ORDER

1. The petitioner is before this Court seeking for the 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."

2. The petitioner claims to be studying in II year BDS in Dayanandsagar College of Dental Sciences, Bengaluru. The petitioner had appeared for the examination conducted in the month of October-November 2023 and was awarded 19 marks by the first valuator and 23 marks by the second valuator.

3. The copy of the answer script having been obtained, the petitioner had furnished the same to one of his professors, who had indicated that the petitioner is entitled to 29 marks. Hence, the petitioner is before this 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.

4. Learned counsel for respondent No.1 would submit that the valuation has been carried out in terms of the Ordinance dated 05.09.2022, where double evaluation is carried out by two evaluators, the higher mark to be awarded to the petitioner and as such, the petitioner has been awarded 23 marks since that is the higher valuation. He submits that since the ordinance having been challenged in W.P.No.11688/2023, this Court has upheld the validity thereof, by its order dated 13.10.2023 and further that this Court vide its order dated 04.11.2020 in W.P.No.11101/2020 has categorically held that the BDS course having a separate regulations, those regulations promulgated by the Dental Council of India would be applicable to the BDS course and not that relating to MBBS course, which was the subject of W.P.No.7505/2023, in its order dated 11.07.2023 relied upon by the counsel for the petitioner. On this ground, he submits that the action taken by the Universities does not require any interference.

5. Heard the learned counsel for the petitioner and the learned counsel for respondent No.1 and perused the papers.

6. It is not in dispute that the petitioner is a second year student of the Bachelor of Dental Sciences course and as such, as held by this Court in W.P.No.11101/2020, it is the Ordinance promulgated by the Dental Council of India, which would be applicable and the Ordinance dated 05.09.2022 would indicate in terms of paragraph No.5 as 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."

7. Perusal of the above, it is clear that the best total marks awarded by any of the two evaluators for the papers shall be considered for computation of the results. In this case, the best total mark is 23, which has been awarded to the petitioner. The judgment of this Court dated 11.07.2023 in W.P.No.7505/2023 was relating to RS3 batch of MBBS course and as such the said judgment would not be applicable to the petitioner, who was the student of Dental Sciences.

8. In that view of the matter, no grounds have been made out. Petition stands dismissed.