Date:07/01/2005 URL: http://www.thehindu.com/2005/01/07/stories/2005010715430600.htm

Tamil Nadu - Chennai

Court upholds cancellation of MS examination

By Our Staff Reporter

CHENNAI, JAN. 6. The Madras High Court has upheld the cancellation of examinations for MS Ophthalmology conducted in March-April last and their rescheduling following irregularities in awarding marks.

A. Priya, an examiner, had complained that she was pressured to award pass marks to a candidate whose performance was "very poor." She alleged that she received phone calls from "persons at the level of the Vice-Chancellor and Director of Ophthalmology" recommending the candidate be passed.

Following the complaint, the Controller of Examination issued the impugned May 2004 order cancelling the examinations and rescheduling them. A batch of students moved the High Court, contending that it did not use any "undue influence" on the examiner and that the university should not have cancelled the entire examination for the fault of one student. Hardship had been caused to all innocent students, it said.

However, the Additional Advocate-General, R. Muthukumarasamy, submitted that pass marks had been given to some other students "to cover up the issue."

In view of the submissions, Justice D. Murugesan said, "as it is not possible for the authorities to conduct re-examination for one candidate, the only course to be adopted by the university is to cancel the examination in toto. Such a decision cannot be interfered with on the sole ground that the examination of candidates who had indulged in influencing the examiner alone should be cancelled."