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Supplementary Examinations Not A First Attempt, Not Eligible for Revaluation: Chhattisgarh HC

Supplementary Examinations Not A First Attempt, Not Eligible for Revaluation: Chhattisgarh HC

24.09.2021 | Education News | EduLegaL  | www.edulegal.org | mail@edulegal.in

Chhattisgarh High Court in Sudip Kumar Ture Vs. State Of Chhattisgarh — WPC No. 3282 of 2021, disallowed revaluation of supplementary exams conducted for 2nd Year MBBS candidates. The court reading the relevant ordinance held that where revaluations were allowed only for students appearing for the first time, a supplementary exam cannot be treated as the first appearance.

The single-judge bench of Justice Goutam Bhaduri held:

“however, the proviso clause of it would show that a candidate who has appeared either in part of an examination of either annual or supplementary examination in any of the subjects or paper as a backlog shall not be eligible to apply for revaluation. Admittedly, since the petitioner appeared in the supplementary examination, the right by the ordinance is not conferred to claim for revaluation.”

The petitioner was a student of the 2nd Year MBBS course and appeared in the supplementary exams for the subject of Forensic Medicine and Toxicology. He attempted questions of 37 marks out of 40, where he was granted 17 marks and declared failed. He applied for revaluation but the same was denied on the grounds that there were no provisions for revaluating supplementary exams.

The petitioner contended that he had appeared in the supplementary exams for the first time and as per rules, revaluation was allowed for students who have appeared in an examination for the first time. The respondents submitted that as per Ordinance No. 2, revaluation of supplementary exams was barred explicitly.

The court observed that it cannot go into the correctness of evaluation and opined:

The submission of the petitioner that the answers given by the petitioner are correct as per the different text books. This Court not being the expert will not be able to evaluate the same. It is a field of academic experts and this Court cannot step into the shoes of an academic expert of subject matter to evaluate the fact that the answers given by the petitioner are correct or not. It is for the expert body to decide.

However, the court stated that it can determine what interpretation is to be taken from the Ordinance No. 2, which prescribed rules and regulations regarding the revaluation. Clause 18(1) provides that revaluation is allowed for candidates who have appeared for the first time in all papers of all subjects. Proviso to Clause 18(2) states that candidates who have appeared either in part of an examination of either annual or supplementary examination in any of the subjects shall not be eligible for revaluation. The court did a plain reading of the ordinance held:

“Therefore, in view of distinct ordinance which exists and covers the field, it cannot be interpreted in the way that the petitioner claims that since he has appeared for the first time in the supplementary examination, therefore, the same may be treated as first time as if he has appeared in fresh examination and would be entitled for revaluation.”

In conclusion, the court dismissed the petition holding that petitioner was not entitled to any relief.

Brief Note:

What is a Supplementary Examination?

A supplementary exam is an additional opportunity given to a student who had almost passed a subject or could not appear for an exam owing to unforeseen circumstances. The marks obtained in the supplementary exam helps the student score an overall pass grade. Conducting supplementary examinations is the discretion of the college or university.

Vaibhav Karadale | Research Intern | EduLegaL

Swapna Iyer | Legal Editor | EduLegaL

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