Karnataka High Court
Anand Biradar vs The State Of Karnataka on 8 December, 2015
Author: A.S.Bopanna
Bench: A.S. Bopanna
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF DECEMBER, 2015
BEFORE
THE HON'BLE MR. JUSTICE A.S. BOPANNA
WRIT PETITION No.20962/2015 (EDN-EX)
Between:
Anand Biradar
S/o Basawaraj Biradar
Age: 21 years, Occ: Student
R/o H.No.11-1220/KHB/59
Shanti Nagar, Near PTC Quarters
Kalaburagi - 585 102
....Petitioner
(By Sri Shivanand Patil, Advocate)
And:
1. The State of Karnataka
Represented by
Department of Medical Education
Vidhan Soudha, Bangalore - 01
2. The Rajiv Gandhi
University of Health Science
Karnataka 4th T-block
Jaya Nagar, Bangalore - 560 041
Represented by its Registrar
3. The Bidar Institute of Medical Science
Bidar - 585 401
.... Respondents
(By Sri A. Syed Habeeb, AGA for R1;
Sri R.V. Nadagouda, Advocate for R2;
Sri Vilas Rao More, Advocate for R3)
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This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India praying to quash the rejection letter
dated 08.04.2015 passed on the file
No.Reg.(E)/Exam/MBBS/June-2015/2015-16, which is at
Annexure-D, etc.
This Writ Petition coming on for Preliminary Hearing in
'B' Group this day, the Court made the following:
ORDER
The petitioner is before this Court assailing the letter dated 08.04.2015 impugned at Annexure-D to the petition. On amending the prayer, the petitioner has also sought for declaration of the result of the petitioner by incorporating theory and practical examination marks and in that regard to consider the representation of the petitioner.
2. The petitioner is pursuing his MBBS Course in the third respondent-institution which is affiliated to the second respondent - University. The petitioner having successfully completed I-Phase MBBS course was pursuing II-Phase of the said course. In the usual -3- course, the examinations for the II-Phase MBBS course was announced and the theory papers were scheduled from 19.12.2014 to 31.12.2014. The practical examinations were scheduled to be held from 04.01.2015 to 11.01.2015. The petitioner had appeared for the theory examinations but had unfortunately met with a road accident on 02.01.2015. He underwent treatment as an inpatient and was discharged on 28.01.2015. In that view of the matter, the petitioner was unable to attend the practical examinations during the said period. His result for the practical examinations was shown as absent and theory marks had been assigned. Since the respondents indicated to the petitioner that the petitioner not having appeared for the practical examinations and in view of the composite marks of the theory and practical not being available to the petitioner, he would have to re-appear for theory and practical examinations.
3. The petitioner therefore approached this Court in this petition seeking consideration of his request to -4- permit him to appear only for the practical examinations of the II-Phase of MBBS course and consider the marks to be obtained therein along with the theory marks of the examinations for which he had appeared during the second half of December 2014. This Court by the interim order dated 14.05.2015 permitted the petitioner to appear for the practical examinations which was however made subject to the result of this petition. The petitioner having appeared for the practical examinations though has fared well as indicated in the marks sheet at Annexure-G to the petition has been declared as failed since the marks obtained in the theory component does not form part of the marks that has been indicated therein. It is in that light, consideration requires to be made in the instant petition.
4. The contention on behalf of the petitioner is in terms of the sequences that has been noticed above to contend that he had been prevented by a cause which was beyond his control from appearing for the practical -5- examinations and considering the fact that the petitioner fared well in the I-Phase and had also taken admission to III-Phase, if the petitioner is directed to appear for the theory as well as practical examinations of II-Phase once over again, great prejudice would be caused to him since he has passed both in the theory as well as practical examinations though he had appeared for the same at different point in time. The reason for the same is evident that he had met with a road accident and he was undergoing treatment.
5. The learned counsel for the respondents would refer to the Regulation 9 which prescribes the criteria for pass relating to MBBS degree course. The criteria no doubt indicates that the aggregate marks of theory component and the practical/clinical examinations component is to be taken into consideration and based on the marks obtained therein, percentage as obtained by the candidate is to be indicated after working out the aggregate. The learned counsel would therefore contend -6- that when the petitioner has not appeared for the practical examinations when it was conducted on 04.01.2015 to 11.01.2015, which was continuing part of the same II-Phase examinations subsequent to theory examination on 19.12.2014 to 31.12.2014, the aggregate marks cannot be worked out as the practical examination marks were not available. It is his contention that though the petitioner has subsequently appeared for the practical examinations and the marks thereof is indicated through Annexure-G, the same was only pursuant to the interim order granted by this Court which in any event is made subject to the result of the petition and as such, the benefit of the same would be available only depending on the result of this petition. In that light, he contends that when a student has not appeared in the scheduled examination, the benefit cannot be granted to such student as it would set a bad precedent and the respondents would not be in a position to regulate the examination process if the regulations are -7- not strictly adhered. Therefore, he contends that prayer made in the petition is liable to be rejected.
