Court Dismisses Plea for Revaluation by Four Examiners, Affirms Use of Digital Valuation and Existing Regulations
In a significant ruling, the Telangana High Court, presided by Justice Smt. Renuka Yara, dismissed a writ petition filed by several postgraduate medical students challenging the evaluation process of their examination answer scripts. The petitioners, represented by Sri Mahadev Anyarambhatla, argued that the valuation should have been conducted by four examiners as per Regulation 8.2 of the Post-Graduate Medical Education Regulations (PGMER), 2023. However, the court clarified that Regulation 8.2 pertains to the conduct of examinations and the qualifications of examiners, not the valuation process, which is governed by Regulation 8.4.
The petitioners had alleged arbitrary and improper valuation of their answer scripts, leading to an unusually high failure rate of 11% compared to the typical 1-2%. They contended that their scripts should be re-evaluated by four examiners, including two external, as was previously mandated by the Medical Council of India Regulations, 2000. The court, however, found that Regulation 8.4 of the new PGMER, 2023, which requires double valuation and a third valuation in cases of discrepancies exceeding 15%, was appropriately applied by the respondents.
Justice Yara highlighted that the court lacks the expertise to reassess the correctness of the valuation by qualified valuators. The safeguards in place, such as the third valuation for discrepancies, were deemed sufficient to minimize the potential for arbitrary marking. The court also noted that the introduction of Regulation 8.4 in 2023 supersedes prior regulations, making the 2019 judgment relied upon by the petitioners inapplicable to examinations conducted under the current regulations.
The respondents, including the State of Telangana and KNR University of Health Sciences, argued through their counsel that the evaluation process adhered strictly to Regulation 8.4, and no revaluation is permissible after results are declared. They further stated that the digital valuation process is robust and minimizes errors, with any significant discrepancies being subject to a third valuation.
In conclusion, the court found no merit in the petitioners' claims, affirming the validity of the valuation process as per the current regulations. The writ petition was dismissed, and the court emphasized the distinct roles of examiners for conducting exams and valuators for assessing answer scripts under the new regulatory framework.
Bottom Line:
Post-Graduate Medical Education Regulations (PGMER), 2023 - Valuation of answer scripts for postgraduate medical exams must follow Regulation 8.4 and not Regulation 8.2, as the latter pertains to the conduct of examinations and not the valuation process.
Statutory provision(s): Post-Graduate Medical Education Regulations, 2023 (PGMER), Regulations 8.2 and 8.4.
Durgam Venkatesh Kumar v. State of Telangana, (Telangana) : Law Finder Doc id # 2867206
