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Judgment
Suraj Govindaraj, J
Sri. N.K. Ramesh, learned counsel accepts notice for respondent. He is permitted to file vakalat within a period of two weeks from today.
The petitioner is before this Court seeking for the following reliefs:
(a) Issue a writ of mandamus directing the 1st respondent to conduct revaluation of the pathology paper – 2 held on 25th Feb., 2022 – Question paper – Code 1027, (Register NO.19M1090) (2nd year – Annual Exam – March – 2022) (MBBS – 2019 – Competency Based Medical Education Batch) in terms of Graduate Medical Regulations, 1977 and including deviation valuation between the valuers, since the difference is more than 50 percent in 1st and 2nd question, before 05.05.2022, in the interest of justice and equity.
b) Declare the 2nd valuer marks is not in consonance with the first valuer and consequently the revaluation is just and necessary in the interest of justice and equity.
c) any other order which the Court deems fit in the interest of justice and facts and circumstances of the case.”
Learned counsel for the petitioner submits that the petitioner is a student of II year MBBS, took her examination in Feb.2022 but was unsuccessful in two papers. The grievance of the petitioner is that valuation has been done only by two valuators and not four valuators as required under Regulation 13 of the Medical Council of India Graduate Medical Education Regulations, 1997 there have to be four valuations conducted.
The issue in the present matter is no longer res integra, this Court as in Writ Petition No.7999 of 2022 vide order dated 19.04.2022 dealt with the same and at para 4 held as under:-
“In view of same, this writ petition is disposed of in terms of the decision in Ms.Nireeksha (supra). Accordingly, respondent / University is directed to conduct two additional valuations of the failed subjects of the MBBS (RS3) Examinations of February 2022 undertaken by the petitioners herein in terms of Regulation 13 of the Medical Council of India Graduate Medical Education Regulation, 1997; which shall include deviation valuation if there is difference of 15% marks between all the evaluators in terms of order dated 01.07.2021 passed in W.P.No.10244/2021 and connected matters (Annexure-E) within a period of two weeks from today.”
In view of the above, I pass the following:-
ORDER
The Respondent – University is directed to conduct two additional valuations of the failed subjects of the petitioner for MBBS (RS3) Examinations of February/March, 2022 in terms of Regulation 13 of the Medical Council of India Graduate Medical Education Regulation, 1997, which shall include deviation valuation, if there is difference of 15% marks between the evaluators, the deviation valuation to be conducted by 5th May 2022, when the next exam is scheduled.
The writ petition is disposed of accordingly.