Re-Conduct Practical Exams for 8 final year MBBS students: HC directs RGUHS

This comes after these students, after being declared failed in the exams that were conducted in March 2021, had approached the High Court and sought relief.

"The writ petitions are partly allowed. Respondent-University (RGUHS) is hereby directed to re-conduct the 'Practical Examinations' and announce the results on or before 13.09.2021. This is necessary because the next examinations/supplementary examinations have already been announced to commence from 14.09.2021," noted the court.

The students filed the petition under Articles 226 and 227 of the Indian Constitution and prayed to quash the valuation of the practical answer book of General Medicine exam of April 2021. They had contended that the papers were evaluated by one internal examiner, who does not have the locus to do so, and thus it violated Regulation 13 of the Graduate Medical Education Regulations, 1997.

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The concerned final year students are pursuing their MBBS education at Kodagu Institute of Medical Sciences. They submitted before the Court that although they have successfully completed all the previous semesters, in the practical examinations conducted in March 2021, they were given low marks and as a result they were declared to be "failed" in one or two subjects. However, they have secured the minimum passing marks in the theory papers, submitted the petitioners.

Some of the students had previously approached the High Court and the Co-ordinate bench had then directed the University to consider the representations of the students and pass appropriate orders. However, the students submitted that the RGUHS authorities declined re-conducting the practical examinations.

The counsel for the petitioners pointed out that the High Court in the case of RGUHS vs Mr Rangegowda. Y and others, had directed the University to re-conduct the practical examinations only on the ground that in the column where remarks were required to be made by the examiners, no remarks were filled.

He further contended that in the case of the petitioners, the matter is not limited to the fact that no remarks were made in the specified column, but in fact, the four examiners had not marked individually their marks and in some cases, the signatures of some of the examiners were also missing.

The High Court bench found relevance in the submission that the High Court had earlier granted relief to the students only on the ground that no remarks were made in the specified column. The Court observed that in this case as well, in some of the cases the remarks column were not filled and the marks were not mentioned individually by all the four examiners.

"Therefore, these are definitely cases which are required to be disposed of in terms of the orders passed by the Hon'ble Division Bench," observed the court.

Thus, partly allowing the petitions, the High Court bench directed RGUHS to re-conduct the 'Practical Examinations' and announce the results on or before 13.09.2021.

"This is necessary because the next examinations/supplementary examinations have already been announced to commence from 14.09.2021," the bench clarified.

"Needless to observe that the 'Practical Examinations' shall be conducted by the examiners who have not already examined these petitioners," further mentioned the order.

To read the court order, click on the link below.