Excelsior Correspondent
JAMMU, Dec 3: High Court today dismissed a petition seeking re-evaluation in MBBS course and upheld the decision taken by the University of Jammu.
The petition was filed by Shravani Sareen challenging the decision of the University of Jammu regarding closure of her case about re-evaluation.
After hearing Advocate FA Natnoo appearing for the petitioner and Advocate WS Nargal for the University of Jammu, Justice Tashi Rabstan observed, “in terms of the University Statutes, re-evaluation in MBBS course can only be ordered in exceptional cases, that too, with the prior approval of the Committee constituted in that behalf”.
“From the pleadings of the writ petition, it is clearly evident that the petitioner has applied for re-checking of the two papers of 2nd Professional MBBS—Micro-Biology and Forensic Medicines for which the University has awarded the marks”, Justice Rabstan observed.
“The process of re-checking is altogether different from the process of re-evaluation because re-checking involves afresh evaluation of the marks already awarded whereas re-evaluation involves the extensive re-assessment of the answer scripts”, the court said, adding “the respondents intimated the petitioner about the result of re-checking vide letter dated 29.11.2012, that too after being checked by the Expert Committee. The petitioner thereafter voluntarily appeared in the subsequent examination conducted by the University in Supplementary Session held in December, 2012”.
“It is clearly evident that the petitioner is very well aware that there is no provision of re-evaluation in MBBS course in the University Statutes”, Justice Rabstan said and after going through the judgment passed by three Judges Bench of Apex Court observed, “there is no scope of interference in this matter by this court as such the petition is dismissed”.
It is pertinent to mention here that Apex Court in case titled AP Christians Medical Educational Society versus Government of Andhra Pradesh and Another has observed, “the court cannot direct the University to disobey the statute to which it owes its existence and the regulations made by the University itself”.
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