Soujanya D/O Subhash Khot vs Rajiv Gandhi University Of Health ...
2022 Latest Caselaw 10241 Kant

                                                 -1-




                                                           WP No. 102331 of 2022


                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 04TH DAY OF JULY, 2022

                                              BEFORE

                                THE HON'BLE MR JUSTICE R.DEVDAS

                           WRIT PETITION NO. 102331 OF 2022 (EDN-RES)

                      BETWEEN:

                      1.   SOUJANYA D/O SUBHASH KHOT
                           AGE.19 YEARS,
                           STUDENT OF 1ST YEAR MBBS IN
                           B.V.V.SANGHAS S NIJALINGAPPA
                           MEDICAL COLLEGE,
                           BAGALKOT-587101

                                                                    ...PETITIONER

                      (BY SRI C.S SHETTAR & SMT. KAVYA.C.SHETTAR, ADVOCATES)



                      AND:

                      1.   RAJIV GANDHI UNIVERSITY OF
                           HEALTH SCIENCE
                           4TH T BLOCK, JAYANAGAR,
VINAYAKA                   BANGALORE-560041,
BV
Digitally signed by
                           REPRESENTED BY ITS
VINAYAKA B V
Location: Dharwad
Date: 2022.07.06
                           VICE CHANCELLOR
10:15:18 +0530
                      2.   RAJIV GANDHI UNIVERSITY
                           OF HEALTH SCIENCE
                           4TH T BLOCK, JAYANAGAR,
                           BANGALORE-560041,
                           REPRESENTED BY ITS
                           REGISTRAR (EVALUATION)
                      3.   B.V.V. SANGHAS.S.NIJALINGAPPA
                           MEDICAL COLLAGE,
                                -2-




                                        WP No. 102331 of 2022


    BAGALKOT-587101
    REPRESENTED BY ITS PRINCIPAL

                                               ...RESPONDENTS

(BY SRI J.M.GANGADHAR, ADVOCATE FOR R1 & R2
   NOTICE TO R3 IS DISPENSED WITH)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS OR SUCH OTHER WRIT
DIRECTING THE RESPONDENTS-1 AND 2 UNIVERSITY TO TAKE
IMMEDIATE STEPS TO PROPERLY EVALUATE THE ANSWER
SCRIPT OF THE ANATOMY PAPERS-1 OF THIS PETITIONER AND
AWARD APPROPRIATE MARKS AND ETC.
     THIS PETITION COMING ON FOR PRELIMINARY HEARING
- B GROUP THIS DAY, THE COURT MADE THE FOLLOWING.
                              ORDER

The petitioner, a medical student is before this Court

seeking a writ of mandamus directing the respondents,

especially respondents No.1 and 2, who are the Registrar

(Evaluation) and Rajiv Gandhi University of Health

Sciences, to conduct evaluation of the answer scripts in

paper No.1 of Anatomy of the 1st year M.B.B.S (R.S-IV

scheme) course in accordance with Regulation 13 of the

Medical Council of India Graduate Medical Education

Regulations, 1997 (hereinafter referred to as 'the

Regulations, 1997).

WP No. 102331 of 2022

2. Learned Counsel for the petitioner submits that

this Court in the case of Basanth K.B. Vs. Rajiv Gandhi

University of Health Sciences and Another

(W.P.No.231/2021 and connected cases disposed of on

11.02.2021) has held that in terms of Regulation 13(2)

four evaluations were required to be conducted, wherever

it is found that there is difference of 15% marks or more

between all the evaluators and therefore directed the

respondent-University to conduct the deviation valuation

and had further directed that the benefit of the judgment

should be extended to all the similarly circumstanced

students without driving them to unnecessary litigations.

3. Learned Counsel would further draw the attention

of this Court to recent orders passed in W.P.No.7999/2022

dated 19.04.2022 and W.P.No.8874/2022 dated

26.04.2022, which were rendered following the earlier

decision of this Court.

4. Learned Counsel for the respondent-University

does not dispute the fact that such directions were issued

WP No. 102331 of 2022

by this Court and the same has been complied by the

respondent-University.

5. Consequently, the writ petition is allowed.

Respondent No.1-Rajiv Gandhi University of Health

Sciences is hereby directed to firstly verify whether the

difference of valuation in terms of the regulation is 15% or

more and if it is found that difference is 15% or more,

then to conduct additional valuations of the failed subject

of the petitioner of 1st Year M.B.B.S. (R.S-IV scheme)

course examinations that were conducted during the

month of May, 2022, in terms of Regulation 13 of the

Regulations, 1997 within two weeks.

6. However, it is once again directed that Respondent

No.1-University shall ensure that all the students who are

entitled for the similar benefit should necessarily be given

the benefit as was directed earlier by this Court and

ensure that unnecessary litigation is not generated.

WP No. 102331 of 2022

The evaluations are to be carried out and results

have to be announced as expeditiously as possible and at

any rate within a period of three weeks from today.

Ordered accordingly.

SD JUDGE

KLY