Mr Varun P vs Rajiv Gandhi Institute Of Health ...
2022 Latest Caselaw 7259 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 17TH DAY OF MAY, 2022

                         BEFORE

            THE HON'BLE MR. JUSTICE R.NATARAJ


     WRIT PETITION NO.9501 OF 2022 (EDN -RES) C/w
       WRIT PETITION NO.9402 OF 2022 (EDN-RES)

In W.P.No.9501/2022

BETWEEN:

SAINATH G
S/O K.GOPINATH
AGED 23 YEARS,
R/O 108, SINGARA MUDALIYAR STREET,
HOSUR, HOSUR-KRISHNAGIRI
TAMIL NADU-635109
REG.NO.17 M 3540
                                           ... PETITIONER
(BY SRI SOMASHEKAR.T, ADVOCATE)

AND:

1.     RAJIV GANDHI UNIVERSITY
       OF HEALTH SCIENCES
       4TH T BLOCK, JAYANAGAR,
       BENGALURU-560041,
       REPRESENTED BY ITS REGISTRAR

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

(BY SRI N.K.RAMESH, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO SENT THE ANSWER SCRIPTS OF THE PETITIONER BEARING REG.NO.17 M 3540 IN THE SUBJECTS MEDICINE, SURGERY AND OBSTETRICS AND GYNECOLOGY OF PHASE III, PART II MBBS COURSE FOR TWO MORE EVALUATIONS IN TERMS OF REGULATIONS 13(2) OF THE MCI GRADUATE MEDICAL EDUCATION REGULATIONS 1997 AND CONSEQUENTLY ANNOUNCE FRESH RESULTS AND ETC.

In W.P.No.9402/2022

BETWEEN:

1. MR VARUN P S/O B PRAKASH AGED ABOUT 23 YEARS REG-18M1945 STUDENT AT EAST POINT COLLEGE OF MEDICAL SCIENCES BANGALORE

2. MR NIKHIL JAMBAGI S/O BASVARAJ JAMBAGI AGED ABOUT 24 YEARS REG-17M4998 R/STUDENT AT B V V SANGHAS NIJALINGAPPA MEDICAL COLLEGE BAGALKOT

3. MS NIVEDITHA SHIRASHYAD D/O VIJAYAKUMAR AGED ABOUT 23 YEARS REG-18M1251 R/STUDENT AT B V V SANGHAS NIJALINGAPPA MEDICAL COLLEGE BAGALKOT

4. MR H PRADEEP KUMAR S/O H V PRASAD RAO AGED ABOUT 23 YEARS

REG-18M3003 R/STUDENT AT AL-AMEEN MEDICAL COLLEGE VIJAYAPUR

5. MR SREEKAR SURAPANENI S/O S SUBHAKAR AGED ABOUT 23 YEARS REG-15M1779 R/STUDENT AT KEMPE INSTITUTE OF SCIENCES BANGALORE

6. MR HARISH DANDAPPANAVAR S/O SHANKAR S DANDAPPANAVAR AGED ABOUT 23 YEARS REG-18M1154 R/STUDENT AT B V V SANGHAS NIJALINGAPPA MEDICAL COLLEGE BAGALKOT

7. MS ASIYATH SAIFA MURSHIDA K S D/O N A ABDUL SAYED AGED ABOUT 26 YEARS REG-18M7543 R/STUDENT AT A J INSTITUTE OF MEDICAL SCIENCES MANGALORE

8. MR ABUL HASSAN FURKHAN S/O MOHAMMED RAFI AGED ABOUT 23 YEARS REG-18M2981 R/STUDENT AT AL-AMEEN MEDICAL COLLEGE VIJAYAPURA

9. MR SRINIDHI CHINNAM S/O SRINIVAS CHINNAM AGED ABOUT 24 YEARS REG-17M4344 R/STUDENT AT SUBBAIAH INSTITUTE OF MEDICAL SCIENCE SHIMOGA

10. MR V CHAITHANYA KUMAR S/O MOTI LAL AGED ABOUT 24 YEARS REG-12M8390 R/STUDENT AT SUBBAIAH INSTITUTE OF MEDICAL SCIENCE SHIMOGA

11. MR ROHIT MADHU S/O MADHU GOVINDAN AGED ABOUT 23 YEARS REG-18M2658 R/STUDENT AT ESI INSTITUTE OF MEDICAL SCIENCES BANGALORE

12. MR PRANAV PRAVEEN S/O PRAVEEN PADMANABAN AGED ABOUT 23 YEARS REG-18M2654 R/STUDENT AT ESI INSTITUTE OF MEDICAL SCIENCES BANGALORE

13. MR CHRYSLER TONY S/O TONY K F AGED ABOUT 23 YEARS REG-18M2609 R/STUDENT AT ESI INSTITUTE OF MEDICAL SECIENCES BANGALORE

14. MR SYED FASEEH UR REHAMAN S/O SYED ATHEEQ AGED ABOUT 23 YEARS REG-18M3067 R/STUDENT AT AL-AMEEN MEDICAL COLLEGE VIJAYAPUR

15. MS SRIDEVI KENGAR D/O CHANDRASHEKAR KENGAR AGED ABOUT 24 YEARS

REG 16M 5219 R/STUDENT AT B V V SANGHAS NIJALINGAPPA MEDICAL COLLEGE BAGALKOT

16. MR VIKAS PATIL S/O SIDDANAGOUDA A B AGED ABOUT 23 YEARS REG-18M1242 R/STUDENT AT B V V SANGHAS NIJALINGAPPA MEDICAL COLLEGE BAGALKOT

