HC declines to interfere with new norms for theory paper assessment

Bengaluru / Karnataka : 19/08/2020 :  A view of High Court of Karnataka  on 19 August 2020.  Photo : V Sreenivasa  Murthy/The Hindu.

Bengaluru / Karnataka : 19/08/2020 : A view of High Court of Karnataka on 19 August 2020. Photo : V Sreenivasa  Murthy/The Hindu.

Observing that students pursuing medical course have to maintain high academic integrity and cannot insist on lowering education standards, the High Court of Karnataka has declined to interfere with an Ordinance governing central assessment programme for theory paper assessment of MBBS course promulgated by the Rajiv Gandhi University of Health Sciences.

“This court is of the view that the petitioners have failed to establish that the university has adopted unfair methods while promulgating the impugned Ordinance. It is also found that there are absolutely no materials to indicate the magnitude of impugned action so disproportionate that erratic evaluation would go unnoticed under the impugned Ordinance,” the court observed.

Petitions dismissed

Justice Sachin Shankar Magadum passed the order while dismissing the petitions filed by Vishweshwara C. and Shashank S. Reddy, both pursuing MBBS course.

The court wondered how the petitioners can insist that deviation valuation has to be done in a particular manner while rejecting the petitioners’ contention that while determining deviation between first two valuation of theory papers, the varsity should consider the difference between the marks awarded by the two evaluators and not the difference of marks against the maximum marks prescribed.

“This court is unable to understand as to how the petitioners, who have failed in subjects can question the Ordinance and also suggest as to how the evaluation of the papers has to be conducted by the university. Any indulgence by this court in this regard would only lead to catastrophe and would lead to compromise in standards in medical education,” the court observed in its order.

The court also said that the petitioners cannot insist that university should adopt four valuation system that is applicable to PG students.

“There cannot be discrimination among different classes. The petitioners have not placed any material which would indicate that the impugned Ordinance is violative of Article 14 and the same leads to discrimination,” the court said.

Justice Magadum also made it clear in the judgment that the Ordinance under challenge thoroughly contains an academic element and therefore, the court cannot encroach upon and test the wisdom of experts and also encroach into the inherent jurisdiction of experts body who are vested with power to revive, revamp the policies relating to the academics.

It was contended on behalf of the university that the Ordinance, which came into force from February 1, 2021, was promulgated by adhering to the directions of the court in earlier rounds of litigations over norms governing valuation, and also the advisory issued by the National Medical Commission.

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Printable version | May 22, 2022 10:23:31 pm | https://www.thehindu.com/news/national/karnataka/hc-declines-to-interfere-with-new-norms-for-theory-paper-assessment/article38159676.ece