Monday, June 13, 2011

High court rectifies GU’s reassessment method

AHMEDABAD: The Gujarat high court on Monday corrected Gujarat University (GU) in its calculation of marks in reassessment and also in interpreting the rules for re-evaluation.

Upon requisition of reassessment from students, the university normally goes for second reassessment in cases where the difference of marks before and after is more than 15%. As per the Rule 11 of the Reassessment Rules, the university gives effect to the result obtained after the second reassessment. However, in case the difference of marks is less than 15% of previous total, it is not calculated giving a miss to Rule 9 that says "the marks obtained by a student upon reassessment would be final and binding upon the student".

The high court intervened in this process, when a student of Gandhinagar's Karnavati School of Dentistry, Megha Goswami approached it. She scored 46 marks out of 100 in the Oral Pathology and Microbiology subject in third year, whereas the minimum passing marks are 50. She went for reassessment in March, and after reassessment, was awarded 50 marks.

However, the university declared her fail without giving the rise of four marks. She filed a petition in the high court, where the university tried to justify its decision by saying that in such cases, the university applies Rule 11.

Since the difference of marks was not above 15% in Goswami's case, marks originally awarded were kept intact and four marks increased during reassessment were not given effect. Goswami's lawyer Bhargav Hasurkar contended that Rule 9 clearly stipulates that the marks obtained by a student upon reassessment are final and binding upon the student.

After hearing arguments from both the sides, a bench of Justice D H Waghela concluded that the controller of examination was wrong in not considering Rule 9 in such reassessment cases. HC asked the university to increase four marks in the concerned paper and declare the petitioner passed in the examination.

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