Karnataka High Court
Almas Kausa And Ors vs Rajiv Gandhi University Of Health ... on 30 July, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC-K:5481
WP No. 201553 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.201553 OF 2024 (EDN-RES)
BETWEEN:
1. ALMAS KAUSA
D/O MOHAMMED AMEERUDDIN,
AGE: 24 YEARS, OCC: STUDENT,
COLLEGE KHAJA BANDENAWAZ
INSTITUTE OF MEDICAL SCIENCES COLLEGE,
R/O. KHUNI ALWA MOMINPURA,
KALABURAGI-585104.
REG. NO. 18M5191
2. NAYESHA NOORIEN
D/O N WAHEED PATEL,
AGE: 22 YEARS, OCC: STUDENT,
COLLEGE AL-AMEEN
MEDICAL COLLEGE VIJAYAPURA,
R/O. H.NO. 2-5-140/1/1,
Digitally signed by
BASALINGAPPA OPP. AR-RAHEMAN MASJID,
SHIVARAJ
DHUTTARGAON S.S. COMPOUND,
Location: HIGH KOT-TALAR, TARANATH ROAD,
COURT OF
KARNATAKA RAICHUR-584101.
REG. NO. 16M2275.
3. FATHEEMA FARHEEN
D/O. MD. KHAJA HUSSAIN,
AGE: 25 YEARS, OCC: STUDENT,
COLLEGE KHAJA BANDENAWAZ
INSTITUTE OF MEDICAL SCIENCES COLLEGE,
R/O. KBN GIRLS HOSTEL,
NOOR BAGH, KHAJA COLONY,
KALABURAGI-585101.
REG. NO. 18M5206.
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WP No. 201553 of 2024
4. SURAJ R DANDE
S/O RAJENDRA DANDE,
AGE: 24 YEARS, OCC: STUDENT,
COLLEGE S. NIJALINGAPPA MEDICAL SCIENCES
COLLEGE (SNMC), BAGALKOT,
R/O. PLOT NO. 64,
4TH CROSS, GDA SANTRASWADI,
SVBP LAYOUT,
KALABURAGI-585105.
REG. NO. 18M1264.
5. ROHAN WAGHMODE
S/O MANOHAR WAGHMODE,
AGE. 22 YEARS, OCC: STUDENT,
COLLEGE KHAJA BANDENAWAZ
INSTITUTE OF MEDICAL SCIENCES COLLEGE,
R/O. PLOT NO. 1-866/3A/A2
BHAGWATI NAGAR,
NEAR SANGMESHWAR HOSPITAL,
KHEDEKAR LAYOUT,
KALABURAGI-585103.
REG. NO. 18M5256.
6. ADITYA S/O DEVENDRA S GUTTEDAR,
AGE:25 YEARS, OCC: STUDENT,
COLLEGE KBNIMS,
R/O. PLOT NO.2-910/62/434/A,
GDA LAYOUT KUSNOOR ROAD,
KALABURAGI-585103.
REG. NO. 14M2753.
7. SYED QUAID IMRAN
S/O SYED RASHID ALI,
AGE: 25 YEARS, OCC: STUDENT,
COLLEGE KHAJA BANDENAWAZ
INSTITUTE OF MEDICAL SCIENCES COLLEGE,
R/O. PLOT NO. 8/32, NEAR OLD TMC OFFICE,
MAIN ROAD, CHITGUPPA,
REG. NO. 17M4614.
8. GOPIGARI VIVEK KUMAR GOUDA
S/O G. RAJENDER GOUD,
AGE. 23 YEARS, OCC: STUDENT,
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WP No. 201553 of 2024
COLLEGE MR MEDICAL COLLEGE,
RESIDENCE OF PLOT NO. 85,
GDA LAYOUT, SWASTIK NAGAR,
SEDAM ROAD, KALABURAGI-585105.
REG. NO. 13M0648.
...PETITIONERS
(BY SMT.HEMA L. KULAKARNI, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCE KARNATAKA,
THROUGH ITS VICE CHANCELLOR,
4TH BLOCK, JAYA NAGAR,
BENGALURU-560041.
2. THE REGISTRAR EVALUATION
RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES, KARNATAKA,
4TH BLOCK, JAYA NAGAR,
BENGALURU-560011.
