FIFTH examiner appointed by Vice-Chancellor chosen from an approved panel. (iii) The average of BEST OF TWO OUT OF THREE VALUATION marks or the average of BEST OFFOUR OUT OF FIVE VALUATION MARKS as the case may be shall be considered for the final computation of the results. (iv) The marks awarded and the results declared after considering this notification shall be final and under no circumstances further valuation shall be entertained. ……..” (emphasis supplied) 4. As could be seen from the above Notification, if the difference in percentage of marks between two valuations relating to theory papers of Under Graduate courses is equal to or more than 15%, then such answer-scripts shall have to be referred to a third valuer. The difference in percentage between the two valuations will have to be determined on the basis of total marks awarded for each paper by each of the two valuers and not on the basis of marks awarded to a particular question by each of the two valuers. 5. It is not in dispute that theoryI & theoryII question papers consist of 100 marks each. In theory-I, first valuer has given 34 marks and second valuer has given 45.75 marks. In theory-II, first valuer has given 43 marks and second valuer has given 49.75 marks. The aforesaid marks awarded are for 100 marks, and, hence, they represent the percentage obtained. If that be so, the difference in percentage between the two valuers in each of the two papers will not be equal to or more than 15%. Therefore, the prayer for third valuation cannot be granted as per the Notification extracted above. The writ petition is accordingly dismissed. Petition dismissed.