Rahil Ramachandragouda Patil ... vs The State Of Karnataka
2021 Latest Caselaw 2681 Kant

               IN THE HIGH COURT OF KARNATAKA
                       DHARWAD BENCH
             DATED THIS THE 7TH DAY OF JULY, 2021
                              BEFORE
           THE HON'BLE MR.JUSTICE RAVI V.HOSMANI

                W.P. No. 100399/2021 (EDN-RES)
BETWEEN:

RAHIL RAMACHANDRAGOUDA PATIL,
D/O RAMACHANDRAGOUDA, AGED ABOUT 23 YEARS,
OCC:- STUDENT, R/O # PLOT NO. 38/39, SHIRUR PARK,
2ND STAGE, NEAR AYYAPPASWAMY TEMPLE,
VIDYANAGAR, VTC: HUBLI-580 021.
                                                     -   PETITIONER
(BY SRI ARAVIND D. KULKARNI, ADVOCATE)

AND

1.    THE STATE OF KARNATAKA,
      REP. BY ITS SECRETARY,
      DEPARTMENT OF MEDICAL EDUCATION,
      M.S. BUILDING, 7TH FLOOR, DR. AMBEDKAR ROAD,
      BANGALORE-560 001.

2.    THE REGISTRAR,
      RAJIV GANDHI UNIVERSITY
      OF HEALTH SCIENCES, 4TH 'T' BLOCK,
      JAYANAGAR, BANGALORE-560 041.

3.    SRI B.V.V. SANGHA'S NIJALINGAPPA
      MEDICAL COLLEGE, BAGALKOT-587 101,
      REP. BY ITS PRINCIPAL.
                                             -      RESPONDENTS
(BY SRI SHIVAKUMAR BADAWADGI, ADVOCATE FOR R1 & R2,
SRI S.B. HEBBALLI, ADVOCATE FOR R3)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE ENDORSEMENT DATED
21.01.2021 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-H & ETC.
                                    2




      THIS WRIT PETITION COMING ON FOR HEARING ON INTERLOCUTORY
APPLICATION THIS DAY, THE COURT, MADE THE FOLLOWING:

                                 ORDER

In this writ petition, it is stated that petitioner has completed

phase-I and phase-II and had appeared for phase-III part-1

examination. However, on publication of the results of the November,

2020 examination, the petitioner had failed in phase-III part-1

examination. On noting error in the evaluation of her answer script,

several students had approached this Court challenging Sec.35 of the

RGHUS Act, 1994 and the ancillary regulations. During pendency of

the writ petition, subsequent examinations were approaching, this

Court permitted petitioner to appear for examinations in the failed

subjects held during March, 2021 subject to further orders of this

Court. Petitioner having appeared for the examinations and in

pursuance of the order dated 17.06.2021 the results have not been

declared, the petitioner has passed phase-III part-1 examination.

Therefore, impediment in pursuing M.B.B.S. Courts further has been

cured.

2. Insofar as prayer (a) and (b), this Court on 09.03.2021 has

noted that they have become unnecessary in view of the judgment of

the co-ordinate bench. The order passed by co-ordinate bench of this

Court would enure to the benefit of all the students. Moreover, this

Court on 09.03.2021 observed prayer (a) and (b) infructuous.

3. Even prayer number (c) does not survive for consideration as

the petitioner has already passed phase-III part-1 examination. As

the petitioner has written examination in March, 2021 independent of

her right insofar as the prayers sought for in the writ petition and has

since passed examination, nothing more survives for adjudication.

Therefore, this writ petition is disposed of as nothing more survives for

adjudication. Hence, the writ petition is disposed of.

SD/-

JUDGE bvv