...RESPONDENTS
(BY SRI MADHUSUDAN R. NAIK, SR. COUNSEL FOR
SRI R.J. BHUSARE, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED AMENDMENT TO ORDINANCE/
NOTIFICATION GOVERNING, CENTRAL ASSESSMENT
PROGRAMME (CAP) FOR THEORY PAPER ASSESSMENT OF ALL
UNDER GRADUATE HEALTH SCIENCE COURSES OF UNIVERSITY
DATED 13.06.2023 WITH NO. RGU/AUTH/25TH CON/SYN/16/
2023-24 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE
K IN THE INTEREST OF JUSTICE AND EQUITY; A MANDAMUS
DIRECTING THE RESPONDENT UNIVERSITY TO APPLY THE
AMENDMENT TO ORDINANCE/NOTIFICATION GOVERNING
CENTRAL ASSESSMENT PROGRAMME (CAP) THEORY PAPER
ASSESSMENT OF ALL UNDER GRADUATE HEALTH SCIENCE
COURSES OF UNIVERSITY DATED 05.09.2022 VIDE NO.
RGU/AUTH/24TH CON/SYND/04/2022-23 ISSUED BY THE
RESPONDENT NO. 2 VIDE ANNEXURE-J TO THE MBBS (RS3)
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WP No. 201553 of 2024
EXAMINATION OF JAN-FEB 2024 UNDERTAKEN BY THE
PETITIONERS AND THEREAFTER TO CONDUCT 2/3 ADDITIONAL
VALUATION (4/5 VALUATIONS) OF THE FAILED SUBJECTS OF
THE MBBS(RS3) EXAMINATION OF JAN-FEB 2024 AND TO
DECLARE THE RESULTS AFRESH STRICTLY IN TERMS OF THE
DECISIONS RENDERED BY THIS HON'BLE COURT IN NEELESH
MEHTA S CASE AND BASANTH K.B S CASE; OR IN THE
ALTERNATIVE, ISSUE A MANDAMUS DIRECTING THE
RESPONDENT UNIVERSITY TO RECOMPUTED THE RESULTS OF
THE MBBS (RS3) EXAMINATIONS OF JANUARY-2024
UNDERTAKEN BY THE PETITIONERS BUY CONSIDERING ONLY
THE BEST OF FOUR EVALUTIONS IN THE FAILED SUBJECTS
MBBS (RS3) EXAMINATION OF JANUARY 2024 AND TO
DECLARE THE RESULTS AFRESH AT THE OUTER LIMIT OF ONE
WEEK, IN THE INTEREST OF JUSTICE AND EQUITY;OR IN THE
ALTERNATIVE, DIRECTING RESPONDENTS TO EXTENT THE
SAME SCHEME OF VALUATION APPLICABLE TO RS4 SCHEME
AND ALSO UNIFORM APPLICATION OF VALUATION SCHEME BE
MADE APPLICABLE TO ALL THE RS3 SCHEME STUDENTS AND
TO RECOMPUTE THE RESULT IN TERMS OF THE SCHEME
APPLICABLE TO RS3 AND S4 SCHEME AND ALSO TO
RECOMPUTE THE RESULT OF MBBS RS3 (SCHEME) OF JAN
2024 UNDERTAKEN BY THE PETITIONERS BY CONSIDERING
BEST OF 2 VALUATIONS IN THE FAILED SUBJECTS OF MBBS
(RS3) EXAMINATION OF JAN 2024 AND TO DECLARE THE
RESULT AFRESH AT THE OUTER LIMIT OF ONE WEEK IN THE
INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioners are before this Court seeking for the following reliefs:
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NC: 2024:KHC-K:5481 WP No. 201553 of 2024 I. Issue a writ of certiorari quashing the impugned amendment to ordinance/ notification governing, central assessment programme (CAP) for theory paper assessment of all under graduate health science courses of university dated 13.06.2023 with No. RGU/AUTH/25th CON/SYN/16/2023-24 issued by the respondent No.2 vide Annexure-K in the interest of justice and equity.
II. Issue a writ or order or direction in the nature of mandamus directing the respondent university to apply the amendment to ordinance/ notification Governing Central Assessment Programme (CAP) theory paper assessment of all under graduate health science courses of University dated 05.09.2022 vide No. RGU/AUTH/24th CON/SYND/04/2022-23 issued by the respondent No.2 vide Annexure-J to the MBBS (RS3) examination of Jan-Feb 2024 undertaken by the petitioners and thereafter to conduct 2/3 additional valuation (4/5 valuations) of the failed subjects of the MBBS(RS3) examination of JAN-FEB 2024 and to declare the results afresh strictly in terms of the decisions rendered by this Hon'ble Court in Neelesh Mehta's case and Basanth K.B's case.
III. Or in the alternative, issue a writ or order or direction in the nature of mandamus directing the respondent University to recomputed the results of the MBBS (RS3) examinations of January-2024 undertaken by the petitioners buy considering only the best of four evaluations in the failed subjects MBBS (RS3) examination of January 2024 and to declare the results afresh at the outer limit of one week, in the interest of justice and equity.
