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1998 Supreme(Kar) 165

Karnataka High Court
M.Ajay Babu - Appellant
Versus
Rajiv Gandhi University of Health Sciences, Bangalore - Respondent
Decided On : 03-13-98
W.A. : 491 of 1998

Advocates:
A.V.REDDY, MADHUSUDAN R.NAIK, S.A.NAZIR

Headnote:Rajiv Gandhi University of Health Sciences Act, 1994-Section 62-Regulation Governing B.D.S. Examination Regulation-clauses (1) and (1) (a)-Minimum Marks-for passing the B.D.S. Examination, candidate has to secure 50% of marks in "University Theory" separately in addition to securing 50% of marks in "Theory Aggregate"-giving of break up of marks in each paper alongwith total marks is necessary-instantly, candidates securing 50% in University Theory, 50% in Theory Aggregate, 50% in University Practical and 50% in Practical aggregate are entitled to be declared as passed.

       

MOHAMED ANWAR, J.

( 1 ) AS these appeals required urgent hearing, they are taken up for final disposal at the admission stage with consent of both sides.

( 2 ) APPELLANTS were the petitioners in W. P. Nos. 564 to 688/98 who have filed these appeals against the order dated 27-1-1998 of the learned single Judge passed dismissing their petitions.

( 3 ) APPELLANTS were students of second respondent Sharavathi Dental College, Shimoga. They were admitted in this college for the academic year 1996-97 to four years Bachelor of Dental Sciences Course ('bds course' for short ). On completing their first year study of the said course and on satisfying the required criteria they were allowed to take the first year BDS examination conducted in September 1996-97 by respondent No. 1 Rajiv Gandhi University of Health Sciences, Bangalore (the 'university' for short ). The results were announced by the University declaring them failed, since they were found to have failed in one or more subjects of their examination when the marks secured by them in each of the examination paper, according to the University, computed in terms of the relevant provisions of the "scheme of Examination" adopted by the University in exercise of its powers under S. 62 of the Rajiv Gandhi University of Health Sciences Act, 1994 ('the RGUHS Act for short ). This 'scheme of Examination' is said to be the part of the Regulations titled "bds New Regulations" framed by the University which provides for "length of Course, Attendance Requirements, Progres (s) and Conduct, Hours of Instructions Work, titles of Papers/practicals Offered for the Course etc. Syllabus-Titles of Papers/practicals offered in the course etc. Scheme of examination, Distribution of Marks, Method of Examination and Results etc. "

( 4 ) BEING aggrieved by the result announced by the University declaring them as failed, the appellants challenged the same in W. P. Nos. 654 to 688/98 on the grounds that the computation made by the University of their marks secured in each paper under their subjects of examination in which they are shown to have failed was based on the wrong understanding and misinterpretation of the relevant clauses of the 'scheme of Examination'; that they were illegally deprived by the University of the benefits of grace marks and the facility of re-totalling and revaluation of examination papers which benefits were available to them under the Regulations of Kuvempu University to which their college was affiliated before it came to be affiliated with respondent University. It was further averred in the petitions that the said 'new BDS Regulations' adopted by the University were beyond the scope of the RGUHS Act by which respondent University was established and come into existence on and with effect from 1-6-1996; and also that these Regulations being silent as regards the provisions for grace marks, retotalling and revaluation, the Regulations of the Kuvempu University in respect thereof continued to apply to their college till such time as the relevant Statutes, Ordinances and Rules are made under appropriate provisions of the RGUHS Act as contemplated under S. 62 thereof. Therefore, they prayed for the following reliefs in their writ petitions :" (A ). Issue a writ of declaration declaring that the declaration of results of petitioners, as having failed in the subjects where they have secured more than 50% of total marks for theory and viva voce examinations and internal assessment combined together in each of the examination subjects, as illegal and erroneous and further be pleased to direct the respondent-University to correct the declaration of results, taking into consideration the securing of 50 per cent marks in each of the groups and declare them as passed and further be pleased to declare that the requirement under Cl. 1 (a) of securing a minimum of 50% for a pass is for all University conducted examinations together and not under each of the heads; (B) issue a writ of declarat




























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