Mr. Kunal Rai vs Rajiv Gandhi University Of Health ...
2022 Latest Caselaw 7214 Kant

                          1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 5TH DAY OF MAY, 2022

                       BEFORE

 THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

     WRIT PETITION NO.9253 OF 2022 (EDN-RES)


BETWEEN:

1.

MR KUNAL RAI S/O AVINASH RAI AGED 22 YEARS RESIDING AT HOSTEL SHRIDEVI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH HOSPITAL TUMKUR 572101

2. MS AGAJA RAMESH D/O RAMESHAN P V AGED 22 YEARS RESIDING AT OM NIVAS AMMANGOD P O MULIYAR KASARAGOD KERALA 671542

3. MR AMAN BORA S/O RUPAK BORA AGED 22 YEARS RESIDING AT HOSTEL SHRIDEVI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH HOSPITAL TUMKUR 572101

4. MS AKSHITHA KASA D/O SRINIVASA KASA AGED 22 YEARS RESIDING AT EWS 1-49 WEST PARISGUTTA MCH COLONY NEAR COMMUNITY HALL HYDERABAD 500020

5. MR KULAKARNI ADITIYA SUDAKAR S/O SUDHAKAR AGED 21 YEARS RESIDING AT NAGAR BEED ROAD KADA AASHTI TALUKA BEED MAHARASTRA 431122

6. MR GAGAN A S S/O A M SURESH AGED 21 YEARS HASYA NILAYA 3RD CROSS 3RD MAIN VIDHYANAGARA CHITRADURGA 577501

7. MS JAIPURKAR BHAKTI LAXMIKANT D/O LAXMIKANT AMBADASRAO JAIPURKAR AGED 20 YEARS RESIDING AT SHRIDEVI GIRLS HOSTEL SHARAVATHI BLOCK SHRIDEVI MEDICAL COLLEGE TUMKUR 572106

8. MS HITA B D/O NISHA B AGED 20 YEARS RESIDING AT NO.767 A L BLOCK REPUBLIC OF WHITEFIELD EPIP ZONE BROOKFIELD BANGALURU 560066

9. MR AKSHAY J S/O JAYANTH N AGED 22 YEARS RESIDING AT NO.1-372 AKSHAY FARM KEMMINJE VILLAGE DARBE POST PUTTUR TALUK DAKSHINA KANNADA 574202

10. MS ARSHYA JAIN S/O ARUN AGED 20 YEARS SRINIVAS INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTER MUKKA MANGALORE DAKSHINA KANNADA 574146

11. MR RAHUL ANAND S/O PRADEEP KUMAR JAISWAL AGED 23 YEARS RESIDING AT BELBANWA MOTIHARI DISTRICT BIHAR 845401

12. MS MOOKAMBIKA M ISLUR D/O MAHESH ISLUR AGED 22 YEARS RESIDING AT HOSTEL BASAVESHAWARA MEDICAL COLLEGE SJM CAMPUS CHITRADURGA 577501

13. VIKYATH M R S/O RAMADAS AGED 22 YEARS RESIDING AT TUNGA MEDICAL BOYS HOSTEL BASAVESHWARA MEDICAL COLLEGE CHITRADURGA 577501

14. MR SAYYAD RIYAZ HUSSAIN S/O HUSSAIN SAYYAD AGED 21 YEARS RESIDING AT HOSTEL BELGAUM INSTITUTE OF MEDICAL SCIENCES BELGAVI 590001

15. MR ANSELL K SUNNY S/O SUNNY VARGHESE AGED 20 YEARS RESIDING AT DHANVANTARI HOSTEL BIMS BELAGAVI 590001

16. MR KARAN TARANATH SHETTY S/O TARANATH G SHETTY AGED 20 YEARS RESIDING AT HOSTEL A J INSTITUTE OF MEDICAL SCIENCES DAKSHINA KANNADA 575006

17. MR SURAJ SUNIL S/O SUNIL VETTEKATT AGED 21 YEARS RESIDING AT HOSTEL B R AMBEDKAR COLLEGE KADUGONDANAHALLI BANGALORE 560045

