Kerala High Court
Amal Nasim.M vs Kerala University Of Health Sciences on 14 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:21918
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
WP(C) NO. 28986 OF 2023
PETITIONER:
AMAL NASIM.M
AGED 23 YEARS
S/O.NASSAR.M, MULAYANKAY HOUSE,
SULTHAN BATHERY, WAYANAD,
KERALA, PIN - 673592
BY ADVS.
C.S.AJITH PRAKASH
M.B.SOORI
BABU M.
ANCY THANKACHAN
NIDHIN RAJ VETTIKKADAN
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE POST, THRISSUR, PIN - 680596
2 THE CONTROLLER OF EXAMINATIONS
MEDICAL COLLEGE POST, THRISSUR, PIN - 680596
3 THE BOARD OF ADJUDICATION OF STUDENTS
GRIEVANCES
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE POST, THRISSUR,
REPRESENTED BY ITS CHAIRMAN, PIN - 680596
2025:KER:21918
WP(C) No.28986 of 2023
2
4 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
5 THE PRINCIPAL
GOVERNMENT MEDICAL COLLEGE,
KOTTAYAM, GANDHINAGAR, AARPPOOKKARA,
KOTTAYAM, PIN - 686008
BY ADV.
SRI. P. SREEKUMAR, STANDING COUNSEL
SRI. V. VENUGOPAL, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.28986 of 2023
3
JUDGMENT
Dated this the 14th day of March, 2025 The petitioner, who was the student of 2019 MBBS Batch in Kottayam Medical College, has filed this writ petition seeking to direct the 1st respondent to cancel Ext.P14 revaluation result of the petitioner's Human Anatomy Paper-I of First Professional MBBS Degree Regular Examinations (2019 Admission), February, 2022 and further direct to re-evaluate the paper by examiners, who have not valued the paper earlier.
2. The petitioner was an MBBS student of 2019 Batch. The petitioner appeared for the examinations held on 19.07.2021. The petitioner failed in all subjects. Subsequently, in the Supplementary Examinations held in February, 2022, the petitioner appeared in Human Anatomy and Biochemistry 2025:KER:21918 WP(C) No.28986 of 2023 4 subjects. Though the petitioner passed in the Biochemistry examination, the petitioner could not clear the subject Anatomy. Ext.P6 is the result of 1 st Semester MBBS Degree Supplementary Examination.
3. The petitioner applied for revaluation of the answer scripts of Anatomy papers. The matter was considered by the Chairman, Board of Adjudication of Students Grievances. The Board passed Ext.P13 order wherein the Board found that there were serious lapses in evaluation of the result and accordingly, cancelled the revaluation. A fresh valuation of the Anatomy papers were ordered. The petitioner submits that the revaluation pursuant to Ext.P13 was done by two evaluators. The two evaluators gave different marks which vary from one another.
4. The petitioner pointed out that as regards Question No.4, which is a question of maximum 8 marks, one 2025:KER:21918 WP(C) No.28986 of 2023 5 evaluator gave 7 marks whereas the other evaluator gave only 3.5 marks. In respect of Question No.10 which had a maximum of 4 marks, one evaluator gave 1 mark whereas the second evaluator gave 3 marks. As regards Question No.18, which is a 1 mark question, one evaluator gave 0 mark whereas the second evaluator gave full mark. The petitioner states that the difference in marks awarded are astoundingly huge which shows that the revaluation was not done properly. The petitioner would submit that in the facts of the case, the petitioner should be awarded the highest of the marks valued among the two different evaluators.
5. The petitioner contends that the 3rd respondent cancelled the first valuation of the petitioner as per Ext.P13 order after being satisfied that there are defects in the first valuation. In the revaluation result also, serious irregularities have crept in. The petitioner had performed well.
2025:KER:21918 WP(C) No.28986 of 2023 6 However, the evaluators gave lesser marks.
6. The petitioner pointed out that in revaluation, one evaluator had given a total mark of 45 to the petitioner, whereas the other evaluator gave 53 marks. In the revaluation result also, there are serious discrepancies. In the circumstances, the petitioner prayed that either the petitioner may be granted the highest of the marks valued during the revaluation or the answer scripts may be subjected to a further revaluation process.
7. Standing Counsel entered appearance on behalf of the University and resisted the writ petition. On behalf of the University it is pointed out that the University conducts evaluation based on the evaluation guidelines prepared by the subject experts concerned. The University provides the guidelines for evaluating answers as they are descriptive in nature. Variations in marks awarded by each 2025:KER:21918 WP(C) No.28986 of 2023 7 evaluator upto 15% is considered as normal variation.
8. The grievance raised by the petitioner was considered by the Board of Adjudication of Students Grievances. The Board observed that there could be a possible lapse in the evaluation of Human Anatomy Paper-I and the benefit of doubt should be given to the student. Therefore, the papers were subjected to further revaluation by two separate evaluators.
9. The Standing Counsel pointed out that the contention of the petitioner that he is eligible for further valuation cannot be acceded to. The University has already conducted normal evaluation (double valuation) and again a fresh valuation (double valuation) for the petitioner and he failed to pass in both valuations for Human Anatomy subject.
10. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing 2025:KER:21918 WP(C) No.28986 of 2023 8 respondents 1 to 3 and the learned Government Pleader representing respondents 4 and 5.
11. The petitioner, who is an MBBS student of 2019 Batch, appeared in the examination on 19.07.2021. The petitioner failed in all the subjects. The petitioner again appeared for the Supplementary Examination which was held in the month of February, 2022. The petitioner again failed in the Anatomy subject. The petitioner would submit that the next examination was held on 23.06.2022. Though the petitioner appeared in the examination, the petitioner could not clear the paper.
