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Judgment
Suraj Govindaraj, J
Sri Harish Ganapathi, learned counsel accepts notice for respondent No.1.
Sri N. Khetty, learned counsel accepts notice for respondent No.2.
The petitioners are before this Court seeking for the following reliefs;
“i) Issue a writ or order or direction in the nature of mandamus directing respondent No.1 to conduct 2 additional valuations of the failed subjects of the MBBS (RS3) Examinations of February 2022 undertaken by all the petitioners; strictly in terms of Regulation 13 of the Medical Council of India Graduate Medical Education Regulations, 1997; including deviation valuations on there being a difference of 15% marks between all the evaluators; in terms of order dtd.01.07.2021 passed in WP No.10244/2021 and connected writ petitions vide Annexure-C; as per the law already declared by this Hon’ble Court in the earlier writ petitions;
ii) Issue a writ or order or direction in the nature of mandamus directing respondent No.1; that after accomplishing the additional valuations, to compute the results of the petitioners of the ‘failed subjects’ by taking average of the top two marks from amongst the four/five valuation marks; as is being done for the ‘passed subjects’; and to announce the results afresh well before the conduct of the supplementary MBBS Theory RS3 Examinations of May 2022 scheduled to commence from 05.05.2022 as per the notification No.R(E)DR-I/MBBS-Exam/Jan-Feb/ 22/120/2021-22 dated 05.04.2022 vide Annexure-B; and
iii) Issue any other appropriate writ or order or direction as this Hon’ble Court deems fit to grant in the ends of justice.”
The petitioners appeared in MBBS RS-III examination conducted in February – 2022 by the University.
The petitioners are MBBS students admitted to the said course in the college affiliated to respondent No.1.
The grievance of the petitioners are that only two valuations of their MBBS (RS3) examination of February, 2022 has been conducted, even though as per 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 petitioners 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.