YUVRAJ SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition seeks to challenge the provisions of Ordinance 157A(2) of the Rajasthan University Hand Book with the prayer that the same be declared arbitrary, discriminatory and violative of Articles 14, 15 and 21 of the Constitution of India.

(2.) Learned counsel for the petitioner submitted that the petitioner has taken admission in the course of M.Sc. (Med.) from the subject of Anatomy conducted by the respondent-Rajasthan University of Health Sciences after completion of his graduation from science stream and he has been allotted SMS Medical College for his post graduation course. The respondents also allotted guide to the petitioner for his post graduation vide order dated 08.11.2016. The respondents issued programme of examination for Post Graduate M.Sc. (Med.) Part-I Examination March-2018 on 12.03.2018. The petitioner being eligible in all aspects appeared in the examinations conducted by the respondents for M.Sc. (Med.) Part-I from the subject of Anatomy. The result of the examination was declared in March, 2018. The petitioner was surprised to find that he had been declared fail in Paper-I, although according to him, he worked hard for the same and answered all the questions. The petitioner approached the respondents for revaluation of his answer sheet of Paper-I but was informed that the same could not be done as there is no provision for the same in the University Ordinances. It is argued that the respondent-RUHS has adopted the guidelines and rules framed by the Rajasthan University and the same are applicable on all the candidates, who had appeared in the examinations conducted by the respondents. It is pertinent to mention here that revaluation of the answer sheet are even allowed by the respondents but it is the examination of the petitioner, which has been excluded from revaluation. It is argued that there is no inteligible differentia which lies beneath such classification and the same has no rational relation to the object sought to be achieved. It is argued that right to revaluation is a legal right of the petitioner which cannot be done away with in a cursory manner particularly when the respondents have been extending benefit of revaluation to the students of all other subjects. It is therefore prayed that present writ petition be allowed and the Ordinance 157A(2) of the Rajasthan University Hand Book be declared arbitrary, discriminatory and violative of Articles 14, 15 and 21 of the Constitution of India.

(3.) Mr. M. A. Khan, learned counsel appearing on behalf of the respondent-Rajasthan University of Health Sciences opposed the writ petition and argued that the examination of M.Sc. (Medicine) Anatomy is governed by the Ordinance 278-F(B) of the University Ordinances. Note 1(v) of the said Ordinance provides that each section of paper-I will be set by the external examiner of the subject concerned and will be examined by the internal examiner of the subject concerned. It is submitted that before commencement of examinations, the University appoints specific external and internal examiner. Only that particular external examiner is entitled to set question paper and can be evaluated by the specific internal examiner. In view of the specific provisions of Ordinance 278-F (B) of the University, revaluation in the M.Sc. (Medicine) Examination is not permissible. The petitioner had submitted an application dated 30.07.2018 for certified copy of the answer book for part-I Section A of M.Sc. (Medicine) Anatomy Part-I Examination 2018 under Right to Information Act, 2005. The respondent No. 2 has supplied the certified copy of the said answer book vide letter dated 28.08.2018. It is argued that there is logic in not permitting revaluation of answer books in respect of (I) M.E. examination in the faculty of Engineering, M.D., M.S., M.Sc. (Med.), D.M. and M.Ch. Examination in the faculty of medicine and M.Phil. Examinations, (ii) the scripts of practical examinations, sessional/periodical tests, dissertation, thesis and viva-voce and (iii) all supplementary examinations, special examinations, part examinations, back papers and boycotted papers. It is based on opinion of the experts that the University Ordinance has provided for such a provision.