6. In the light of the rival contentions, insofar as requirement of the regulations and the criteria for pass as prescribed therein, there can be absolutely no dispute whatsoever. The marks obtained in the theory as well as practical/clinical examinations would have to be taken into consideration and the aggregate to be worked out based on which result is to be declared. However, the issue for consideration herein is as to whether petitioner should be granted the benefit of the practical examination marks which had been secured by the petitioner in the examination taken subsequently as permitted by this Court by the interim order and as to whether the said marks being taken along with the theory examinations marks, is to be permitted for working out aggregate marks of the petitioner to indicate the result of the petitioner in the II-Phase of MBBS course.
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7. No doubt, in a normal circumstance, if a student absents himself for any part of the examination and there is no valid reason to do so, this Court cannot step in to consider such cases. However, when certain extraordinary circumstances beyond the control of the student arise in particular facts, this Court cannot remain oblivious to such situation since the interest of justice would require that the regulations are to be appropriately applied in the circumstances to arrive at just conclusion in the matter. If that be the position, in the instant facts there is no serious dispute to the fact that the petitioner had met with an accident and was undergoing treatment as an inpatient during the period when the practical examinations were scheduled. The documents available with the petition would indicate that he had met with an accident on 02.01.2015 and he was shifted to Care Hospital, Hyderabad on 03.01.2015 for better treatment and was undergoing treatment as an -9- inpatient and was discharged on 28.01.2015 and was thereafter recovering from the injuries suffered.
8. If that be the position, certainly the petitioner had been prevented by a cause which was beyond his control, from appearing for the practical examinations. While taking note of this aspect what is also to be kept in view is that prior to the same the petitioner had appeared for theory examinations between the period from 19.12.2014 to 31.12.2014. The marks as has been obtained in the said examinations is depicted in the extract of the marks card which is at Annexure-B to the petition. To the said marks if the practical examinations marks as in Annexure-G is added, the aggregate as per the regulations can be worked out. In any event, it cannot be in dispute that the petitioner has fared well in the theory examinations. Thereafter, when he had been permitted to appear for the practical examinations he has also fared well in the practical examinations. Though the practical examinations have been taken up by the
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petitioner subsequently based on the interim order, what cannot be lost sight is that this Court being prima facie satisfied that the petitioner's interest should be protected had permitted the petitioner to take up the practical examinations though it was made subject to the result of this petition.
9. While considering the petition on merits, I have presently arrived at the conclusion that the petitioner was prevented from appearing for the practical examinations for a reason which was beyond his control and therefore, the subsequent opportunity granted by this Court to appear for the practical examinations would have to be taken as concession made by this Court to the petitioner in view of such difficult circumstances and the marks obtained in the said examination is also to be taken into consideration while working out the aggregate of the marks.
10. Therefore, if all these aspects of the matter are kept in view, I am of the opinion that the instant facts
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cannot be considered as a case which would arise in every situation but would have to be considered as an exception to the rule and direct the respondents to take into consideration the marks obtained by the petitioner in the theory examinations for which he had appeared during the period from 19.12.2014 to 31.12.2014 and marks obtained in the practical examinations for which he had appeared pursuant to the interim orders granted by this Court and the marks obtained therein as per Annexure-G to the petition. On taking into consideration the two components of the marks appearing in Annexure-B and Annexure-G to the petition, the aggregate marks as per the regulations ought to be worked out and the composite marks card including the total marks obtained by the petitioner and the result thereof shall be furnished to the petitioner.
11. Further, during the pendency of this petition, if the petitioner has been admitted to III-Phase of MBBS and if the result of the composite consideration of the
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marks of the II-Phase indicates that he has successfully completed II-Phase, the admission made to the III-Phase of MBBS shall be regularized and the petitioner shall be permitted to appear for the examinations of III-Phase of MBBS, subject to the petitioner satisfying the minimum required attendance in the said course. The above said process shall be completed by the respondents for issuing fresh composite marks card to the petitioner within three weeks from the date of receipt of copy of this order.
In terms of the above directions, the petition stands disposed of.
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JUDGE NB*