Karnataka High Court

Shashank Y B vs The Registrar (Evaluation) on 2 March, 2022

Bench: P.Krishna Bhat

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 02ND DAY OF MARCH, 2022

                         BEFORE

         THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

        WRIT PETITION NO.1385/2022(EDN-RES)
                        C/W
        WRIT PETITION NO.553/2022(EDN-RES)
        WRIT PETITION NO.630/2022(EDN-RES)
        WRIT PETITION NO.1050/2022(EDN-RES)
        WRIT PETITION NO.1217/2022(EDN-RES)
        WRIT PETITION NO.1595/2022(EDN-RES)
        WRIT PETITION NO.1602/2022(EDN-RES)
        WRIT PETITION NO.1674/2022(EDN-RES)


IN W.P.NO. 1385/2022
BETWEEN:

ANUSHA PRAKASH C S
D/O B L RADHA
AGED ABOUT 21 YEARS
NO 49/4, LAKSHMI BUILDING
SAJJAN RAO ROAD
V V PURAM
BENGALURU 560004

STUDENT OF V S DENTAL COLLEGE AND HOSPITAL
K R ROAD, V V PURAM
BENGALURU 560004
UNIVERSITY REGISTRATION NUMBER 18D0757

                                          ... PETITIONER
(BY SRI. GANGADHARAIAH A N., ADVOCATE)


AND:

1.     THE REGISTRAR (EVALUATION)
       RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
                           2




     HAVING ITS OFFICE AT
     4TH T BLOCK, JAYANAGAR
     BENGALURU 560041

2.   RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
     REP BY ITS VICE CHANCELLOR
     HAVING ITS OFFICE AT
     4TH T BLOCK, JAYANAGAR
     BENGALURU 560041

3.   THE DENTAL COUNCIL OF INDIA
     REP BY ITS SECRETARY
     AIWAN-E-GALIB MARG
     KOTLA ROAD, TEMPLE LANE
     OPP MATA SUNDARI COLLEGE FOR WOMEN
     NEW DELHI 110002
                                    ... RESPONDENTS

(BY SRI. HARISH GANAPATHY., ADV R1 & R2;

SRI. G.S. BHAT, ADV. FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDINANCE DTD 29.03.2019 NOTIFICATION VIDE ANNX-D. AND DIRECT THE R-2 TO SET UP AND EXPERT COMMITTEE TO FORMULATE A PROPER EVALUATION METHOD/MECHANISM FOR THE UNDERGRADUATE COURSE/S IN THE R-2 UNIVERSITY.AND ETC.

IN W.P.NO. 553/2022 BETWEEN:

1. SHASHANK Y B S/O BASAVARAJU Y M, AGED ABOUT 20 YEARS, STUDENT OF SJM DENTAL COLLEGE AND HOSPITAL R/AT B D ROAD, CHITRADURGA-577501 UNIVERSITY REGISTRATION NUMBER 19D1431

2. AFINA KAUSER D/O MOHAMMED NAZIM AHMED, AGED ABOUT 19 YEARS, STUDENT OF KVG DENTAL COLLEGE, KURUNJIBAD, SULLIA, DAKSHINA KANNADA-574327 UNIVERSITY REGISTRATION NUMBER 20D1525

3. MEHNAZ HUSSAIN D/O MD ARIF HUSSAIN, AGED ABOUT 21 YEARS, STUDENT OF NSVK SRI VENKATESHWARA DENTAL COLLEGE AND HOSPITAL, R/AT ANEKAL ROAD, BANGALORE-560083 UNIVERSITY REGISTRATION NUMBER 18D0361

4. SHASHANK P S/O PRADEEP, AGED ABOUT 19 YEARS, STUDENT OF RAJARAJESHWARI DENTAL COLLEGE, R/AT KANNAKAPURA-562117 UNIVERSITY REGISTRATION NUMBER 20D2225

5. MUSAB FAHEEL S/O FAZAL K M AGED ABOUT 21 YEARS, STUDENT OF GOVERNMENT DENTAL COLLEGE, R/AT VICTORIA HOSPITAL, KALASIPALYAM, BANGALORE-560002 UNIVERSITY REGISTRATION NUMBER 19D0033

6. P CHANDRA SEKHAR S/O P RAMAMOHAN, AGED ABOUT 26 YEARS, STUDENT OF A E C S MARUTHI DENTAL COLLEGE (D007) R/AT BANNERGHATTA, BANGALORE-560076 UNIVERSITY REGISTRATION NUMBER 16D6864

7. SHANYA V D/O VINOD C, AGED ABOUT 24 YEARS, STUDENT OF SJM DENTAL COLLEGE AND HOSPITAL, R/AT CHITRADURGA-577501 UNIVERSITY REGISTRATION NUMBER 17D2154

8. SARUN SAJU S/O SAJU JOHN, AGED ABOUT 19 YEARS, STUDENT OF SJM DENTAL COLLEGE AND HOSPITAL, R/AT P B ROAD, CHITRADURGA-577501 UNIVERSITY REGISTRATION NUMBER 20D2537

9. M NAVEEN REDDY S/O M SUBBA REDDY, AGED ABOUT 22 YEARS, STUDENT OF SJM DENTAL COLLEGE AND HOSPITAL, R/AT B.D. ROAD, CHITRADURGA-577501 UNIVERSITY REGISTRATION NUMBER 17D2116

