Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Head of department has been spoiling his career

(Querist) 16 December 2013 This query is : Resolved 
My cousin brother has done M.D in Neurology from Reputable medical Institute of India and during is tenure there was differences has been created between his head of department where he was threatened to leave the course or else he will terminate his candidature . Aggrieved over the attitude my cousin approached to the association and because of their intervention he could complete the tenure but during the tenure he started harassing him by various ways. During the final examinations because of his influence, head failed him intentionally as result he appeared again in examinations and this time he put all of his efforts but again failed him which was shocking to him as well as to me as well as to me.
My cousin has good academic track record as he was selected in UPSC examinations but due to the personal rivalry and grudge with the Head he deliberately has been ruining his carrer
The examination through has been taken by external examiner but Head played vital role as he too be the examiner appointed on all occasions
Please help
Sudhir Kumar, Advocate (Expert) 17 December 2013
you have not been able to explain the problem.

Let your cousine meet some person well versed with the service matters.
V R SHROFF (Expert) 17 December 2013
ur cousin shd write letters to Minister of Health/ higher authority
malipeddi jaggarao (Expert) 17 December 2013
According to my knowledge in Medicine PG, there will be two examiners, one is external and the other is internal. Yes, it is practical problem, many doctors have faced it. There is no instant solution/recourse for this menace. Your cousin will have to wait till an external examiner who does not yield to the opinion of internal examiner, takes his turn. Personal grudge is not an easy thing to prove. Any step without having sufficient proof may worsen the situation. Other colleagues of that Professor, who have sympathy towards your cousin, may strike some reconciliation.
Rajendra K Goyal (Expert) 17 December 2013
This is the question of life and your cousin should understand. Good captain also sometime withdraw from the won territory. By hook or crook, by feeling sorry through mediators he should won the degree and keep his revenge for some later date.

No legal step can fetch immediate relief.
T. Kalaiselvan, Advocate (Expert) 17 December 2013
The struggle with the higher studies is not with the subject alone but with the external factors too. This is not a remote case, it happens not only with the medical profession's higher education, it is the same scene with Ph.D scholars too. The guides of research scholars exploit the poor and literally handicapped ambitious scholars in most aspects including sexual advances/harassment bringing total disrepute to the studies itself or disgracing the prospective scholars. This is an invisible menace which cannot fought against or brought to light due to lot of untold problems attached therein. One or two incidences of such nature do emerge to the outside world, example, the recent controversy involving the Retired judge misbehaving with his lady intern, but that is a different platform. I think the next course of action is to wait until a new external examiner takes his turn to examine his studies as rightly advised by Mr. Rao.
Raj (Querist) 17 December 2013
Thanks for reply..
Whether he should write to the Dean explaining about his grievances so that next time same thing may not happen again?

Is there any precedent of court granting relief, such as change of practical examination centre to a neutral venue, in such cases ?
Kumar Doab (Expert) 18 December 2013
Supreme Court of India has decided that student can obtain copy of answer sheet thru RTI.

>> Supreme Court of India
Centrlal Board Of Sec.Education & ... vs Aditya Bandopadhyay & Ors

The bench comprising Hon’ble Mr Justice RV Raveendran and Hon’ble Mr Justice AK Patnaik dismissed the petitions filed by different public authorities and affirmed the judgement of Hon’ble Calcutta High Court allowing the disclosure of answer-sheets. The case was filed by the Central Board of Secondary Education, West Bengal Board of Secondary Education, West Bengal Council for Higher Education, University of Calcutta, Institute of Chartered Accountants of India, West Bengal Central School Service Commission and Assam Public Service Commission, challenging the common order and judgement dated 05/02/2009 passed by the division bench of the Calcutta High Court.

Human Rights Law Network (HRLN) has filed an intervention application on behalf of the applicants – Mazdoor Kisaan Shakti Sangathan (MKSS) and Join Operation for Social Help (JOSH) on 30.04.2010.

>>IN another case when the institute responded that answer sheet has been destroyed the apex court ordered fresh examination.

Supreme Court of India
Poonam Rani @ Poonam vs State Of Haryana & Anr.

>> Thus Answer sheets of board/university/public service commissions/professional exams can be obtained/inspected by students......................

Thus it should covers exams conducted by CBSE, STATE BOARDS, UNIVERSITIES, PROFESSIONAL BODIES, PUBLIC SERVICE COMMISSIONS. It is doubtful if it can be applied to departmental promotion exams, though ratio can be reasonably extended to such exams/tests.

>> Apply for copy of the evaluated answer sheet.

The point is that a meritorious student should get score in exam as per merits, and meritorious student’s career should not be allowed to be murdered by a vindictive and zealous HOD.

At his age what he is doing is unpardonable.
The same association can help the student again.

Kumar Doab (Expert) 19 December 2013
In another thread at:

Discussion > Labour & Service Law > Evaluation of answer sheet

The student that had taken exam found that a total 76 question's answers written by him were not evaluated at all.........................!!!!!

What trick and tactics were used in case of the student quoted by the author of this post is yet to be revealed.

However in his case the HOD was examiner each time............................!!!!!

This student has an evidence in the form of his complaint to association and action taken by association.

How do you apply all of it, is your discretion.

Do approach a competent and experienced lawyer with copies of all docs and give inputs in person and understand the merits.

The institute must behaving a set protocol in printed version on how to deal with such matters.

Obtain copies and relate.

God bless and good luck.

P. Venu (Expert) 23 December 2013
The instance highlighted is common occurrence in higher studies and career. The primary reason is our inchoate notions of discipline and obedience which, in practice is equated with subservience.

Any remedy could be possible only through an action in tort which has virtually disappeared from our Court Rooms. When and how we will able to reinvent or rediscover the ACTIONS IN TORT?
Kumar Doab (Expert) 23 December 2013
Agreed with Mr.Venu.

Obtain copy of answer sheets and proceed further.

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