12. In the meanwhile, the petitioner submitted complaints before the Board of Adjudication of Students Grievances. The Board considered the petitioner's grievance and came to a conclusion that there can be possible lapses in evaluation of the petitioner's paper. On that finding, the Board 2025:KER:21918 WP(C) No.28986 of 2023 9 ordered the answer scripts of the petitioner in the subject Anatomy for further revaluation. Accordingly, the answer scripts of the petitioner in the Anatomy paper for the examinations held in February, 2022 was subjected to revaluation by two separate evaluators.
13. It is the case of the petitioner that in respect of Question No.1 having a maximum of 15 marks, one evaluator gave 13.5 marks whereas another evaluator awarded only 9.5 marks. Similarly for Question No.4 having a maximum mark of 8, one evaluator gave 7 marks whereas the other evaluator gave 3.5 marks. The petitioner pointed out similar anomalies in respect of valuation of Questions Nos.10 and 18. The contention of the petitioner is that since there is substantial variance in the marks awarded by two different evaluators, the petitioner's paper should be subjected to further valuation.
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14. As per Regulation 7.7 of Regulation on Graduate Medical Education (Amendment) 2019, no more than four attempts shall be allowed for a candidate to pass the First Professional MBBS Examination. The total period for successful completion of the first professional course shall not exceed four years. However, based on the direction of the National Medical Commission, the University has issued a Circular permitting an additional attempt (5th attempt) to the students, who were admitted in the Academic Year 2019- 2020.
15. It is to be noted that in the Anatomy paper, dissatisfied by the valuation, the petitioner approached the Board of Adjudication of Students Grievances. The Board found possible lapses in the revaluation and submitted the papers to further revaluation. It is true that in three or four questions, there were differences in awarding of marks by two 2025:KER:21918 WP(C) No.28986 of 2023 11 different evaluators. However, in the total marks obtained by the petitioner, the variation is about 15%. Slight changes in the percentage of marks awarded by the evaluators are likely when papers are verified by different examiners. In the matter of evaluation of answer scripts, one cannot expect exact precision in the matter of award of marks.
In the afore circumstances, I do not find any reason to interfere with the evaluation done by the University. The writ petition fails and it is dismissed.
Sd/-
N.NAGARESH JUDGE spk 2025:KER:21918 WP(C) No.28986 of 2023 12 APPENDIX OF WP(C) 28986/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PETITIONER'S MARK LIST OF HIGHER SECONDARY EXAMINATION Exhibit P2 THE TRUE COPY OF THE CANDIDATE'S DATA SHEET ISSUED FROM THE OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, KERALA Exhibit P3 THE TRUE COPY OF THE PETITIONER'S SCORE CARD OF NATIONAL ELIGIBILITY CUM ENTRANCE TEST (UG) 2019 Exhibit P4 THE TRUE COPY OF THE EXAMINATION RESULT OF 1ST SEMESTER MBBS DEGREE EXAMINATION DATED 19-07-2021 Exhibit P5 THE TRUE COPY OF THE EXAMINATION RESULT OF 1ST SEMESTER MBBS DEGREE SUPPLEMENTARY EXAMINATION DATED 29-09- 2021 Exhibit P6 THE TRUE COPY OF THE EXAMINATION RESULT OF 1ST SEMESTER MBBS DEGREE SUPPLEMENTARY EXAMINATION DATED 21-04- 2022 Exhibit P7 THE TRUE COPY OF THE EXAMINATION RESULT OF 1ST SEMESTER MBBS DEGREE EXAMINATION DATED 23-06-2022 Exhibit P8 THE RELEVANT PAGE OF THE EXAMINATION MANUAL OF THE 1ST RESPONDENT 2025:KER:21918 WP(C) No.28986 of 2023 13 Exhibit P9 THE TRUE COPY OF THE QUESTION PAPER OF FIRST PROFESSIONAL MBBS DEGREE REGULAR/SUPPLEMENTARY EXAMINATIONS FEBRUARY 2022, HUMAN ANATOMY-PAPER I Exhibit 10 THE TRUE COPY OF THE PETITIONER'S ANSWER BOOK OF THE FIRST PROFESSIONAL MBBS DEGREE REGULAR/SUPPLEMENTARY EXAMINATIONS FEBRUARY 2022 OBTAINED UNDER THE RIGHT TO INFORMATION ACT Exhibit P11 THE TRUE COPY OF THE VALUATION SLIP OF FIRST PROFESSIONAL MBBS DEGREE REGULAR/SUPPLEMENTARY EXAMINATIONS FEBRUARY 2022 OBTAINED UNDER THE RIGHT TO INFORMATION ACT Exhibit P12 THE TRUE COPY OF THE APPLICATION FOR REVALUATION SUBMITTED BY THE PETITIONER Exhibit P13 THE TRUE COPY OF THE ORDER NO. U.O.NO:
217/DSA-AKUHS/2022 DATED 25-11-2022 Exhibit P14 THE TRUE COPY OF THE RESULT OF THE REVALUATION DATED 30-01-2023 Exhibit P15 THE TRUE COPY OF THE VALUATION SLIP OF EXT P14 RESULT Exhibit P16 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 19- 06-2023 Exhibit P17 THE TRUE COPY OF THE REPLY ISSUED FROM THE INFORMATION OFFICER OF THE 2025:KER:21918 WP(C) No.28986 of 2023 14 UNIVERSITY DATED 14-07-2023 Exhibit P18 THE TRUE COPY OF THE REPLY ISSUED TO THE PETITIONER DATED 22-08-2023