PRIYANKA P NATEKAR Vs. DEAN GOA DENTAL COLLEGE

JUDGEMENT

(1.) THE Petitioners aspire to appear for the Fourth BDS (Bachelor of Dental Surgery Examination) to be held today. The Petitioners are not allowed to appear because they have failed in the subject of Oral Pathology and Microbiology of regular third year BDS Examination held in July, 2007 and again in supplementary examination held in October/November, 2007. In this petition filed under Article 226 of the Constitution, the main grievance of the Petitioners is that they were deprived of 5 marks, they having been provided only with 7 slides against 8 which were required to be provided to them. They also allege that the Respondent-Goa Dental College and Hospital did not strictly conduct the examination in terms of the Ordinance and therefore non conducting of practical examination of Oral Pathology and Microbiology in accordance with the Goa University Ordinance is arbitrary and illegal. Since the Respondent University's Ordinance OA-5.15(v) prohibits re-valuation of answer books in practical examinations/term work Sessional project, etc., the Petitioners have filed the present petition. The Petitioners, except for failing in oral Pathology and Microbiology, by not securing 50% of the marks have otherwise passed in other subjects. The Petitioners for all purposes are repeaters.

(2.) THE Practical Examination in Oral Pathology and Microbiology terms of Ordinance SOC-5.11.3 provides that Oral Pathology and Microbiology practicals shall consist of:

(3.) THE Dean of Goa Dental College and Hospital has also filed his affidavit and in the said affidavit he has, inter alia, stated that for Practical Examination of Oral Pathology and Microbiology 100 marks are allotted out of which 75 marks are allotted for practical (70 marks for slides and specimens and 5 marks for journal diagram) and 25 marks are allotted for internal assessment i.e. average of marks scored at the midterm and preliminary exam (15) and (10) marks are assessed from timely submission, quality and completion of journal exercise. He has reiterated that every student had to identify 8 slides and 7 specimens and every student was given 7 sliders for identification, illustration and diagnosis using the microscope and one slide as an open spot based on an analysis of the diagram of slides entered in the journal, thus making total of 8 slides. He has further stated that this was entered separately under the head of "Journal" out of 5 marks and added to 70 under "Spot" thus making the total to 75. He has further reiterated that 8 slides were provided, 7 for microscopic and one for an open spot from Journal diagram of the said student. He has also stated that that is the pattern which was followed right from the inception of the College and it was also followed in the Examination held in July, 2007. He has also stated that there is no uniform basis for new sessional marks and hence the Head of the Department exercises his discretion in augmenting the marks under the head day to day work (10 marks) of the internal assessment on the basis of the performance at remedials/ self important classes/ practicals. He has also stated that the examination was conducted by the internal and the external examiner, the latter being one Dr. Bastian T.S., Professor of the Department of Oral Pathology, Lucknow Dental College.