Commentary on the case of Mumbai University students, 1 of 3 student seeking a revaluation
1 in 3 univ students applies for revaluation
Unfairness and Wrong are not one and the same thing.
On Internet (google), Fairness is defined as :
not fair; not conforming to
approved standards, as of justice, honesty, or ethics: an unfair law; an unfair wage policy. 2. disproportionate; undue; beyond what is
proper or fitting: an unfair
share.
As we can see from the definition, the meaning of unfairness
cannot be easily assumed to be Wrong.
Unfairness is about something being not proportionate. This
implies that it does not necessarily means something which is disproportionate
is purposefully wrong. Human life is filled with instances, belief ,
judgements, which cannot be accurately measured. They are called Subjective evaluations. Every person can
hold different proportion of his evaluation on these matter. That means, merely because one’s evaluation
does not meet the other’s standards , it should not be called out as Wrong.
There, we stumble
upon a limitation of all the theories of justice that we practice. Because, the
theories of justice deal with controlling the Wrong, not the one’s
which have been disproportionately evaluated. The English language simple term
for a proportionate
evaluation is Fairness.
It is possible within the modern laws that someone conduct himself unfair with
another person, and may yet not be culpable for having caused any apparent
damage to him. That is, without having done any wrong apparently.
Unfairness is
fundamentally the dishonest, unethical conduct during the process. Unfair
process will surely yield wrongful loss
or a wrongful gain. Where there is
objective evaluation process involved, i.e., the use of Logic, the detection of
Unfairness may be possible. But wherever there is subjective process involved,
the unfairness remains merely emotionally palpable, but never culpable.
That is, one can feel the occurrence of wrong, but
he is in no good position to blame the wrong doing on someone.
All Discriminations
(whether gender based, caste based, religion based, region based, or
professional lobbies based) are supposed to be seated in acts of Unfairness.
Individual acts of Unfairness are not possible to be proved. Individual can
only feel the unfairness happening with him. He has seldom scope of accusing or
blaming the unfairness, because evidencing is not easy. More so, if the
evaluation process involves Subjective
evaluation. The only way to detect a suspected case of unfairness is when
the disproportionate results become too large scale or heavy to reveal out by
themselves, and the human conscience is left with no choice but to admit it the
existence of act of unfairness.
This is how the
revelations of the RTIs help in detecting the unfairness.
In the law courts, Unfairness is seen more
commonly during malpractices in labour handling, and during competitive laws
aimed at preventing wrongful loss or wrongful gains. Unfair Labour Practices,
or the ULP, is a term we all have heard during our lectures of Labour Laws.
Similarly, there are issues in Competitive laws which come under the ambit of unfair competition rules.
Were it not for the revelations of the RTI, imagine how the
act of unfairness would have slipped of as.
The teachers lobby would have been accusing the modern
students as undeserving, inept, incapable of passing the exam upon a strict
evaluation and marking. The teacher lobby would put the students in the light
of being beggar, unable to accomplish things without seeking grace, by his own
merit.
We all should be
thankful to the RTI maker and its revelation which have shown to the world the
fault may perhaps not be in the quality
of learner, but in the quality of examiner,
not in the answer script, but in the evaluation.
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