18. MR GOPAL DUKIYA S/O BALDEV RAM AGED 22 YEARS RESIDING AT TUNGA MEDICAL BOYS HOSTEL BASAVESHWARA MEDICAL COLLEGE CHITRADURGA 577501

19. MR AKHILESHWAR DALGAR S/O DR ASHWANI KUMAR AGED 21 YEARS RESIDING AT HOSTEL AKASH INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE DEVANAHALLI BANGALORE RURAL 562110

20. MR RANJAN M B S/O BALARAJ AGED 20 YEARS RESIDING AT MHS ROAD KANAKAPURA TALUK RAMANAGAR 562117

21. MR AKSHATH KUMAR S/O SUNIL KUMAR AGED 21 YEARS RESIDING AT ROAD NO.2 GALLI NO.16 NEAR SHIVA MANDIR NEW COLONY DELHA GAYA BIHAR 823002

22. MS BANDI VISHANAVI D/O BANDI RAMESH AGED 21 YEARS RESIDING AT FLAT NO 605 BALAJI AAVAAS CHANNASANDRA POST BANGALORE 560066

23. MR KARUNAKARA N S/O NAGENDRA N S AGED 22 YEARS RESIDING AT NGO AND PWD QUARTERS KAVERI ROAD HASSAN 571187

24. MR SUDEEP GHOSH S/O DIPAK KUMAR GHOSH AGED 22 YEARS RESIDING AT NO.464 SECTOR 1/C RAM MANDIR BOKARO STEEL CITY JHARKHAND 827001

25. MR PRINCE SINGH S/O SATYENDRA SINGH AGED 23 YEARS RESIDING AT 20TH CROSS KANAKANAGAR R T NAGAR BANGALORE 560032

26. MR NAWAB KAKKAR S/O SURENDRA KAKKAR AGED 22 YEARS RESIDING AT BOYS HOSTEL JNANA PRABHA EAST POINT CAMPUS VIRGO NAGAR AVALAHALLI BANGALORE 560049

27. MR NITESH CHANNABASAPPA SAVAKAR S/O CHANNABASSAPA SAVAKAR AGED 22 YEARS RESIDING AT GOLGUMMAT ROAD VTC BIJAPUR 586104

28. MR P ALVIN HUBERT QUIENTON S/O PAUL RAJ AGED 21 YEARS RESIDING AT NO.28 1ST CROSS ROAD G K W LAYOUT VIJAYANAGAR BANGALORE 560040

29. MR D RAJ AHMED S/O D ABDUL TAVVAB AGED 21 YEARS RESIDING AT NO.687 13TH WARD AHMED NAGAR KUDLIGI BELLARY 583135

30. MR PAVAN S/O NAGAYYA SWAMY AGED 22 YEARS RESIDING AT TEJAS HOSTEL VIDYA NAGAR KIMS HUBLI 580022

31. MS GOWTHAMY LOKESH D/O LOKESH K B AGED 20 YEARS RESIDING AT NO.20 LAKSHMI VENKATESHWAR NILAYA HONGASANDRA BEGUR MAIN ROAD BOMMANAHALLI BANGALORE 560068.

32. MR RISHABH SINGH S/O DILEEP SINGH AGED 21 YEARS RESIDING AT SUSHRUTHA BOYS HOSTEL BELGAUM INSTITUTE OF MEDICAL SCIENCES BELGAVI 590001

33. MS APARNA N G D/O NARAYANA PILLAI S AGED 22 YEARS RESIDING AT HOSTEL KANACHUR INSTITUTE OF MEDICAL SCIENCES MANGALORE DAKSHINA KANNADA 575018

34. MR RANGAPPA SIDDAPPA KORTI S/O SIDDAPPA KORTI AGED 22 YEARS RESIDING AT HOSTEL BELGAUM INSTITUTE OF MEDICAL SCIENCES BELGAVI 590001

35. MR BASAVARAJ SATTIGERI S/O RAMALING SATTIGERI AGED 22 YEARS RESIDING AT HOSTEL BELGAUM INSTITUTE OF MEDICAL SCIENCES BELGAVI 590001

