<p>However, the Court said the ordinance brought out by the University regarding the same subject can be made applicable from March. <br /><br />Hearing a petition by Sumeeth Kumar and others, students of Dr B R Ambedkar medical college, Justice Mohan Shanthanagowdar directed the University to recalculate the total marks of the students instead of the marks awarded by the two separate evaluators (median value).<br /><br />The court observed that the vice-chancellor had no power to pass such an order and his order is not sustainable. So the notification dated September 11, 2008 regarding the challenge valuation to arrive at the median value by the Vice Chancellor was unconstitutional, the court observed.<br /><br />Procedure incorrect<br /><br />The Court said, “The Vice Chancellor’s objective was in the wider interest of the students, but the procedure is not correct and the action is not in accordance with the law.”<br /><br />The Court said it will not interfere with the policy decision of the university as it is in the domain of University for making policy, modifying and repelling if needed. <br /><br />“As the order is not sustainable in the eye of the law, the order dated 11 September, 2008 is quashed. The University is directed to recalculate the marks secured by the petitioners in challenging the valuation, while an ordinance passed by the University on April 3, 2009 can be made applicable from March onwards.”<br /><br />The counsel appearing for the students had argued that the students were awarded less mark in revaluation of the marks. <br /><br />“The university did not consider the differences of minimum and maximum marks obtained by the students, but it had considered the median marks in the revaluation of the answer scripts,” the petitioner argued. <br /><br />The petitioners had challenged the notification issued by the Vice Chancellor stating this process of valuation has given them less marks.</p>
<p>However, the Court said the ordinance brought out by the University regarding the same subject can be made applicable from March. <br /><br />Hearing a petition by Sumeeth Kumar and others, students of Dr B R Ambedkar medical college, Justice Mohan Shanthanagowdar directed the University to recalculate the total marks of the students instead of the marks awarded by the two separate evaluators (median value).<br /><br />The court observed that the vice-chancellor had no power to pass such an order and his order is not sustainable. So the notification dated September 11, 2008 regarding the challenge valuation to arrive at the median value by the Vice Chancellor was unconstitutional, the court observed.<br /><br />Procedure incorrect<br /><br />The Court said, “The Vice Chancellor’s objective was in the wider interest of the students, but the procedure is not correct and the action is not in accordance with the law.”<br /><br />The Court said it will not interfere with the policy decision of the university as it is in the domain of University for making policy, modifying and repelling if needed. <br /><br />“As the order is not sustainable in the eye of the law, the order dated 11 September, 2008 is quashed. The University is directed to recalculate the marks secured by the petitioners in challenging the valuation, while an ordinance passed by the University on April 3, 2009 can be made applicable from March onwards.”<br /><br />The counsel appearing for the students had argued that the students were awarded less mark in revaluation of the marks. <br /><br />“The university did not consider the differences of minimum and maximum marks obtained by the students, but it had considered the median marks in the revaluation of the answer scripts,” the petitioner argued. <br /><br />The petitioners had challenged the notification issued by the Vice Chancellor stating this process of valuation has given them less marks.</p>
