The full bench of the Gujarat high court on Friday upheld the ruling of the single bench that a university has to give effect to any change in marks that may be made following a reassessment of an examinee's results.
The full bench of the Gujarat high court on Friday upheld the ruling of the single bench that a university has to give effect to any change in marks that may be made following a reassessment of an examinee's results.
Till now, Gujarat University used to reflect the difference in marks in the final results only if the difference was 15% or more.
The court had to decide the legal status of the reassessment rules and interpret the rules for revaluation. Normally, Gujarat University goes for a second reassessment only in cases where the difference of marks obtained by an examinee before and after the reassessment is more than 15%.
Further, as per Rule 11 of the university's Reassessment Rules, the university reflects the change in marks (increase or decrease) in the examinee's results only after the second reassessment. If the difference of marks is less than 15% of the previous total, it is not taken into consideration. This ignores Rule 9 which states that the marks obtained by a student after reassessment will be final and binding.
While hearing the petition of Megha Goswami, a student of Karnavati School of Dentistry, Gandhinagar, the single bench of Justice DH Waghela had concluded that the controller of examination was wrong in not considering Rule 9 in such cases. The court had asked the university to increase four marks in the concerned paper and declare the petitioner passed in the examination.
The university had challenged the single-bench order before a larger bench. However, the full bench on Friday upheld the order of the single bench and dismissed the appeal of the university.
A student of Gandhinagar's Karnavati School of Dentistry, Megha Goswami, had scored 46 marks out of 100 in the Oral Pathology and Microbiology subject in third year. She went for reassessment in March, and after reassessment, was awarded 50 marks.
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