36. MS SMIJA SUNIL D/O SUNIL KUMAR M V AGED 21YEARS RESIDING AT HOSTEL KANACHUR INSTITUTE OF MEDICAL SCIENCES MANGALORE DAKSHINA KANNADA 575018

37. MR RISHIKESH R NAIR S/O RAJESH NAIR AGED 22 YEARS RESIDING AT HOSTEL BASAVESHAWARA MEDICAL COLLEGE, SJM CAMPUS CHITRADURGA 577501

38. MR VARUN BHARADWAJ S/O SANDEEP SINGH AGED 22 YEARS RESIDING AT BOYS HOSTEL JNANA PRABHA EAST POINT CAMPUS VIRGO NAGAR AVALAHALLI BANGALORE 560049

39. MR SHIVA CHANPURIYA S/O KRISHNA KUMAR CHANPURIYA AGED 22 YEARS RESIDING AT BOYS HOSTEL JNANA PRABHA EAST POINT CAMPUS VIRGO NAGAR, AVALAHALLI BANGALORE 560049

40. MR PRIYANSHU SHRIVASTAV S/O RAJENDRA PRASAD SHRIVASTAV AGED 22 YEARS RESIDING AT BOYS HOSTEL JNANA PRABHA EAST POINT CAMPUS VIRGO NAGAR AVALAHALLI BANGALORE 560049

41. MS RAVITHA D/O RAMESH AGED 22 YEARS RESIDING AT BOYS HOSTEL JNANA PRABHA EAST POINT CAMPUS VIRGO NAGAR AVALAHALLI BANGALORE 560049

42. MS NAMITHA SANTOSH D/O SANTOSH KUMAR K C AGED 22 YEARS RESIDING AT KARIYANICKAL THRIKARIYOOR P O KOTHAMANGALAM ERANAKULAM KERALA 686692

43. MS SHYAMA P D/O MURALEEDHARAN K AGED 22 YEARS RESIDING AT KAYA KANATHUR P O MULIYAR KASARGOD KERALA 671542

44. MR ASWIN A S/O ASHOK KUMAR P AGED 22 YEARS RESIDING AT HOSTEL SHRIDEVI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH HOSPITAL TUMKUR 572137

45. MS MUSKAAN D/O TANVEER HUSSIAN AGED 21 YEARS RESIDING AT HOSTEL KANACHUR INSTITUTE OF MEDICAL SCIENCES MANGALORE DAKSHINA KANNADA 575108

46. MR SRIRAM PRAKASH K S/O G A KANNAN AGED 22 YEARS RESIDING AT E 4 804 SNN RAJ SENERITY YELLANHALLI BEGUR BANGALORE 560068

47. MS RESHMA D D/O RANGA REDDY D AGED 22 YEARS RESIDING AT TALUR ROAD SAI NAGAR 2ND CROSS NEAR DOLLARS COLONY BALLARI 583101

48. MS NAZIHA NIZAR D/O NIZAR MADAMMILLATH AGED 21 YEARS RESIDING AT HOSTEL KANACHUR INSTITUTE OF MEDICAL SCIENCES MANGALORE DAKSHINA KANNADA 575108

49. MS SKASHI SUKANTH SHETTY D/O K P SUKANTH SHETTY AGED 21 YEARS RESIDING AT ADONIA NO.204 ALVAREES ROAD KADRI MANGALORE DAKSHINA KANNADA 575002

50. MR HARSHDEEP SINGH RAO S/O NARENDRA SINGH RAO AGED 22 YEARS RESIDING AT HOSTEL.BASAVESHAWARA MEDICAL COLLEGE SJM CAMPUS CHITRADURGA 577501

51. MS VISHRUTHI D/O MAHESH KUMAR AGED 22 YEARS RESIDING AT 9/14 6TH MAIN ROAD SRIKANTHESHWAR NAGAR BANGALORE 560096

52. MS SREELAKSHMI P D/O PANDURANGAPPA T AGED 22 YEARS RESIDING AT GIRLS HOSTEL SRI CHAMRAJANDRA HOSPITAL KRISHNARAJA PURA HASSAN 573201

