Madhya Pradesh High Court
Sudhakar Kewat vs The Madhya Pradesh Medical Science ... on 22 June, 2022
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 22nd OF JUNE, 2022
WRIT PETITION No. 6983 of 2022
Between:-
1. SUDHAKAR KEWAT S/O SUBHASLAL KEWAT,
AGED ABOUT 22 YEARS, OCCUPATION:
STUDENT OF MBBS IST YEAR ROLL NO. 2015279,
R/O VILLAGE MADNA POST OFFICE GARH
DISTRICT REWA (MADHYA PRADESH)
2. RAGHVENDRA SINGH S/O SHRI DHARAM
SINGH, AGED ABOUT 22 YEARS, OCCUPATION:
STUDENT OF MBBS 1ST YEAR ROLL NO.
2215885, R/O 88 WARD NO. 6 SAGAR NAKA
BEHIND NEW GALLA MANDI DAMOH
(MADHYA PRADESH)
3. SHUMAILA KHATOON D/O SHRI MOHD.
TABREJ, AGED ABOUT 23 YEARS, OCCUPATION:
STUDENT OF MBBS 1ST YEAR ROLL NO. 2112836
R/O 9/2 NORTHERN SIDE OF LOWER MAWPREM
MAL ROAD OPPOSITE HINDU MISSION SCHOOL
LOWER MAWPREM EAST KHASI HILLS
LEWDUH (MEGHALAYA)
4. MAYURI MOUSIK D/O SHRI DEENU MOUSIK,
AGED ABOUT 24 YEARS, OCCUPATION:
STUDENT OF MBBS 1ST YEAR ROLL NO. 2112768
R/O NEW BRASKAR COLONY MAHAVIR WARD
BETUL (MADHYA PRADESH)
5. POOJA NETAM D/O SHRI B S NETAM, AGED
ABOUT 23 YEARS, OCCUPATION: STUDENT OF
MBBS 1ST YEAR ROLL NO. 2014862 R/O 31
AVANTIKA AVENUE KALI BADI ROAD
AVADHPURI BHOPAL (MADHYA PRADESH)
Signature Not Verified
SAN .....PETITIONERS
(BY SHRI RAMESH KUMAR TIWARI - ADVOCATE)
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.06.25 16:49:20 IST
AND
2
1. THE MADHYA PRADESH MEDICAL SCIENCE
UNIVERSITY JABALPUR THROUGH VICE
CHANCELLOR M.P.M.S. UNIVERSITY MEDICAL
COLLEGE CAMPUS, JABALPUR (MADHYA
PRADESH)
2. THE REGISTRAR (CONTROLLER OF
EXAMINATION) MEDICAL SCIENCE
UN IVER S ITY MEDICAL COLLEGE CAMPUS
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SATISH VERMA - ADVOCATE)
This petition coming on for admission this day, Hon'ble Shri Justice
Vishal Mishra passed the following:
ORDER
This petition has been filed seeking a relief for direction in the nature of a writ of certiorari or mandamus to the respondents for revaluation of answer- sheets of Anatomy Paper I and II, Biochemistry Paper I and II and Physiology Paper I and II of First Year MBBS Examination held in November, 2021.
It is submitted that the petitioners have appeared in first year examination in 2021. The results were pronounced on 27.08.2021 and each of the petitioners were declared fail in subjects Anatomy, Physiology and Biochemistry. They participated in compartment examination on the said subjects in November, 2021 and the result was declared in January, 2022. They approached the University by submitting applications for re-totalling and submitted the applications for physical verification of answer-sheets. The respondent no.2 Controller of the Examination without revaluation of the answer-sheets of some students awarded the marks up to 20-30 each on the same subject. Petitioners Signature Not Verified SAN made applications seeking revaluation. It is submitted that hostile discrimination Digitally signed by TAJAMMUL HUSSAIN has been done with the petitioners, as on revaluation of answer-sheets of some KHAN Date: 2022.06.25 16:49:20 IST students, marks have been enhanced up to 20-30, but in cases of the petitioners, 3 it was observed that "there is no change in the marks". It is submitted that similar controversy came up before the Hon'ble Apex Court in case of Himachal Pradesh Public Service Commission Vs. Mukesh Thakur and Another reported in (2010) 6 SCC 759 and before the Division Bench of this Court in the case of M.P. Board of Secondary Education and another Vs. Ku. Vinita Rupra reported in 1998 (1) M.P.L.J. 595 wherein, the Courts have directed the University to send the answer-sheets of the petitioners to any renowned examiner and declare the result of the petitioners on the basis of marks awarded by them. It is submitted that the answer-sheets were not properly evaluated and the marks which have been awarded are on lower side. That the same is illegal and amounts to ruin the future of the petitioners. Therefore, the petitioners have filed this petition.
