3 months ago
1
A part seat of the High Court of Karnataka has present fixed liberty to the Rajiv Gandhi University of Health Sciences (RGUHS) to instrumentality an due determination connected providing cardinal oregon exemplary answers to subjective questions during the valuation of reply scripts of the MBBS course, without being influenced by definite observations made by a azygous judge, which were binding successful nature.
Not steadfast opinion
“We clarify that thing stated successful the azygous judge’s bid is to beryllium construed arsenic a steadfast sentiment connected whether exemplary reply keys containing cardinal phrases and cardinal presumption are required to beryllium provided to the examiners for the valuation of answers to subjective questions. The University is astatine liberty to instrumentality an due determination uninfluenced by the observations,” the seat observed.
A part seat comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha passed an bid connected the appeals filed by the RGUHS, which had challenged the July 30, 2025 judgement passed by the azygous judge.
“In our view, it would not beryllium apposite for this Court to analyse arsenic to however answers to questions successful a peculiar taxable are required to beryllium evaluated arsenic it indispensable needfully beryllium near to the cognition and contented of the experts,” the seat said.
The Court noted that the RGUHS’s Syndicate and Academic Councils person already deliberated the contented of providing cardinal oregon exemplary answers adjacent to subjective questions, and that the National Medical Commission (NMC) was initially successful enactment of providing cardinal answers containing “key words” and “key phrases/terms” that indispensable beryllium recovered successful students’ reply scripts arsenic it would service arsenic the basis/guide for the evaluators/examiners erstwhile awarding marks.
NMC’s alert
However, the NMC subsequently altered its basal and contended that subjective answers cannot beryllium evaluated simply connected the ground of cardinal phrases oregon presumption utilized successful the answers fixed by the students, the seat pointed out.
Noticing RGUHS’s statement that “the answers to aesculapian subject questions are evaluated based connected students’ knowing and knowledge. Their cognition cannot beryllium evaluated connected the anvil, whether they person utilized cardinal phrases oregon presumption successful the connection utilized to explicit their answers, the seat said this contention is “not insubstantial”.
On the directions issued by the azygous justice asking the RGUHS to notation the reply scripts of the petitioner-students, who were successful the archetypal twelvemonth MBBS tribunal of 2023-2024, for a 3rd evaluation, the seat said that determination is nary proviso for valuation by a 3rd evaluator successful the 2022 ordinance governing the Central Assessment Programme (CAP) for mentation insubstantial appraisal successful each under-graduate wellness subject courses of the university.
“It is not unfastened to this Court to germinate a method for evaluating reply scripts and to supplant the method provided nether the ordinance. Evaluation of the reply scripts is covered by a statutory prescription, and therefore, it is neither apposite nor permissible for the Court to contented directions regarding valuation which tally contrary to the statute,” the seat said, portion mounting speech the bid for a 3rd valuation issued by the azygous judge.
