Karnataka High Court
Mr. M Pavan Kumar S/O M Ramalinga vs Rajiv Gandhi University Of Health ... on 7 June, 2022
Bench: R.Devdas
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WP No. 101825 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS
WRIT PETITION NO. 101825 OF 2022 (EDN-RES)
BETWEEN:
MR. M. PAVAN KUMAR
S/O M RAMALINGA
AGE. 22 YEARS,
OCC. STUDENT,
R/O.H.NO.1, K.M. YUSUF COMPOUND,
NEAR OLD VIJAYANGAR COLONY,
CANTONMENT, BALLARI-583104
TQ/DIST. BALLARI
...PETITIONER
(BY SRI. A. S. PATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH BLOCK JAYANAGAR,
BENGALURU-560041
REPRESENTED BY ITS VICE CHANCELLOR
VINAYAKA
BV 2. THE REGISTRAR-EVALUATION
Digitally signed by
VINAYAKA B V
RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES,
Location: Dharwad
Date: 2022.06.08
14:46:33 +0530
4TH BLOCK, JAYANAGAR,
BENGALURU-560041
3. THE NATIONAL MEDICAL COMMISSION
PACKET-14, SECTOR-8
DWARAKA PAHSE-1
NEW DELHI-110077
REPRESENTED BY ITS
EXECUTIVE SECRETARY
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WP No. 101825 of 2022
4. THE PRINCIPAL
SRI. DHARMASTHALA MANJUNATHESHWARA
COLLEGE OF MEDICAL SCIENCES AND HOSPITAL
MANJUSHREE NAGAR, SATTUR,
DHARWAD
...RESPONDENTS
(BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE FOR R1
AND R2; SRI. AVINASH M. ANGADI, ADVOCATE FOR R3;
NOTICE TO R4 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUION OF INDIA PRAYING TO ISSUE
WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION,
DIRECTING THE RESPONDENTS NO.1 TO CONDUCT 2
ADDITIONAL EVALUATION OF THE FAILED SUBJECTS OF THE
MBBS (RS3) EXAMINATIONS OF FEBRUARY 2022 UNDERTAKEN
BY THE PETITIONER, STRICTLY IN TERMS OF REGULATION 13
OF THE MEDICAL COUNCIL OF INDIA GRADUATE MEDICAL
EDUCATION REGULATIONS, 1997, INCLUDING DEVIATION
VALUATIONS ON THERE BEING A DIFFERENCE OF 15 MARKS
BETWEEN ALL THE EVALUATORS, IN TERMS OF ORDERS
DATED 19.04.2022 AND 26.04.2022 PASSED IN W.P.
NO.7999/2022 AND W.P.NO.8874/2022 RESPECTIVELY AND
CONNECTED WRIT PETITIONS VIDE ANNEXURE-G AND H
RESPECTIVELY, AS PER THE LAW ALREADY DECLARED BY THIS
HON BLE COURT IN THE EARLIER WRIT PETITIONS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN B-GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
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WP No. 101825 of 2022
ORDER
R.DEVDAS J., (ORAL):
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 two more evaluations of the answer
scripts in paper Nos.1 and 2 of Microbiology and
Pharmacology of the 2nd year M.B.B.S (R.S-III scheme)
course in accordance with Regulation 13(2) of the Medical
Council of India Graduate Medical Education Regulations,
1997 (hereinafter referred to as 'the Regulations, 1997).
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
WP No. 101825 of 2022
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
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 conduct two additional
valuations of the failed subject of the petitioner of 2nd Year
M.B.B.S. (R.S-III scheme) course examinations that were
WP No. 101825 of 2022
conducted during the month of February, 2022, in terms of
Regulation 13(2) of the Regulations, 1997.
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.
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
DL
