Excelsior Correspondent
JAMMU, Feb 11: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Mohammad Yaqoob Mir today set aside the judgment of writ court whereby it had held that re-evaluation in MBBS course is not permissible under University Statutes.
The judgment of writ court was challenged by Shravani Sareen, who prayed for quashment of judgment passed by the Single Judge.
After hearing Advocate FA Natnoo appearing for the appellant whereas Advocate WS Nargal for Jammu University, DB observed, “the decisions relied on by the counsel for the University to support his stand are not applicable to the facts of this case as the University Statute nowhere prohibits the conduct of re-valuation and there is a specific provision available in the Statute to order re-valuation”.
“In fact, in exercise of that enabling provision some candidates appeared in MBBS degree examinations were given the benefit of re-valuation as stated supra. It is not in dispute about the proposition of law that if there is no provision for seeking revaluation the court cannot compel the Examining Body to order revaluation normally”, the DB observed.
“It is a well accepted proposition of law that when technicality and substantial justice are pitted against each other, the court should always lean towards substantial justice. The Supreme Court reminded all the courts that un-necessary and avoidable technical impediments should not be introduced by virtue of interpretative process”, the DB said, adding “on the facts and circumstances of this case, particularly taking note of the re-valuation, which was already made through a competent examiner and the marks having been disclosed, the appellant is entitled to get the marks awarded in the re-valuation and other certificates”.
With these observations, Division Bench held that the decision of the University, which was affirmed by the Single Judge is set aside and the appeal is allowed with direction to the University to issue the mark certificate to the appellant as she passed in the second professional MBBS course from Session April 2012 and other relevant certificates, within a period of four weeks from the date of receipt of copy of this order.
“The appellant shall surrender the marks statement of the supplementary examination to the respondent University”, the DB ordered.
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