The subject ordinance clearly provides for rounding off of marks for computation of results. The appellant's interpretation that it is a one-time measure is not supported by the text. A decision is only authoritative for the specific facts and circumstances of the case.

JUDGMENT :

This intra-court appeal seeks to lay a challenge to a learned Single Judge's order dated 11.04.2023 whereby the respondent’s W.P.No.4448/2023 has been allowed. The operative portion of the order reads as under:-

“(2) The writ of mandamus is issued directing the respondent-University to round off the marks obtained by the petitioner in Paper–I at 51.25 % to 52% and Paper-II at 45.25% to 46% in the examination of the discipline of MD Pathology (RS-3) conducted November 2022 by them. Further, to round off the total average marks to 199 instead of 197 out of 400 secured by the petitioner, then in total the average marks of 49.75% to 50%.”

2. Learned panel counsel appearing for the appellant vehemently argues that the ordinance dated 29.03.2019 which governs valuation of answer scripts inter alia in P.G. courses provides for rounding off the marks to the next nearest decimal unit, is only as a One Time Measure; and therefore, learned Single Judge is not justified in issuing the mandamus of the kind. In support of his submission, he relied upon a decision of the Apex Court in RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, BANGALORE VS. G.HEMLATHA AND OTHERS, (2012) 8 SCC 568.

3. Having heard the learned counsel for the parties and having perused the appeal papers, we decline indulgence in the matter broadly agreeing with the reasoning of learned Single Judge. Clause 4 of the subject Ordinance reads as under:-

“4. Procedure for General Valuation:

a. All answer scripts of Post graduate including PG-Diploma and super specialty courses in Medical/Dental/Homeopathy shall be subjected to Digital Valuation as prescribed by RGUHS. The average of the total marks awarded by the four valuation of the paper, which is rounded off to the nearest value, shall be considered for computation of the results.

b. All answer scripts of Post graduate including PG-Diploma courses in PG-Allied Health Sciences, PG-Ayurveda, PG-Nursing, PG-Pharmacy, PG-Unani, PG-Yoga and Naturopathy, Masters in Physiotherapy, MGA and MPH, shall be subjected to Digital Valuation as prescribed by RGUHS. The average of the total marks awarded by the two valuators for the paper which is rounded off to the nearest value, shall be considered for computation of the results.

The marks awarded and the results declared after general valuation shall be the final and under no circumstances further valuation shall be entertained.”

The text of the above provision in unmistakable terms provides for the marks being rounded off to the nearest value for the purpose of computation of the results of the candidate concern.

4. The second submission of the learned panel counsel appearing for the University that the subject provision of the Ordinance in question provides for rounding off, of the marks to the nearest full value only as a One Time Measure is not supported by the text and the language of the said provision. There is nothing indicative of such an intent. The University in support of such a stand cannot much bank upon the Corrigendum dated 17.11.2020 issued by the Vice Chancellor which mentions the Covid-19 Pandemic situation in support thereof. The relevant part of the Corrigendum is reproduced below: