Second-year BDS student sought quashing of an endorsement refusing further valuation of his Pharmacology answer script, claiming entitlement to higher marks. The court held the Dental Council of India ordinance applied, awarding the higher of two evaluators' marks (23), and dismissed the petition.
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NC: 2024:KHC:10802 WP No. 5888 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.5888 OF 2024 (EDN-RES)
BETWEEN:
SUJITH P.S., S/O P.K. SRINATHA, AGE: 22 YEARS, OCC: STUDENT OF BDS (BACHELOR OF DENTAL SURGERY), II YEAR, R/O AT NO.2206, SAISADANA 4TH BLOCK, SRI. M.V. LAYOUT, SUNAINA HALLI CIRCLE, BENGALURU - 560 110
…PETITIONER
(BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE FOR SRI. SHREYAS M. BASAREDDY, ADVOCATE)
AND:
Digitally signed by NARAYANAPPA LAKSHMAMMA
Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. FARAH FATHIMA, ADVOCATE FOR R1; VIDE ORDER DATED 26.02.2024, R2 IS DELETED FROM THE ARRAY OF PARTIES)
NC: 2024:KHC:10802 WP No. 5888 of 2024
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO.REG(E)/DR-2/REVALUATION/18/2023-24 DATED. 04.01.2024 ISSUED BY R-1 VIDE ANNEXURE-C AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
following reliefs:-
"a) Issue writ of certiorari quashing the endorsement bearing No.Reg(E)/DR-2/Revaluation/18/2023-24 dated 04.01.2024 issued by the 1st respondent vide Annexure-C .
(b) Issue writ of mandamus directing the 1st respondent to revaluate the revaluation of General and Dental Pharmacology Q.P-1184 of 2nd year BDS scores of the petitioner, in the interest of justice and equity."
NC: 2024:KHC:10802 WP No. 5888 of 2024
Court contending that the answer scripts would have to be referred to a third valuator for proper evaluation of the answer scripts of the petitioner. In that background, the aforesaid reliefs are sought for.
NC: 2024:KHC:10802 WP No. 5888 of 2024
under:-
" 5. PROCEDURE FOR COMPUTATION OF RESULTS:
The highest of the total marks awarded by either of the two evaluators i.e., best total marks awarded by any of the two evaluators for the paper shall be considered for computation of the results. If any decimals occurring during individual evaluator total marks awarded by the examiner shall be rounded off to the next higher value for the purpose of computation of results.
The marks awarded and the results so declared shall be final and under any circumstances further valuation shall not be entertained and should be made applicable prospectively."
course and as such the said judgment would not be applicable to the petitioner, who was the student of Dental Sciences.
Sd/JUDGE
CP List No.: 4 Sl No.: 6 CT:SNN
1 issue framed by the court
Whether the petitioner's answer script had to be referred to a third valuator despite the ordinance providing for double evaluation with the higher mark to count.
1 provisions across 1 enactments
Sujith P.S.
Rajiv Gandhi University of Health Science
The National Medical Commission
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
