SUBRAMANIAN BHARATHI S Vs. REGISTRAR EVALUATION BANGALORE UNIVERSITY

JUDGEMENT

(1.) This Writ Petition is before us on a reference made by the learned single Judge under Section 9 of the Karnataka High. Court Act, 1961. The question for consideration is regarding the scope of Judicial Review pertaining to Revaluation (Review) of Answer Scripts of students, who are aggrieved of the results of examination announced by the Bangalore University.

(2.) The petitioner got himself admitted to Dr. B. R. Ambedkar Medical College for M.B.B.S., course in the year 1984 affiliated to the Bangalore University. He sat for the final M.B.B.S. Degree (Part II) examination held in the month of February 1993 with registration No. ME. 5045. Discipline of the course for which petitioner appeared comprised three subjects viz., First Subject: Medicine a)Theory and viva-voce b)Clinicals Second Subject: Surgery a)Theory - viva-voce b)Clinicals Third Subject: Obstrics and Gynaecology a)Theory - viva-voce b)Clinicals In the results announced, it was found that the petitioner had failed in theory in the second subject and both in theory and clinical in third subject. By virtue of the ordinance, then in force, the petitioner applied for Revaluation. On 2/3-8-93, Registrar Evaluation issued a notification announcing list of students declared successful at the Final M.B.B.S. Part II after revaluation, and in that list petitioner's Registration No. 5045 was entered in the column TAL (to be announced later) under both the subjects. Subsequently, on 10-8-1993 the Registrar Evaluation issued another notification in respect of those register numbers found against entry TAL in respect of the First Subject, and later on 15-9-1993, another notification was issued regarding results of those register numbers found as against entry TAL in Part I and Subjects 1 and 3 in Part-II. Even after Revaluation, the petitioner was found to have failed in the subjects notified earlier, i.e., the third subject. Aggrieved against the same, the petitioner has filed this petition under Arts. 226 and 227 of the Constitution of India seeking the following reliefs :-

(3.) The vexed question that requires determination is about the scope of judicial review in the matter of revaluation? It is to be noted that the concept of revaluation is against public interest since results of public examinations when published will have no finality.