Karnataka High Court
Dr Dinesh K S vs Rajiv Gandhi University Of Health ... on 18 November, 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER 2021
BEFORE
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.16063 OF 2021 (EDN-RES)
BETWEEN:
DR DINESH K. S.
S/O SRINIVAS K. A.
AGE: 26 YEARS
R/AT PLD BANK ROAD
BAGEPALLI - 561207
CHIKKABALLAPURA DIST.
...PETITIONER
(BY SMT. SUMANA BALIGA M., ADV.)
AND
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH 'T' BLOCK, JAYANAGAR
BENGALURU
KARNATAKA - 560041
REP. BY REGISTRAR EVALUATION
2. HASANAMBA DENTAL COLLEGE & HOSPITAL
VIDYANAGAR
HASSAN - 573201
REP. BY ITS DEAN AND DIRECTOR
3. DENTAL COUNCIL OF INDIA
ALWAN-E GHALIB MAN
2
KOTLA ROAD, NEW DELHI - 110002
REP. BY ITS SECRETARY
...RESPONDENTS
(BY SRI. N. K. RAMESH, ADV. FOR R1
SRI. G. S. BHAT, ADV. FOR R3
NOTICE TO R2 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ISSUE A DIRECTION TO THE RESPONDENT TO ROUND
OFF THE MARKS AWARDED TO THE PETITIONER IN THE
DISCIPLINE OF PERIODONTICS-PAPER-1 IN MDS 1 ST YEAR
EXAMINATION FROM 48.25 TO THE NEXT WHOLE NUMBER
49 AS PER CLAUSE 5.b OF ORDINANCE VIDE ANNX-E AND
W.P.NO.11348/2020 AND W.A.547/2021 VIDE ANNX-F
AND J; DIRECTION TO THE RESPONDENT TO AWARD ONE
GRACE MARK AS PER THE NOTIFICATION DTD.
18.07.2016 VIDE ANNX-K; DIRECTION TO THE
RESPONDENT TO DECLARE THE PETITIONER AS PASS IN
THE EXAMINATION HELD FOR THE DISCIPLINE OF
PERIODONTICS-PAPER-I IN MDS 1 ST YEAR EXAMINATION
CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES HELD ON JULY 2021.
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 15.11.2021, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner has filed this writ petition seeking for a direction to the respondent - University to round off the marks awarded to the petitioner in the 3 discipline of Periodontics Paper-1 in MDS 1st year examination from '48.25' to the next higher number '49' as per Clause-5b of the Ordinance and as per the order passed in W.P.No.11348/2020 and W.A.No.547/2021 and also sought for a direction to the respondent to award one grace mark as per the notification dated 18.07.2016, and declare the petitioner as 'pass' in the examination in respect of the aforesaid paper.
2. Brief facts leading rise to filing of this petition are as under:
The petitioner got admitted to the Post-Graduate decree ('PG' in short) in the discipline of Periodontology in the year 2018 in the respondent No.2 - College. As per the revised MDS syllabus of respondent No.1, applicable to the students admitted from May 2018 onwards, the University Scheme of Examination for the 1st Year will be a written paper 4 (theory) called as Part-I which will be a Basic Science paper for 100 marks. The petitioner after completion of 1st Year, appeared for the examinations held in the month of July 2019, November 2019, July 2020 and November 2020, but the petitioner has not scored the qualifying marks. The petitioner has done extremely well in his examination held in the month of July 2021 and was confident of completing the examination with very good marks. On 11.08.2021, results were announced in the official website. On perusal of the same, the petitioner was declared as 'failed' in the said examination. The petitioner applied for digital evaluation slip. As per the marks card, issued by the respondent - University, the petitioner has secured 48 marks in Part-I. On perusal of evaluation slip, it is clear that 4 evaluators awarded the marks as 50, 52, 47 and 44, total score 193/400. The average of it will be 48.25%, so the marks scored by the petitioner is 5 48.25%. The respondent No.1, instead of rounding off to the next higher number i.e., 49%, and by giving 1% grace mark, as per the PG Ordinance, has declared the petitioner 'failed'. Hence the petitioner filed this writ petition.