10 . POOJA L P D/O PARAMESHA L, AGED ABOUT 23 YEARS, STUDENT OF BAPUJI DENTAL COLLEGE AND HOSPITAL, R/AT DAVANAGERE-577004 UNIVERSITY REGISTRATION NUMBER 19D1804

11 . SANIYA NIMRA SHARIFF S/O ARIFULLA S, AGED ABOUT 20 YEARS, STUDENT OF SRI RAJIV GANDHI DENTAL COLLEGE, R/AT HEBBAL-560024 UNIVERSITY REGISTRATION NUMBER 20D2617

12 . SHARANENDRA SWAMY J S/O JAGADEESH G S , AGED ABOUT 23 YEARS, STUDENT OF GOVERNMENT DENTAL COLLEGE AND RESEARCH INSTITUTE, R/AT FORT, BANGALORE-560002 UNIVERSITY REGISTRATION NUMBER 16D4632

13 . SAJIL K T S/O HASSAN KUTTY K T, AGED ABOUT 26 YEARS, STUDENT OF SJM DENTAL COLLEGE AND HOSPITAL, R/AT CHITRADURGA-577501 UNIVERSITY REGISTRATION NUMBER 14D2153

14 . DIYA J RAJ D/O JEEVAN LAL SINGH B R, AGED ABOUT 20 YEARS, STUDENT OF K V G DENTAL COLLEGE AND HOSPITAL, R/AT KURUNJIBHAG, SULLIA D K-574327 UNIVERSITY REGISTRATION NUMBER 20D1622

15 . SHASHANK M M S/O DR MURALI M J, AGED ABOUT 19 YEARS, STUDENT OF D -015, V S DENTAL COLLEGE AND HOSPITAL -560004 R/AT INDIRANAGAR, BANGALORE URBAN-560038 UNIVERSITY REGISTRATION NUMBER 20D3061

16 . YASEEN M S/O A MOHAMAD HANEEF, AGED ABOUT 23 YEARS, STUDENT OF D 676 FAROOQUIA DENTAL COLLEGE AND HOSPITAL MYSORE, R/AT UMAR KHAYAM ROAD, EIDGAH, TILAK NAGAR, MYSURU-570021 UNIVERSITY REGISTRATION NUMBER 17D1929

17 . KARTHIK NAYAK S/O H RAMANANDA NAYAK, AGED ABOUT 23 YEARS, STUDENT OF BAPUJI DENTAL COLLEGE AND HOSPIRAL DAVANAGERE, R/AT ROOM NO.418, DENTAL COLLEGE BOYS HOSTEL, DAVANAGERE-577004

UNIVERSITY REGISTRATION NUMBER 17D0920

18 . KAVYA SOUDRI D/O MAHESH SOUDRI, AGED ABOUT 22 YEARS, STUDENT OF COLLEGE OF DENTAL SCIENCES, R/AT PAVILLION ROAD, DAVANAGERE-577004 UNIVERSITY REGISTRATION NUMBER 17D1113

19 . S L STHAVAN S/O DR S M LAXMIKANTH, AGED ABOUT 20 YEARS, STUDENT OF D 015, V S DENTAL COLLEGE AND HOSPITAL, R/AT J P NAGAR, BANGALORE-560077 UNIVERSITY REGISTRATION NUMBER 20D3073

20 . PALAK SHARMA D/O ANIL KUMAR SHARMA, AGED ABOUT 23 YEARS, STUDENT OF GOVERNMENT DENTAL COLLEGE, R/AT VICTORIA HOSPITAL, KALASIPALYAM, NEAR CITY MARKET, BENGALURU-560002 UNIVERSITY REGISTRATION NUMBER 19D003

21 . SUSHMARANI D/O A RAJANNA, AGED 23 YEARS, STUDENT OF BAPUJI DENTAL COLLEGE AND HOSPITAL, DAVANAGERE, R/AT DCM, DAVANAGERE-577004 UNIVERSITY REGISTRATION NUMBER 17D0950

22 . SHEFALI VITTAL RAI D/O KUNDADKA VITTAL RAI, AGED ABOUT 23 YEARS, STUDENT OF A J INSTITUTE OF DENTAL SCIENCES, R/AT KUNTIKANA,

MANGALORE-575004 UNIVERSITY REGISTRATION NUMBER 17D7878

23 . SANAL SUDHAKARAN S/O SUDHAKARAN T V, AGED ABOUT 24 YEARS, STUDENT OF AJ INSTITUTE OF DENTAL SCIENCE MANGALORE, R/AT ROOM NO.436, A J BOYS HOSTEL, KUNTIKANA, MANGALORE-575001 UNIVERSITY REGISTRATION NUMBER 15D7852

24 . GANESH P S S/O H B PARAMESHWARA, AGED ABOUT 25 YEARS, STUDENT OF GOVERNMENT DENTAL COLLEGE AND RESEARCH INSITUTE, R/AT FORT, BANGALORE, UNIVERSITY REGISTRATION NUMBER 14D4611

