Wrong evaluation: HC orders Varsity to pay Rs 1 lakh Compensation to MBBS student

Allahabad: The Allahabad High court has directed Dr Bhimrao Ambedkar University, Agra to pay a compensation of Rs 1 lakh to an MBBS student who was wrongly evaluated in first-year examination and was declared 'fail'.

Later, on the reevaluation of his answer sheet, he was found to obtain passing marks in the examination.

The case concerns an MBBS student, Devarsh Nath Gupta, who secured All India rank 6906 in NEET 2017 and had taken admission in Sarojini Naidu Medical College, Agra.

He appeared in MBBS (Ist Professional) examination held in December 2018. In Second Paper of Physiology, out of 50 he was awarded only 6 marks, though secured 344 marks out of 600, but was declared fail. The question paper contained 5 questions First four questions were descriptive of 10 marks each and fifth question required Examinees to write short notes on two aspects, having 5 marks each. In the evaluation sheet, he found that in three questions, he was awarded 2 marks each, though no answer was found wrong.

After observing irregularities in the marks allocation for the questions, he submitted an application for scrutiny of marks and rechecking of answer sheet, but no action was taken by University.

Thereafter, he approached the High Court seeking the permission to issue a writ of mandamus directing the university to get the answer sheet of the petitioner is rechecked through different examiner so that a proper checking of the answer sheet of the petitioner. It was further prayed that this Hon'ble Court may also be pleased to direct the university that in case the marks of the petitioner are increased in the rechecking then an amended result may also be issued in favour of the petitioner within a stipulated time as may be directed by this Hon'ble Court.

When the High Court sought the reply from the university administration, they contended that that in Agra University, there is no provision for revaluation or rechecking of the answer sheet, therefore, the result of scrutiny or evaluation could not be published and request of the petitioner could not be accepted.

The counsel of the petitioner contended that it is not the case of any error in evaluation as such, but a case of gross negligence and irresponsibility, since, Examiner virtually has not checked entire answer sheet of petitioner and in a scrupulous manner, three answers have been awarded 2 marks each, leaving other answers unchecked. He produced a photocopy of answer sheet received from Agra University under provisions of Act, 2005. On perusal, we found that petitioner has given answers to five questions running in 36 pages of the answer sheet, but almost every page, except pages 11, 25 and 30, on which Examiner has given 2 marks, he has not even touched pen.

The High court went through the entire matter and stated that,

"we have gone through copy of answer sheet, which petitioner has obtained under Act 2005 and find that virtually it is unchecked copy and apparently it was evident that Examiner has not awarded marks by application of mind and, stand now fortified from evaluation made by three expert Examiners in the report."

It is really shocking and disappointing where a beginner professional student has met his fate at the hands of such an irresponsible and negligent Examiner, who has not cared to evaluate answer sheet with due application of mind. It also reflects upon lack of efficiency and appropriate supervision on the part of Examining Authority, i.e. Agra
University, which is employing such Examiners to evaluate answer sheets of students, who are not honest to their job and do not hesitate in giving or not giving marks to students in most careless, negligent and blindfold
manner.

The court further stated,

We are faced with a case where Examiner/Evaluator has virtually failed to evaluate answer sheet and has not even cared to read a large number of sheets of answer sheet. In a mechanical and casual fashion, he has awarded some marks to candidate without caring to future of student. Such Examiner/Evaluator is a blot on the pious position and entire community of teachers and has no right to continue to function as a teacher.

The court further directed to pay a compensation of Rs 1 lakh.

we have no option but to direct University to award average marks of three Examiners, awarded to petitioner under order of this Court and treat that he has been awarded 20 marks in Physiology, Paper-II and accordingly correct his marks sheet and
result and allow him to appear in further examinations accordingly.

We also find it appropriate to award a cost of Rs.1,00,000/- (i.e. rupees one lac) to petitioner, which at the first instance shall be payable by Agra University but it shall have liberty to recover the amount from concerned Examiner, after holding such enquiry as provided in law.

We hope and trust that Agra University, now shall take appropriate steps so that such irresponsible, scrupulous, unmindful and negligent Examiners/Evaluators are not deployed in future to evaluate answer sheets, whether it is a professional examination or general subjects or otherwise.

We also provide that, if any student who had appeared in examination of Agra University in the preceding three years, apply for reassessment or re-evaluation, taking present case as illustration, Agra University shall make reassessment/re-evaluation of answer sheet(s) of such student(s) and such case(s) shall not be declined for re- evaluation/reassessment only on the ground that there is no provision for re-evaluation in the Statute of University.