53. MS VENKATA LAKSHMI D/O J N V BHUVANESWARA RAO AGED 20 YEARS RESIDING AT CHILUKU DURGAIAH STREET SURYARAOPET VIJAYAWADA ANDRA PRADESH 520002

54. CHIDANAND S SONONE S/O SHIVAMURTI V SONONE AGED 22 YEARS RESIDING AT APMC ROAD NEAR GOVT HOSPITAL. MAHALINGPUR BAGALKOT 587312

55. MS SHANKRAMMA H D/O SOMANAGOUDA HOSAGOUDAR AGED 21 YEARS RESIDING AT DUDDUPUDI WOWENS COLLEGE PRASHANT NAGAR SINDHANUR RAICHUR 584128

56. MR VISHWAS PATHAKOTI S/O CHANDRASHEKAR P AGED 22 YEARS RESIDING AT 03 A WHISPERING MEADOWS 27/2 HARALUR ROAD SARJAPUR ROAD BANGALORE 560102

57. MS PRIYA D/O VISHWANATH AGED 20 YEARS RESIDING AT HOSTEL BIDAR INSTITUTE OF MEDICAL SCIENCES BIDAR 585401

58. MS SAHANA GADAG D/O BASAVARAJ GADAG AGED 21 YEARS RESIDING AT 1ST MAIN ROAD 1ST CROSS SADASHIV NAGAR BELGAVI 590002

59. MR ARCHITKUMAR R YARAGAL S/O RAJKUMAR YARAGAL AGED 20 YEARS RESIDING AT NO.90 SECTOR NO.61 NAVANAGAR BAGALKOT 587103

60. MS SOUNDARYA B D/O NIRANJAN BALE AGED 21 YEARS RESIDING AT NO.62 68/5 AMARKER LAYOUT RAICHUR 584103

61. SYED SOHAN HASSAN S/O SYED ZAINULLA HASSAN AGED 20 YEARS RESIDING AT NO.17/4 LEONARD LANE RICHMOND TOWN BANGALORE 560025

... PETITIONERS

(BY SRI MONESH KUMAR K.B., ADV.)

AND:

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK JAYANAGAR BENGALURU 560041 REPRESENTED 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 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 HON'BLE COURT IN W.P.NO.31335 OF 2019 PRODUCED AS ANNXEXURE-A, IN W.P.NO.231 OF 2021 PRODUCED AS ANNEXURE-D AND AFFIRMED IN W.P.NO.231 OF 2021, CONFIRMED IN W.P.NO.13626 OF 2021 PRODUCED AS ANNEXURE-F.

THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This writ petition is filed seeking the following relief:

"Issue a writ order or direction 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 Hon'ble Court in W.P. No.31335/2019 produced as Annexure A in W.P. No.231/2021 produced as Annexure D, and affirmed in W.P. No.231/2021, confirmed in W.P.No.13626/2021 produced as Annexure F".

2. Learned counsel for the petitioners submits that

the issue involved in this petition is covered by the

decision of a Co-ordinate Bench of this Court in Writ

Petition 9004 of 2022 disposed of on 28-4-2022, wherein

it is held that wherever there is difference of 15% or more

between the marks awarded by the two evaluators, the

same shall be sent for third valuation. Hence, this

petition also requires to be disposed of in the light of the

order passed in Writ Petition No.9004 of 2022.

3. Accordingly, I pass the following

ORDER

i. Writ petition is allowed;

ii. Consequently, applying the provisions of the Ordinance of 2012, wherever there is difference of 15% or more between the marks awarded by the two evaluators, the same shall be sent for third valuation. In case, where third valuation was already done pursuant to the impugned

Ordinance, nevertheless, revaluation shall be conducted even in such cases, in terms of the Ordinance of 2012. This shall apply not only to the petitioners, but to all students, similarly situated;

iii. Such students who become eligible for the second year course shall be treated on par with the present second year students;

iv. The revaluation shall be conducted and results shall be announced as expeditiously as possible and at any rate within a period of two weeks' from the date of receipt of a certified copy of this order; and

v. In case of all other students who are not successful even after the revaluation, they shall be entitled for one more additional opportunity, beyond the four prescribed attempts.

Sd/-

JUDGE

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