25 . CHETHAN RAM S/O VENKATESH N A, AGED ABOUT 21 YEARS, STUDENT OF SJM DENTAL COLLEGE AND HOSPITAL, R/AT B D ROAD, CHITRADURGA-577501 UNIVERSITY REGISTRATION NUMBER 19D1397

... PETITIONERS (BY SRI. TRIVIKRAM S., ADVOCATE)

AND:

1. THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HAVING ITS OFFICE AT 4TH T BLOCK, JAYANAGAR BENGALURU 560041

2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

REP BY ITS VICE CHANCELLOR HAVING ITS OFFICE AT 4TH T BLOCK, JAYANAGAR BENGALURU 560041

3. THE DENTAL COUNCIL OF INDIA REP BY ITS SECRETARY AIWAN-E- GALIB MARG KOTLA ROAD TEMPLE LANE OPP MATA SUNDARI COLLEGE FOR WOMEN NW DELHI 110002 ... RESPONDENTS

(BY SRI. HARISH GANAPATHY., ADV R1 & R2;

SRI. G.S. BHAT, ADV. FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:

A. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AND QUASH THE ORDINANCE DATED 29.03.2019 BEARING NOTIFICATION NO. RGU / AUTH /140-SYN /117-7 (EXAM) / 2018-19 FOUND AT ANNEXURE - AC AS IT IS ULTRA VIRES THE CONSTITUTION OF INDIA AS WELL AS THE RGUHS ACT AND IS CONTRARY TO LAW.

B. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE RESPONDENT NO. 2 TO SET UP AN EXPERT COMMITTEE TO FORMULATE A PROPER EVALUATION METHOD / METHOD / MECHANISM FOR THE UNDERGRADUATE COURSE/S IN THE RESPONDENT NO. 2 UNIVERSITY.

C. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE RESPONDENT NO. 1 AND 2 TO REFER THE PETITIONERS PAPERS FOR THIRD OR FOURTH EVALUATION AS THE CASE MAY BE.

D. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTING THE RESPONDENT NO. 1 AND 2 T AWARD THE BEST OF THE TWO MARKS (

AVERAGE) AMONG THE TOTAL THREE OR FOUR VALUATIONS AND TO DECLARE THE RESULTS AFRESH IN THE ENDS OF JUSTICE AND EQUITY AND ETC.

IN W.P.NO. 630/2022 BETWEEN:

ROSHINI GANGADHARA D/O GANGADARA AGED ABOUT 20 YEARS R/AT 17, GANGOTHRI, SRR LAYOUT NEAR PRAGATHI SCHOOL MAHADEVAPURA BENGALURU-50016.

... PETITIONER

(BY SRI. HARISH H V., ADVOCATE)

AND:

1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR BENGALURU-560041 REP BY ITS VICE-CHANCELLOR

2. THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR BENGALURU-560041

3. DENTAL COUNCIL OF INDIA AIWAN-E-GALIB MARG, KOTLA ROAD, TEMPLE LANE NEW DELHI-110002

4. VYDEHI DENTAL COLLEGE NO.82 NALLURAHALLI MAIN ROAD NEAR BMTC 18TH DEPOT VIJAYANAGAR, NALLURHALLI WHITEFIELD, BENGALURU-560066 REP BY ITS PRINCIPAL ...RESPONDENTS

(BY SMT. FARAH FATHIMA, ADV.FOR R1 & R2;

R3 & R4 ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION/4TH EVALUATION OF THE SUBJECT GENERAL PATHOLOGY AND MICROBIOLOGY (BDS 2ND YEAR) (PAPER CODE B01) OF THE FAILED SUBJECT OF THE PHASE II BDS EXAMINATIONS OF NOVEMBER 2021 UNDERTAKEN BY THE PETITIONER IN TERMS OF THE REGULATIONS NOTIFIED BY THE RESPONDENT UNIVERSITY AND DENTAL COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS AFRESH AND ISSUE APPROPRIATE WRIT TO R-1 AND 2 REEVALUATE, RE- TOTAL THE GENERAL PATHOLOGY AND MICROBIOLOGY (BDS 2ND YEAR) (PAPER CODE B01) PAPER OF PETITIONER OR ALTERNATIVELY RE-EXAMINE THE ABOVE PAPERS.AND ETC.

IN W.P.NO. 1050/2022 BETWEEN:

1. SHREYAS ABHAY PATIL S/O ABHAY BABASAHEB PATIL AGED ABOUT 23 YEARS STUDENT OF GOVERNMENT DENTAL COLLEGE AND RESEARCH INSTITUTE R/AT THARAGUPET, BANGALORE-560 002 REGISTRATION NUMBER -17D4645

2. SHIVAPRIYA K V D/O RADHAKRISHNAN M V AGED ABOUT 20 YEARS STUDENT OF AJ INSTITUTE OF DENTAL SCIENCES MANGALORE R/AT KUNTIKANA, MANGALORE-575 004 REGISTRATION NO.19D1623

3. DANISH SHAKEEL S/O SHAKEEL ANWAR AGED ABOUT 20 YEARS STUDENT OF A.J.INSTITUTE OF DENTAL SCIENCES

R/@ KUNTIKANA, MANGALORE-575 004 REGISTRATION NO.19D1571

4. SHARON ELIM SHAJI D/O SHAJI IDICULLA AGED ABOUT 23 YEARS STUDENT OF VYDEHI INSTITUTE OF DENTAL SCIENCES AND RESEARCH CENTRE RESIDING AT NALLURAHALLI, WHITEFIELD, BANGALORE-560 066 REGISTRATION NO.17D7636

