SHALINI N. Vs. GOVERNMENT OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, PRINCIPAL SECRETARY, DEPARTMENT OF FAMILY HEALTH AND DIRECTOR, HEALTH AND FAMILY WELFARE

JUDGEMENT

(1.) THE petitioners in these petitions are assailing the documents at Annexures -"L and M". By the said documents, the result of the petitioners who were declared to have passed the Junior Health Assistant Female Training Course has been withdrawn on the ground that the minimum marks required to be obtained in the practical examination has not been obtained by the petitioners. Since the issue in all these petitions are similar and common objection statement is filed by the respondents, the petitions are taken up for consideration together and disposed of by this common order.

(2.) FOR the purpose of narration of facts, the facts as pleaded in W.P. No. 38421/2013 is taken as the lead case. The petitioner who had enrolled for the above said course had passed the examination and marks card as at Annexure -"D" had been issued in her favour. As per the said marks card the petitioner had obtained the total of 129 marks in practical -II paper. The maximum marks for the practical -II paper is 200 and the minimum marks required for pass is 100 marks. The petitioner having obtained total of 441 marks was ultimately declared as passed. The petitioner had thereafter secured certain employment. At this stage when notification had been issued calling for applications for appointment as Junior Health Assistants(Females) and applications were made by several persons, the respondents having noticed certain discrepancies with regard to the marks that have been obtained by such candidates had held certain enquiries in that regard. In the said process, insofar as the petitioner herein, it is noticed by the respondents that in the practical examination admittedly the internal examiner had awarded 49 marks while the external examiner had awarded 80 marks. Though the total obtained in the practical exams was 129 marks since the internal examiner had awarded less than 50 marks" it was considered by the respondents that Rule 41(a) of the Karnataka State Nursing Council Byelaws had not been complied with and therefore, it has been held that the petitioner not having obtained minimum required marks in practical examination is not eligible to be declared as passed and therefore the results have been withdrawn.

(3.) FOR proper understanding of the Rule it would be appropriate to extract the same which reads as hereunder: - - Rule 41(a): - A candidate shall be considered to have passed in the examination if he obtains not less than 50% of marks in each subject in theory and practical separately. The percentage for 1st class is 70 percent and above and distinction is 80% and above. A perusal of the same would indicate that the requirement therein is that a candidate to pass would have to obtain more than 50% of the marks in practical exam and 50% or more in the theory exams. This would clearly indicate that the only requirement is that out of maximum marks assigned in the practical papers, the candidate should obtain 50% or more to be declared as passed in the practical examination. The Rule does not contemplate any further classification as to the minimum marks to be assigned by the internal examiner or by the external examiner separately for construing the pass percentage. All that the Rule contemplates is that the marks assigned by the internal as well as the external examiner in the practical examination put together should be more than 50% of the maximum marks assigned for the practical examination i.e. one should obtain 100 or more marks in practical examination. If this aspect of the matter is kept in view even if the marks of the petitioners herein as indicated in the document at Annexure -"L" is taken into consideration, except the petitioners in W.P. No. 38426 and 38429/13, all others have obtained more than 50% marks in the practical examination and as such the marks card that had been issued to them depicts the correct position, which is also reiterated by the marks as shown in Annexure -L to the petition. Hence, insofar as the said petitions, on this aspect alone, there was no reason whatsoever for the respondents to modify the result or withdraw the earlier result whereby the petitioners had been declared as passed.