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 -

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

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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:

Subject

No.

Existing

Shall be read as

153(Mum)

/06

In

view

of

the

prevailing

Covid-19

situation,

it

was

recommended

to

implement

the

Hon’ble

High

Court

direction

regarding

Writ

Petition

No.11348

of

2020

(EDN-RES) as a one

time measure

In view of the prevailing Covid-19

situation, it was recommended to

implement the Hon’ble High Court

direction regarding Writ Petition

No.11348 of 2020 (EDN-RES) as a

one

time

measure

and

the

following decision taken:

1. This is one time measure will

be applicable for he candidates

who all fall short of one mark in

theory for declaring as Pass after

the computation of result with the

existing university ordinances.

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5.

The reasons for this Corrigendum not coming to

the aid of the University are not far to seek: Firstly, the

text