5. NEHA ELIZABETH JOSE D/O JOSE JACOB AGED 22 YEARS STUDENT OF VYDEHI INSTITUTE OF DENTAL SCIENCES AND RESEARCH CENTRE RESIDING AT NALLURAHALLI, WHITEFIELD, BANGALORE-560 066 REGISTRATION NO.17D7628

6. GEORGE V MATHEW S/O MATHEW V VARGHESE AGED ABOUT 21 YEARS STUDENT OF K.V. G DENTAL COLLEGE AND HOSPITAL, R/AT KURUNJIBHAG, SULLIA D.K-574 327 REGISTRATION NO.20D1556

7. P.POOJITHA D/O P.RAMANAIAH AGED ABOUT 21 YEARS STUDENT OF A E C S MAARUTI DENTAL COLLEGE (D007) R/AT BANNERGHATTA, BANGALORE-560 076 REGISTRATION NO.18D0279

8. JEENA THOMAS D/O JOHN CHAMPANNUR THOMAS AGED ABOUT 23 YEARS STUDENT OF VYDEHI INSTITUTE OF DENTAL SCIENCES AND RESEARCH CENTRE

RESIDING AT NALLURAHALLI, WHITEFIELD, BANGALORE-560 066 REGISTRATION NO.17D7615

9. VARUN KUMAR C M S/O MANJUNATHA. S AGED ABOUT 24 YEARS STUDENT OF A E C S MAARUTI DENTAL COLLEGE R/AT BANNERGHATTA, BANGALORE-560 076 REGISTRATION NO.15D6869

10 . A.BHOOMIKA D/O ANNA NAGARAJ AGED ABOUT 20 YEARS STUDENT OF COLLEGE OF DENTAL SCIENCES R/AT DAVANAGERE -577 004 REGISTRATION NO.19D1856

11 . PRAGATI D/O R.P.THAKUR AGED ABOUT 21 YEARS STUDENT OF RAJARAJESWARI DENTAL COLLEGE AND HOSPITAL R/AT NO.14, RAMOHALLI CROSS, KUMBALGODU, MYSORE ROAD, BANGALORE-560 074 REGISTRATION NO.18D0604

12 . DINESH NAIDU RAMESH S/O RAMESH AGED ABOUT 25 YEARS STUDENT OF BAPUJI DENTAL COLLEGE AND HOSPITAL, R/AT DENTAL COLLEGE ROAD, M.C.C. B' BLOCK, DAVANAGERE -577 004 REGISTRATION NO.15D0988

13 . VARSHA D/O LAXMINIVAS KHEVJI AGED ABOUT 21 STUDENT OF KARNATAKA LINGAYAT EDUCATION, TUMKUR ROAD, OPPOSITE TO CMT BANGALORE-560 022 REG. NO.19D0170

14 . NAMRATHA G D/O GAJENDRA.N AGED ABOUT 25 YEARS STUDENT OF DR.SHYAMALA REDDY DENTAL COLLEGE, R/AT 111/1, SGR COLLEGE ROAD, MUNEKOLLALA, BANGALORE-560 037 REG. NO.13D1240

15 . N PRITHVI S/O K NARENDRA BABU AGED ABOUT 20 YEARS STUDENT OF D-015-VS DENTAL COLLEGE AND HOSPITAL-560 004 R/AT ANJANAPURA BANGALORE-560 062 REG. NO.20D3037

16 . SHRAVANI A D/O ANAND M AGED ABOUT 22 YEARS STUDENT OF KLE SOCIETY'S INSTITUTE OF DENTAL SCIENCES R/AT YASHWANTHAPURA SUBURB, 2ND STAGE, TUMKUR ROAD, BANGALORE-22 REG. NO.17D0229 ... PETITIONERS

(BY SRI. TRIVIKRAM S., ADVOCATE)

AND:

1. THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HAVING ITS OFFICE AT 4TH T BLOCK JAYANAGAR BENGALURU 560041

2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES REP BY ITS VICE CHANCELLOR HAVING ITS OFFICE AT

4TH T BLOCK JAYANAGAR BENGALURU 560041

3. THE DENTAL COUNCIL OF INDIA REP BY ITS SECRETARY AIWAN E GALIB MARG KOTLA ROAD TEMPLE LANE OPP MATA SUNDARI COLLEGE FOR WOMEN NW DELHI 110002 ... RESPONDENTS

(BY SRI.HARISH GANAPATHY, ADV FOR R1 AND R2;

SRI. G.S. BHAT, ADV. FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

1. QUASH THE ORDINANCE DATED 29.03.2019 BEARING NOTIFICATION No.RGU/AUTH/140-SYN/117-7(EXAM)/2018- 19 FOUND AT ANNEXURE-T

2. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE RESPONDENT No-2 TO SET UP AN EXPERT COMMITTEE TO FORMULATE A PROPER EVALUATION METHOD/MECHANISM FOR THE UNDERGRADUATE COURSE/S IN THE RESPONDENT No-2 UNIVERSITY

3. DIRECTING TO THE RESPONDENT No-1 AND 2 TO REFER THE PETITIONERS PAPERS FOR THIRD OR FOURTH EVALUATION AS THE CASE MAY BE DIRECTING THE RESPONDENT No-1 AND 2 TO AWARD THE BEST OF THE TWO MARKS (AVERAGE) AMONG THE TOTAL THREE OR FOUR VALUATIONS AND TO DECLARE THE RESULTS AFRESH IN THE ENDS OF JUSTICE AND EQUITY .AND ETC.