3. Heard learned counsel for petitioner and learned counsel for respondent No.1.
4. Learned counsel for the petitioner submits that the petitioner has appeared for the examination of 1st Year PG and Scheme of the Examination of 1st Year is 100 marks theory paper. She further submits that the notification dated 29.03.2019, issued by respondent No.1, pertains to Ordinance governing valuation of answer scripts of PG, PG-Diploma and super speciality Courses. As per Clause No.2, the said Ordinance applies to all theory answer scripts of PG degree courses. She further submits that as per 6 Clause No.4 - Procedure for general valuation, the average of total marks awarded by the four valuators for the paper, which is rounded off to the next higher value, shall be considered for computation of the results and further she submits that as per the notification dated 18.07.2016, issued by respondent No.1, if the student have the possibility to pass in entirety with the aid of 1% grace marks, the student shall be declared 'passed'. She further submits that the respondent No.1 has committed an error in not applying the Ordinance dated 29.03.2019 and 18.07.2016. She further places reliance on the order passed in W.P.No.17479/2021 disposed of on 30.09.2021, by the Co-ordinate Bench of this Court. Hence she prays to allow the writ petition in terms of the aforesaid judgment.
5. Per contra, Sri. N. K. Ramesh, learned counsel for respondent No.1 submits that the 7 judgment relied upon by the learned counsel for the petitioner is applicable to PG-Medical but not applicable to PG-Dental. He further submits that the Ordinance dated 29.03.2019, is not applicable to PG- Dental. Hence on this ground he prays to dismiss the writ petition.
6. Perused the records and considered the submissions made by learned counsel for the parties.
7. The petitioner has appeared for the examination of 1st Year MDS held in the month of July 2021 and the petitioner was awarded 48 marks in Paper-I. The petitioner has produced evaluation slip vide Annexure-D. On the perusal of evaluation slip, it is clear that four valuators awarded the marks as 50, 52, 47 and 44, total score 193/400. If the average is taken, it will be 48.25%. As per the notification dated 29.03.2019, Clause No.4 reads as under: 8
"Procedure for General Valuation:
a) All answer scripts of Post Graduate including PG-Diploma and super speciality courses in Medical/Dental/ Homeopathy shall be subject to Digital Valuation as prescribed by RGUHS.
The average of the total marks awarded by the four valuators for the paper, which is rounded off to the nearest value, shall be considered for computation of the results.
b) xxx "
(emphasis supplied)
8. As per the Digital Valuation Slip vide Annexure-D, the petitioner has scored 48.25%. As per Clause No.4 of the notification dated 29.03.2019, the total marks has to be rounded off to the nearest value i.e., 48%, but not 49%, as alleged by the learned counsel for the petitioner. The learned counsel for the petitioner has placed reliance on the notification dated 01.02.2021 issued by respondent - 9 University i.e., Ordinance governing Central Assessment Program for theory papers, assessment of MBBS Course. As per the procedure for computation of results, any decimals occurring either during individual total marks awarded by the examiner for the paper and/or occurring after averaging shall be rounded off to the next higher value for the purpose of computation of the result. The said notification is applicable to MBBS course, but not to the Post Graduate - Dental courses. The notification dated 29.03.2019, vide Annexure-E applies to the Post Graduate courses in Dental. As per the said notification, as observed above, the average of total marks awarded by the four valuators for the paper which is rounded off to the nearest value shall be considered for the computation of the results. As per the said notification, the total marks awarded to the petitioner is 48.25, if it is rounded off to the nearest 10 value, it will be 48%. The petitioner is not entitled for computation of the marks to next higher value. The judgments relied upon by the learned counsel for the petitioner is not applicable to the case in hand.
9. In view of the above discussion, this Court do not find any reason to entertain the writ petition. Accordingly, the writ petition is dismissed.
SD/-
JUDGE RD