IV. Or in the alternative, the direction may be issued to the respondents to extend the same scheme of valuation applicable to RS4 scheme and also uniform application of valuation scheme -6- NC: 2024:KHC-K:5481 WP No. 201553 of 2024 be made applicable to all the RS3 scheme students and to recompute the result in terms of the scheme applicable to RS3 and RS4 scheme and also to recompute the result of MBBS RS3 (scheme) of Jan-2024 undertaken by the petitioners by considering best of 2 valuations in the failed subjects of MBBS (RS3) examination of Jan-2024 and to declare the result afresh at the outer limit of one week in the interest of justice.
V. Issue any other appropriate writ, or order or direction as this Hon'ble court deems fit to grant in the facts and circumstances of the case in ends of justice and equity.
2. Both the counsel submit that the reliefs at serial numbers-I to III are covered by the judgment of a Co-ordinate Bench of this Court dated 14.02.2024 in W.P.No.29338/2023 and other connected matters. In that view of the matter, what is remaining to be considered is only relief at Sl.No.IV.
3. The submission of Smt.Hema L.Kulkarni, counsel for the petitioner is that RS3 scheme was being applicable till the year 2023. Thereafter, due to the amendment, the next batches are entitled for RS4 scheme. Her submission is that under the RS3 scheme, there are four evaluators and the average of -7- NC: 2024:KHC-K:5481 WP No. 201553 of 2024 the four evaluators is required to be taken, whereas in terms of RS4 scheme, there are two evaluators and the higher marks awarded by any of the two evaluators has to be taken into consideration, thereby putting the petitioners who are the last batch of RS3 scheme at a disadvantage. Since the very next batch would be entitled for benefit of two evaluators instead of four evaluations.
4. On inquiry as to in what manner the same would have an adverse effect on the petitioners, she submits that it is likely that four examiners would offer four different set of marks and the average would become lesser, whereas the difference between two examiners awarding two different set of marks is lower and the marks that could be awarded would be higher of that awarded by the two evaluators.
5. Sri.Madhusudan R.Naik, learned Senior Counsel appearing on behalf of Sri.R.J.Bhusare, for the -8- NC: 2024:KHC-K:5481 WP No. 201553 of 2024 respondents submits that RS3 scheme has been made applicable to the students until the year 2023 in pursuance of the judgment of the Division Bench of this Court in W.A.No.57/2023 and as such, he submits that there is no discretion left with the respondent No.2 to either apply RS3 scheme or RS4 scheme to the petitioners. All the students admitted prior to 05.09.2022, would be part of RS3 Scheme which would be applicable to them till they pass out and students who are admitted post 05.09.2022, the RS4 scheme would apply and this distinction having been made in terms of the decision of the Division Bench of this Court dated 27.01.2023 in W.A.No.57/2023 which has been rendered accepting and upholding the regulations of respondent-NMC (National Medical Commission) which came into being post the amendment in the year 2019 replacing the Medical Council of India. In terms of notification dated 05.09.2022 for admission made for -9- NC: 2024:KHC-K:5481 WP No. 201553 of 2024 the academic year 2021-22 onwards RS4 scheme would apply, prior to that, RS3 scheme.
6. Heard Smt.Hema L.Kulkarni, learned counsel for the petitioners, Sri.Madhusudan Naik, learned Senior Counsel appearing on behalf of Sri.R.J.Bhusare, for the respondents and perused the writ papers.
7. The essential submission made by learned counsel for the petitioners is that the students are being discriminated on account of the cutoff date fixed for the batches prior to 2021-22 and post 2021-22. Inasmuch as prior to 2021-22, RS3 scheme is applied and post 2021-22, RS4 scheme is applied. On that basis, she seeks for RS4 scheme to be made applicable to the students who have been admitted prior to academic year 2021-22. I am of the considered opinion that the said distinction having been made in furtherance of the judgment of the Division Bench of this Court in W.A.No.57/2023, this court cannot consider such a submission. This court
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NC: 2024:KHC-K:5481 WP No. 201553 of 2024 being bound by the judgment of the Division Bench. The cutoff date which has been fixed in terms of the judgment of this Court upholding the NMC's regulation cannot be said to be discriminatory after the judgment has been pronounced.
8. This aspect has also been considered by a Co-ordinate Bench of this Court in W.P.No.18832 of 2022, in a judgment dated 01.02.2023 which would also be applicable to the present case. As such, no grounds being made out, there being no merit, the petition stands dismissed.
Sd/-
(SURAJ GOVINDARAJ) JUDGE VNR List No.: 1 Sl No.: 74.3 Ct:RMB