IN W.P.NO. 1217/2022 BETWEEN:

1. SHASHANK M M

S/O M J MURALI AGED ABOUT 19 YEARS R/AT 3341, 4TH CROSS, 10TH MAIN, INDIRANAGAR 2ND STAGE BENGALURU - 560 038 STUDENT OF V S DENTAL COLLEGE AND HOSPITAL, BENGALURU

2. SHAMITHA L D/O LAKSHMINARAYAN SINGH S AGED ABOUT 24 YEARS R/A 33, RADHAKRISHNA LAYOUT BANASHANKARI 2ND STAGE PADNABHANAGAR BANGALORE - 560 070 STUDENT OF K L E SOCIETYS INSTITUTION OF DENTAL SCIENCES ... PETITIONERS (BY SRI. PRADEEP PATIL., ADVOCATE)

AND:

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR BENGALURU - 560 041 (REP. BY ITS REGISTRAR EVALUATION) ... RESPONDENT

(BY SRI. HARISH GANAPATHY, ADV.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT IN THE NATURE OF MANDAMUS TO THE RESPONDENT TO SEND THE ANSWER SCRIPTS TO THE THIRD VALUATOR FOR REVALUATION AND ANNOUNCE THE RESULTS BY CONSIDERING THE AVERAGE OF BEST OF TWO MARKS AS AWARDED BY THE THREE EXAMINERS IN VIEW OF THE JUDGMENTS OF THIS HONBLE COURT IN WP NO.31335/2019 VIDE ANNX-E, IN W.NO.231/2021C VIDE ANNX-F, AND AFFIRMED IN WP NO.231/2021, CONFIRMED IN WA NO.771/2021 VIDE ANNX-H AND CONFIRMED IN WP NO.13626/2021 VIDE ANNX-J AND ETC.

IN W.P.NO. 1595/2022 BETWEEN:

ADARSH E PAUL S/O THANKACHAN E J AGED 23 YEARS STUDENT OF SRINIVAS INSTITUTUE OF DENTAL SCIENCE R/AT EZHUTHANIKUNNEL HOUSE THIRUVAMBADY POST, CALICUT KERALA 673603 REGISTRATON NO. 17D8103 ... PETITIONER

(BY SRI. TRIVIKRAM S., ADVOCATE)

AND:

1. THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HAVING ITS OFFICE AT 4TH T BLOCK, JAYANAGAR BENGALURU 560041

2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES REP BY ITS VICE CHANCELLOR HAVING ITS OFFICE AT 4TH T BLOCK, JAYANAGAR BENGALURU 560041 ... RESPONDENTS

(BY SRI. HARISH GANAPATHY, ADV)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDINANCE DTD.29.3.2019 FOUND AT ANNEXURE-B, DIRECT THE R-2 TO SET UP AN EXPERT COMMITTEE TO FORMULATE A PROPER EVALUATION METHOD/MECHANISM FOR THE UNDERGRADUATE COURSE/S IN THE R-2 UNIVERSITY AND DIRECT THE R-1 AND 2 TO REFER THE PETITIONERS FAILED PAPERS FOR THIRD EVALUATION AND ETC.

IN W.P.NO. 1602/2022 BETWEEN:

1. ABHAY BHANDARY S/O VINETH BHANDARY AGED ABOUT 22 YEARS, STUDENT OF SRI RAJIV GANDHI COLLEGE OF DENTAL SCIENCES BANGALORE R/AT NO.67 3RD CROSS 2ND BLOCK R T NAGAR P AND T COLONY BANGALORE-560032 REG NO.18D0652

2. ANUDEEP DESAI S/O AMARESHWAR DESAI AGED ABOUT 24 YEARS, STUDENT OF SRINIVAS INSTITUTE OF DENTAL SCIENCES R/AT SRINIVAS INTEGRATED CAMPUS SRINIVAS NAGAR MUKKA SURATHKAL MANGALURU KARNATAKA -574 146 REG NO.16D8107

3. SHARON ANIL S/O ANIL KURUVILLA AGED ABOUT 25 YEARS, STUDENT OF AJ INSTITUTE OF MEDICAL AND DENTAL SCIENCE MANGALORE R/AT ROOM NO.439 AJ BOYS HOSTEL KUNTIKANA JUNCTION MANGALORE-575004 REG NO.15D7887

4. SANHAN SHAMS S/O SHAMSUDHEEN T AGED ABOUT 28 YEARS, STUDENT OF M R AMBEDKAR DENTAL COLLEGE AND HOSPITAL R/AT 105 ITC COLONY 5TH CROSS COX TOWN JEEVANHALLI

