Karnataka HC quashes RGUHS ordinance on answer scripts valuation of MBBS course
Karnataka: The Karnataka High Court has recently quashed a norm of Rajiv Gandhi University of Health Sciences (RGUHS) which was governing the valuation of answer scripts of MBBS students. With this, the bench has directed the varsity to apply the provisions governing the valuation of postgraduate courses to undergraduate courses.
This came after a group of petitioners approached the High court submitting that the rule dictated by the University under the "Amendment to Ordinance Governing Valuation of Answer Scripts of MBBS Course (RS-3 Scheme)" notified on 13.10.2020 was unconstitutional and violative of Article 14 of the Constitution of India.
The court noted, "The problem of valuation and revaluation seems to be raising its ugly head again and again, in spite of several decisions."
" the explanation sought to be offered by the respondent-University, cannot cure the defect in the matter of issuance of an Ordinance. Even if the submission of the learned Counsel for the respondent-University is accepted that the act of the Syndicate in issuing the notification is not an amendment to the Ordinance, but it is a promulgation of a new Ordinance, there is nothing in the preamble of the notification which would suggest that in the matter of consultation with the Academic Council as required under Section 35(3)(b), the Vice-Chancellor has exercised the power conferred on the Academic Council by invoking the special powers conferred on the Vice-Chancellor under Section 13(2)."
while framing policies, opinion of the experts should be sought and the grievance of the student community should also be heard. A policy having broad vision would be least susceptible to challenge. Therefore, this Court takes this opportunity to once again remind the respondent-University and the National Medical Commission to ponder over the observations and come up with a policy that would be in the best interest of medical education.
1. The "Amendment to Ordinance Governing Valuation of Answer Scripts of MBBS Course (RS- 3 Scheme)" notified on 13.10.2020, had been quashed and set aside.
2. The respondent-RGUHS was directed to apply the formula as provided in the Ordinance governing the PG students of the University, to identify all the cases where there was a difference of 15% or more in the four valuations and to send them for the fifth valuation. The exercise should be restricted to failed students only.
3. Authorities should declare the results applying the provisions governing PG students of the University, after the fifth valuation and should proceed to issue marks card accordingly.
4. The entire exercise should be completed well before the commencement of next year's examinations which was tentatively scheduled to commence during the first week of March 2021.