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S. SUNIL DUTT YADAV
Abin Thomas Sebastian, S/o. Dr. Sebastian T. T. – Appellant
Versus
Rajiv Gandhi University Of Health Sciences, Rep By Its Vice Chancellor – Respondent
ORDER :
(S. Sunil Dutt Yadav, J.) :
This Order has been divided into the following sections to facilitate analysis:
| SL.No | CONTENTS |
| I | Prayer |
| II | Contentions of the Parties |
| III | Analysis A. Whether awarding of grace marks can be continued even after coming into force of the GMER – 23 B. Challenge to the Validity of the Ordinance |
| IV | Consequential Reliefs |
I. PRAYER:
The petitioners in all these writ petitions are students undergoing the MBBS Course. In W.P.Nos. 8912/2024, 14344/2024, 11801/2024, 9718/2024, 9722/2024, 9716/2024, 9462/2024, 9459/2024, 9017/2024, 8989/2024, 9357/2024, 9333/2024, 11844/2024, 9228/2024, 9094/2024 and 9029/2024, the petitioners have sought for the following common relief:
(ii) Seeking quashing of the "Ordinance/Notification governing Central Assessment Programme (CAP) for Theory Paper Assessment of all Under Graduate Health Science Courses, of University" dated 05.09.2022 bearing No.RGU/AUTH/24th Con/Synd/04/2022-23;
(iii) To direct the respondent University to conduct fresh evaluation of the failed subjects of MBBS (RS4) Exami
The court established that new educational regulations can supersede previous ones, and students do not have a vested right to evaluation standards that have changed.
The 2023 Guidelines supersede previous regulations, prohibiting the awarding of grace marks in MBBS examinations, emphasizing the court's limited role in academic policy matters.
Point of Law – Courts will interfere only if they find all or any of the following: (i) violation of any enactment, statutory Rules and Regulations; (ii) mala fides or ulterior motives to assist or e....
The main legal point established is that the Academic Council's decision on valuation procedure should be followed by the respondent-University for the MBBS RS4 examination.
The discretion to award grace marks lies with the university as per MCI regulations and cannot be claimed as a right, especially for practical exams.
Education Law - Re-evaluation and re-scrutiny of result - A student who has been permitted to seek reevaluation in terms of Clause 6 of Regulations and her marks considered as final score post re-eva....
Rounding off marks cannot be equated with granting grace marks; eligibility criteria must be strictly adhered to as per regulations.
The provision denying a gold medal to re-evaluated candidates was declared unconstitutional, reinforcing the principle of equality under Article 14 of the Constitution.
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