BENGALURU KARNATAKA -560005 REG NO.11D3485

5. IRFAN ALI B S/O SHASHA B AGED ABOUT 22 YEARS OLD STUDENT OF GDCRI BELLARY R/AT MEHABOOB NAGAR 4TH WARD TEKKALAKOTA SIRIGUPPA BELLARY-583122 REG NO.18D1239

6. MOHAMMED ZAIN SHARIFF S/O AKABAR SHARIFF AGED ABOUT 21 YEARS, STUDENT OF VOKKALIGARE SANGHA DENTAL COLLEGE AND HOSPITAL BANGALORE R/AT NO.209/258, 9TH MAIN 15TH CROSS WILSON GARDEN LAKKSANDRA EXTENSION BANGALORE URBAN -560030 REG NO.20D3035

7. ANUSHRI JAISWAL S/O VIJAY KUMAR JAISWAL AGED ABOUT 23 YEARS, STUDENT OF MATHUSHRI RAMABAI AMBEDKAR DENTAL COLLEGE AND HOSPITAL R/AT C7/165 SENPURA CHETAGNAJ VARANSI-221001, REG NO.17D3488

8. GAYATRI MAHESH D/O MAHESH HARIHARAN AGED ABOUT 22 YEARS, STUDENT OF PMNM DENTAL COLLEGE AND HOSPITAL, BAGALKOT R/AT SHANTALA HOSTEL MEDICAL CAMPUS BAGALKOTE -587 101 REG NO.16D4445

9. DEEXIT H P S/O PRAKASH M H AGED ABOUT 22 YEARS, STUDENT OF M R AMBEDKAR DENTAL COLLEGE AND HOSPITAL BENGALURU -560005 R/AT NO.532/54, 2ND FLOOR, 3RD CROSS 5TH MAIN BANASHANKARI 1ST STAGE BENGALURU-560050 REG NO.18D0934

10 . ABHIN GRACE THOMAS S/O RAJI JOHN THOMAS AGED ABOUT 27 YEARS, STUDENT OF M R AMBEDKAR DENTAL COLLEGE BANGALORE R/AT NO.45 SHREYAS 2ND CROSS VIVEKANANDA NAGAR BANGALORE-560033 REG NO.12 D3401

11. VAISHNAVI SUNIL RAUT D/O SUNIL MAHADEV RAUT AGED ABOUT 22 YEARS, STUDENT OF PMNM DENTAL COLLEGE AND HOSPITAL NAVNAGAR, BAGALKOTE R/AT PMNM DENTAL HOSTEL BAGALKOTE-587101 REG NO.17D4499

12 . RIMJIM BORBORUAH D/O DULAL BORBORUAH AGED ABOUT 23 YEARS STUDENT OF VYDEHI INSTITUTE OF DENTAL SCIENCE AND RESEARCH CENTRE R/AT KUNDANAHALLI GATE, BENGALURU-560037 REG NO.17D7632

13 . SHALVI VENEGURKAR D/O SANJAY VASANT VENEGURKAR AGED ABOUT 22 YEARS STUDENT OF P M N M DENTAL COLLEGE AND HOSPITAL BAGALKOT -587 101

R/AT P M N M DENTAL HOSTEL BAGALKOTE-587 101, REG NO.17D4452

14 . MIDHUN B S/O BABY E K AGED ABOUT 28 YEARS, STUDENT OF M R AMBEDKAR DENTAL COLLEGE AND HOSPITAL R/AT NO.46 SHREYAS, 2ND CROSS, VIVEKANADA NAGAR, JAYABHARATH NAGAR BANGALORE-560033 REG NO.12D3480

15 . MOHAMMED JASHEER K V S/O CHEKKUTTI K V AGED ABOUT 28 YEARS, STUDENT OF M R AMBEDKAR DENTAL COLLEGE AND HOSPITAL, BANGALORE- R/AT NO.46 SHREYAS 2ND CROSS VIKVEKANANDA NAGAR BENGALURU-560033 REG NO.12D3481

16 . AKSHAY P S S/O SHAJI P M AGED ABOUT 20 YEARS STUDENT OF BAPUJI DENTAL COLLEGE AND HOSPITAL, DAVANAGERE R/AT PULICKAL HOUSE, KENICHIRA POST SULTAN BATHERY, WAYANAD, KERELA -673596, REG NO.19D1762

17 . GOVIND P R S/O RADHAKRISHNA NAIR S AGED ABOUT 24 YEARS, STUDENT OF SUBBAIAH INSTITUTE OF MEDICAL SCIENCE SHIMOGA R/AT ROOM NO.T-11 SUBBAIAH BOYS HOSTEL, SHIMOGGA NH13 PURLE ROAD SHIMOGGA-577222 REG NO.17D8245

18 . ANUSH KUMAR S/O CHANDRASHEKAR K

AGED ABOUT 23 YEARS STUDENT OF SUBBAIAH INSTITUTE OF DENTAL SCIENCES SHIMOGA R/AT ROOM NEAR YOGISHA SHOP PURLE ATM NH-13 SHIMOGGA -577222 REG NO.17D8206

