HC dismisses petition seeking revaluation

Source: The Hitavada      Date: 07 Apr 2018 12:34:30


 

Legal Correspondent,

A DIVISION bench of Madhya Pradesh High Court comprising Justice Ravi Shankar Jha and Justice Rajeev Kumar Dubey has dismissed petition praying for direction to respondent authorities to call for and evaluate answersheets of MBBS examination ‘in such circumstances, in absence of any requirement in ordinance, contention of the counsel for the petitioner that the petitioner should have been granted personal hearing or opportunity by respondents, authorities while conducting spot evaluation, cannot be accepted. Writ petition being meritless is accordingly dismissed.’

Division bench heard the petition filed by Vishwam Rai against the Madhya Pradesh Ayurvigyan Vishwavidyalaya. The petitioner has filed this petition praying for direction to respondent authorities to call for and evaluate answersheets of Biochemistry-I, Biochemistry-II, Physiology of first professional MBBS examination. Counsel for the petitioner submitted that petitioner has been declared failed in aforesaid subjects whereas petitioner had fared well in the examination. The petitioner being confident that his marks would change, applied for spot valuation on August 9, 2017. Petition stated that the petitioner was thereafter informed that there was no change in marks during spot valuation.

Counsel for the petitioner submitted that authorities did not follow procedure prescribed under the law, while conducting spot valuation by not giving personal hearing and opportunity to petitioner at the time of conducting spot valuation and have wrongly evaluated petitioner’s answersheet, therefore the prayer made in the petition be allowed. Having heard counsel for the petitioner, the court observed that as per instructions for candidates that were issued by respondents along with declaration of result and form for spot valuation etc application for spot valuation of answersheets has to be submitted within seven days of declaring retotaling results.

From documents and averments made by the petitioner in the petition, it is not clear as to when the revaluation result or re-totalling result of the petitioner was published or whether the application filed by the petitioner for spot valuation was within the stipulated period of seven days. On the contrary, result of the petitioner declared by the respondents after spot valuation indicates that the same was declared on August 5, 2017, whereas application for spot valuation was filed on August 9, 2017, four days after declaration of the result of spot valuation. Under these circumstances, it is apparent that the petitioner did not apply for spot valuation in accordance with rules and regulation.

Quite apart from the above, ordinance no 6 of 2014 regarding conducting of examination notified by MP Medical Science University, Jabalpur, also does not require or mandate that authorities conducting verification of answersheets are required to give personal hearing or opportunity to candidates concerned at the time of spot valuation infact, inspite of repeated query, no such provision has been placed before us.