SWEETY KUMARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all the four writ petitions involve similar issues of fact and ground, they are being disposed of by this common order.

(2.) Originally the petitioners had challenged the vires of the Rules of revaluation framed by the Dental Council of India in the BDS Course Regulations, 2007 with further relief to direct the University to conduct revaluation of answer sheets of the petitioners in the subject they have failed by the two examiners and to place the question papers before the body of experts to ascertain if the questions were out of syllabus. The petitioners have also prayed for a direction to the University to conduct re-examination for the petitioners and to allow the benefit of amendment dtd. 27/4/2015 in the BDS Course Regulations, 2007 to the petitioners.

(3.) Shorn off unnecessary details, brief facts projected in the writ petitions are that the petitioners are students of BDS Course. They have been declared fail in their 5th attempt of first year BDS examination conducted by respondent No.3/University. In the re- examination or supplementary examination conducted in December, 2015, out of 33 students, only one could pass the examination. The petitioners are amongst the failed students in the said examination. The petitioners would state that in the subject of General Human Anatomy, Histology, Embryology, each carries maximum marks of 70 for 5 questions but the distribution of marks for each question was not mentioned. It is further averred that some questions were out of syllabus. The Dental Council of India (DCI) has framed BDS Course Regulations, 2007 specifically mentioning the format of question papers for written examination, however, the question papers of the subject examination did not carry proper distribution of marks as required under the Regulations. The DCI has permitted revaluation with exception that revaluation will not be permissible in such Universities where there is system of double valuation. It is further submitted by the petitioners that the marks after revaluation to be effective for the benefit of the candidates, increase in marks should be at-least 10% of the earlier secured marks, otherwise there will be no change in the marks initially obtained. In the BDS Course Regulations, 2007, a student was required to clear all subjects of BDS first year within a period of 3 years whereas by amendment dtd. 27/4/2015, any student of BDS Course is required to clear the Course in all subjects within a period of 9 years including one year compulsory rotatory from the date of admission, failing which the student would be discharged from the Course. However, the University has not applied amendment on the petitioners.