19 . RAFNA K H D/O HAMSA K P AGED ABOUT 23 YEARS STUDENT OF SUBBAIAH INSTITUTE OF DENTAL SCIENCES SHIMOGA R/AT PULLUT NORTH, NARAYANAMANGALAM (PO) KODUNGALLUR, THRISSUR-680664 REG NO.17D 8261

20 . NIHAL ALI M S/O NASEER ALI AGED ABOUT 20 YEARS, STUDENT OF VYDEHI INSTITUTE OF DENTAL SCIENCES R/AT NO.37 7TH CROSS, LAKSHMI LAYOUT MUNNEKOLALA, MARATHAHALLI, BANGALORE-560037 REG NO.19D1037 ... PETITIONERS (BY SRI. TRIVIKRAM S., ADVOCATE)

AND:

1. THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HAVING ITS OFFICE AT 4TH T BLOCK, JAYANAGAR BENGALURU 560041

2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES REP BY ITS VICE CHANCELLOR HAVING ITS OFFICE AT 4TH T BLOCK, JAYANAGAR BENGALURU 560041

3. THE DENTAL COUNCIL OF INDIA REP BY ITS SECRETARY AIWAN E GALIB MARG KOTLA ROAD, TEMPLE LANE OPP MATA SUNDARI COLLEGE FOR WOMEN NW DELHI-110002 ... RESPONDENTS

(BY SRI. HARISH GANAPATHY, ADV. FOR R1 AND R2;

SRI. G.S. BHAT, ADV. FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDINANCE DTD. 29.03.2019 FOUND AT ANNX- W., DIRECT THE R-2 TO SET UP AN EXPERT COMMITTEE TO FORMULATE A PROPER EVALUATION METHOD / MECHANISM FOR THE UNDERGRADUATE COURSE/S IN THE R-2 UNIVERSITY., DIRECT THE R-1 AND 2 TO REFER THE PETITIONERS FAILED PAPERS FOR THIRD OR FOURTH EVALUATION AS THE CASE MAY BE. , DIRECT THE R-1 AND 2 TO AWARD THE BEST OF THE TWO MARKS (AVERAGE) AMONG THE TOTAL THREE OR FOUR VALUATIONS AND TO DECLARE THE RESULTS AFRESH IN THE ENDS OF JUSTICE AND EQUITY.AND ETC.

IN W.P.NO. 1674/2022 BETWEEN:

1. MRIDUL M V S/O VIJAYAN M V AGED ABOUT 20 YEARS, STUDENT OF A J INSTITUTE OF DENTAL SCIENCE R/AT MEGHAMRITHAM, ERAMAM P O PAYYANUR VIA KANNUR, KERALA -670307 UNIVERSITY REGISTRATION NUMBER-20D0189

2. V RANJITH KUMAR S/O V CHINNAPPAIAH AGED ABOUT 23 YEARS, STUDENT OF SUBBAIAH INSTITUTE OF DENTAL SCIENCES R/AT NO.1/33-40-6 VANI STREET KADIRI 515591

UNIVERSITY REGISTRATION NO.15D8284

3. APARNA R RAJ D/O B R REJILAL SINGH AGED ABOUT 20 YEARS STUDENT OF SRINIVAS INSTITUTE OF DENTAL SCIENCES R/AT MUKKA, MANGALORE -574 146 UNIVERSITY REGISTRATION NO.20D2755

4. SIJO C KOVELIL S/O K C CHACKO AGED ABOUT 27 YEARS, STUDENT OF A E C S MARUTHI DENTAL COLLEGE R/AT KOVELIL HOUSE, OTHERA PO THIRUVALLA, PATHANAMTHITTA 689546 UNIVERSITY REGISTRATION NO.-12D6850

5. MADHU SHREE P A D/O ANJANEYAPPA R AGED ABOUT 23 YEARS, STUDENT OF SRI RAJIV GANDHI COLLEGE OF DENTAL SCIENCE R/AT 4TH MAIN MARUTHI NAGAR SRINIVASAPURA -560032 UNIVERSITY REGISTRATION NUMBER-17D2218

6. AYSHA HANEENA D/O MUSTHAFA THANNANI AGED ABOUT 23 YEARS STUDENT OF SRINIVAS INSTITUTE OF DENTAL SCIENCE R/AT THANNANI HOUSE, AMBILERY, KALPETTA WAYANAD 673579 UNIVERSITY REGISTRATION NO.17D8185

7. LIDHIN LALEY S/O P K LALEY AGED ABOUT 25 YEARS, STUDENT OF SRINIVAS INSTITUTE OF DENTAL SCIENCE

R/AT PULIYANMAKKAL (H) POOMALA (PO) THRISSUR 680001 UNIVERSITY REGISTRATION NO.14D8149

8. SWATHI KRISHNA D/O UDAYARAJ V M AGED ABOUT 25 YEARS STUDENT OF SRINIVAS INSTITUTE OF DENTAL SCIENCE R/AT THARAMMEL HOUSE ERANHIPALAM, CALICUT KERALA-673020 UNIVERSITY REG NO.15D8169

9. MIDHU ANTONY D/O ANTONY K I AGED ABOUT 26 YEARS, STUDENT OF SRINIVAS INSTITUTE OF DENTAL SCIENCE R/AT KURUTHUKULANAGARA HOUSE AYYANTHOLE P O THRISSUR, KERALA-680003 UVIVERSITY REG NO.15D8141