Per contra, counsel appearing for the respondents has vehemently opposed the contentions and submitted that there is no procedure for revaluation of the answer-sheets, only re-totalling is permissible under the rules, but despite of the same the authorities have considered the application of the petitioners for revaluation and after revaluation it is found that there is no change in the marks. It is argued that no right to claim revaluation accrue to the petitioners. It is argued that similar controversy was considered by the Division Bench of this Court recently in the case of Yashwini Bhagchandani Vs. M.P. Medical Science University (Writ Petition No.6441 of 2021, decided on 27.04.2021) wherein, the Division Bench has observed that "answer-sheets of the petitioners have already been reevaluated by the subject expert and no Signature Not Verified SAN arbitrariness or illegality was found, therefore, no case for interference is made Digitally signed by TAJAMMUL HUSSAIN KHAN out". It is submitted that in the present case the revaluation is being done by Date: 2022.06.25 16:49:20 IST 4 experts and no change was found. The petitioners could not point out any arbitrariness or illegality committed by the expert in reevaluating the answer- sheets, thus, no relief can be extended to the petitioners. He has prayed for dismissal of the petition.
Heard learned counsels for the parties.
From the perusal of the record, it is evident that in pursuance to the application submitted by the petitioners asking for reevaluating the answer- sheets were sent to an expert and the expert has reevaluated the same and it is found that there is no change in the marks. In absence of any illegality or arbitrariness in reevaluating the answer-sheets no relief can be extended to the petitioners as per the settled propositions of law laid down by the Hon'ble Supreme Court in the cases of Central Board of Secondary Education through Secretary, All India Pre-medical/Pre-Dental Entrance Examination and others Vs. Khushboo Shrivastava and others reported in (2014) 14 SCC 523, Maharashtra State Board of Secondary and Higher Secondary Education Vs. Paritosh Bhupeshkumar Sheth reported in (1984) 4 SCC 27 as well as in the case of Pramod Kumar Srivastava V. Bihar Public Service Commission reported in (2004) 6 SCC 714. The aforesaid aspect was considered by the Division Bench of this Court in the case of Yashwini Bhagchandani (supra) and it was held that the revaluation cannot be asked for as a matter of right. Even otherwise, the revaluation has already been done in the matter. It is held by the Hon'ble Supreme Court that in absence of any provision for revaluation, a mandamus cannot be issued by this Court directing the authorities to undergo revaluation. The Hon'ble Supreme Court in Signature Not Verified SAN the case of Central Board of Secondary Education through Secretary (supra) Digitally signed by TAJAMMUL HUSSAIN KHAN while considering the order passed by the Division Bench of Orissa High Court Date: 2022.06.25 16:49:20 IST 5 has modified the order passed by the Division Bench and has held that there cannot be any revaluation in absence of any statutory provisions. It is not permissible for the High Court to examine the question paper and answer-sheet itself particularly when the expert has already assessed the same.
As per the settled proposition of law the re-totalling is permissible and not revaluation, but the lenient view has been taken by the authorities in considering the application for revaluation and the same was got done by an expert.
This Court cannot sit over the opinion of expert and record its own findings Looking to the overall facts and circumstances of the case, no relief can be extended to the petitioners under Article 226 of the Constitution of India directing for revaluation again.
Petition sans merits and is hereby dismissed.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
taj
Signature Not Verified
SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.06.25 16:49:20 IST