10. EVINITE THOMAS S/O THOMAS T O AGED ABOUT 26 YEARS, STUDENT OF SRINIVAS INSTITUTE OF DENTAL SCIENCE ADDRESS: THOTTUNGAL HOUSE KURUMASSERY PO ERNAKULAM-682001 UNIVERSITY REG NO.14D 8129

11. AJMAL MUHAMMED S/O MUHAMMED THAHA AGED ABOUT 24 YEARS, COLLEGE NAME-SRINIVAS INSTITUTE OF DENTAL SCIENCE ADDRESS-MULAMOOTTI BAITH EDAPALYKOTTA PO CHAVARA, KOLLAM-691001 UNIVERSITY REG NO.15D8179

12. SUPRIYA J D/O JOTHAIAH C AGED ABOUT 20 YEARS, STUDENT OF BANGALORE INSTITUTE OF DENTAL SCIENCES AND HOSPITAL R/O HOSAHALLI HENNAGARA (P) JIGANI ANEKAL (TQ) BANGALORE- 560105 UNIVERSITY REG NO.18D0906

13. ANNAMREDDY RAKSHITHA D/O ANNAMREDDY MADHUSUDHANA REDDY AGED ABOUT 21 YEARS, STUDENT OF M R AMBEDKAR DENTAL COLLEGE AND HOSPITAL COOKE TOWN BENGALURU R/AT FLAT NO.202, SILVERSPRINGS APARTMENT, ROAD NO.05 PJR LAYOUT MADHAVAPURI HILLS HYDERABAD, TELANGANA 500050 UNIVERSITY REGISTRATION NO.17D3487

14. ISHAL RASHEED S/O ABDUL RASHEED K K STUDENT OF A J INSTITUTE OF DENTAL SCIENCES R/AT THANSEES, HIDAYATH NAGAR PUSHPAGIRI TALIPARAMBA, KANNUR, KERALA-670141 UNIVERSITY REG NO.20D0173

15. SIMRAN T SURYAVANSHI D/O TANAJI A SURYAVANSHI AGED ABOUT 24 YEARS, STUDENT OF MARATHA MANDAL DENTAL COLLEGE R/AT OMKAR NILAY KHB COLONY MUDHOL-587313 UNIVERSITY REG NO.15D0339 ... PETITIONERS (BY SRI. TRIVIKRAM.S., ADVOCATE)

AND:

1. THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HAVING ITS OFFICE AT 4TH T BLOCK, JAYANAGAR BENGALURU 560041

2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES REP BY ITS VICE CHANCELLOR HAVING ITS OFFICE AT 4TH T BLOCK, JAYANAGAR BENGALURU 560041

3. THE DENTAL COUNCIL OF INDIA REP BY ITS SECRETARY AIWAN E GALIB MARG KOTLA ROAD TEMPLE LANE OPP MATA SUNDARI COLLEGE FOR WOMEN NW DELHI 110002 ... RESPONDENTS

(BY SRI. HARISHA GANAPATHY, ADV. FOR R1 AND R2;

SRI. G.S. BHAT, ADV. FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDINANCE DTD. 29.03.2019 FOUND AT ANNX- S., DIRECT THE R-2 TO SET UP AN EXPERT COMMITTEE TO FORMULATE A PROPER EVALUATION METHOD / MECHANISM FOR THE UNDERGRADUATE COURSE/S IN THE R-2 UNIVERSITY., DIRECT THE R-1 AND 2 TO REFER THE PETITIONERS FAILED PAPERS FOR THIRD OR FOURTH EVALUATION AS THE CASE MAY BE. AND ETC.

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B'GROUP THIS DAY, THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:

ORDER

In all these writ petitions, petitioners are students

pursuing BDS - RS (Revaluation Scheme)-3. They are

seeking more or less similar reliefs and relief sought in

W.P.No.1385/2022 is as follows:

1. Issue a writ in the nature of certiorari or any other appropriate writ and quash the ordinance dated 29.03.2019 bearing Notification No. RGH/AUTH/140-SYN/117-7 (Exam)/2018-19 found at Annexure-'D'.

2. Issue a writ in the nature of mandamus or any other appropriate writ directing the R-2 to set up and expert committee to formulate a proper evaluation method/mechanism for the undergraduate course/s in the R-2 university.

3. Issue a writ in the nature of mandamus or any other appropriate writ directing the R-1 and 2 to refer the petitioner's papers for third or fourth evaluation as the case may be.

4. Issue a writ in the nature of mandamus or any other appropriate writ, directing the R-1 and 2 to award the best of the two marks (average) among the total three or four valuations and to declare the results afresh in the ends of justice and equity."

2. I have heard the learned counsel for the

petitioners, learned counsel for the Rajiv Gandhi University of

Health Sciences (for short 'RGUHS') and learned counsel for

Dental Council of India.

3. After making submissions for sometime, learned

counsel for the petitioners submitted that the petitions may

be disposed of keeping open all the contentions and reserving

liberty to the petitioners to submit a representation to the

respondent-RGUHS along with all relevant documents and

further directing the said University to consider the same and

pass appropriate orders on the same within a stipulated time

frame.