17. MR ANAND LAXMINARAYAN DOLA S/O LAXMINARAYAN AGED ABOUT 23 YEARS REG-18M1126 R/STUDENT AT B V V SANGHAS NIJALINGAPPA MEDICAL COLLEGE BAGALKOT

18. MR VIVEKANAND VISHWANATH BELLAD S/O VISHWANATH BELLAD AGED ABOUT 24 YEARS REG-18M3072 R/STUDENT AT AL-AMEEN MEDICAL COLLEGE VIJAYAPUR

19. MR SHREYAS M PATIL S/O MALLANGOUDA S PATIL AGED ABOUT 24 YEARS REG-18M3062 R/STUDENT AT AL-AMEEN MEDICAL COLLEGE VIJAYAPUR

20. MR DAVIS XAVIER S/O BATHOLOMEW AGED ABOUT 25 YEARS REG 13M6559 R/STUDENT AT SAPTHAGIRI INSTITUTE MEDICAL SCIENCES BANGALORE

21. MS SUSHMITA SITIMANI D/O RAMASWAMI AGED ABOUT 23 YEARS REG-18M1232 R/STUDENT AT B V V SANGHAS, NIJALINGAPPA MEDICAL COLLEGE BAGALKOT

22. MS MISBAH RAJASAB BABANNAVAR D/O RAJASAB AGED ABOUT 22 YEARS REG 18M3015 R/STUDENT AT AL-AMEEN MEDICAL COLLEGE VIJAYAPUR

23. MR GANESH KUNTOJI S/O GANGHADHAR AGED ABOUT 22 YEARS REG 18M1150 R/STUDENT AT B V V SANGHAS, NIJALINGAPPA MEDICAL COLLEGE BAGALKOT

24. MR SUHAS N S/O NAGARAJ J AGED ABOUT 25 YEARS REG 17M4347 R/STUDENT AT SUBBAIAH INSTITUTE OF MEDICAL SCIENCE SHIMOGA

25. MR MOHAMED VAJAHAT ALI V S/O VALLI PEERAN AGED ABOUT 23 YEARS REG 18M3018 R/STUDENT AT AL-AMEEN MEDICAL COLLEGE VIJAYAPUR

26. MR HARSHDEEP SINGH RAO S/O NARENDRA SINGH RAO AGED ABOUT 22 YEARS

REG-19M3652 R/STUDENT AT BASAVESHWARA MEDICAL COLLEGE CHITRADURGA ......PETITIONERS (BY SRI PRADEEP PATIL, ADVOCATE)

AND:

1. RAJIV GANDHI INSTITUTE OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR, BENGALURU-560041, REPRESENTED BY ITS REGISTRAR

2. THE NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8, DWARAKA PHASE-1, NEW DELHI-110077.

BY ITS EXECUTIVE SECRETARY ... RESPONDENTS (BY SRI HARISH GANAPATHY, ADVOCATE FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT-1 TO CONDUCT 2 ADDITIONAL VALUATIONS OF THE FAILED SUBJECTS OF THE MBBS (RS3) EXAMINATIONS OF FEBRUARY 2022 UNDERTAKEN BY ALL THE PETITIONERS 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 PERCENT MARKS BETWEEN ALL THE VALUATORS INTERMS OF ORDER DATED 01/07/2021 PASSED IN W.P.NO.10244/2021 AND CONNECTED WRIT PETITIONS VIDE ANNEXURE-C AS PER THE LAW ALREADY DECLARED BY THIS HON'BLE COURT AND ETC.

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

COMMON ORDER

The petitioners are all students of MBBS Course (RS3)

who had taken up the examination of various subjects but had

failed in some of the theory subjects. The petitioners have all

alleged that the valuation of the answer scripts was not done

in accordance with Regulation 13(2) of the MCI Graduate

Medical Education Regulations, 1997.

2. Learned counsel for the petitioners as well as

respondent No.1 submits that the relief sought for in these

writ petitions are all covered by a decision of this Court in

W.P.No.10244/2021 and connected writ petitions decided on

01.07.2021.

3. Learned counsel for some of the respondents

submits that following the aforesaid judgment several other

writ petitions in W.P.Nos.8757/2022 and 7999/2022 are also

disposed.

4. At this stage, learned counsel for respondent No.1

submits that respondent No.1 is conducting examinations in

respect of all the students who have taken up the

examinations RS3 and therefore no separate orders need be

passed insofar as these petitioners are concerned. Insofar as

MBBS Course (RS4) is concerned, learned counsel for

respondent No.1. submits that the examination is already

conducted and that the petitioners who have failed in the

examination would be entitled to take up the supplementary

examination.

5. Since the relief sought for by the petitioner in this

writ petition are admittedly covered by judgment passed by

this Court in W.P.No.10244/2021 and W.P.No.7999/2022 and

W.P.No.8757/2022, these writ petitions are also disposed of

on the same terms. Accordingly, respondent No.1 is directed

to conduct two additional valuations in the failed subjects of

MBBS (RS3) examination undertaken by the petitioners in

terms of regulation 13 of the Medical Council of India

Graduate Medical Education Regulations, 1997 which shall

include deviation valuation if there is difference of 15% marks

between the evaluators in terms of the order dated

01.07.2021 passed in W.P.No.10244/2021 and connected

matters within a period of two weeks from today. Insofar as

those petitioners who have taken up the examination of MBBS

(RS4) pattern, the same is also covered by judgment of the

learned Single Judge of this Court in W.P.No.9040/2022 and

accordingly, the benefit of the order passed in

W.P.No.9040/2022 shall be available to those petitioners who

took up the examination in MBBS (RS4) pattern.

Respondent No.1 is directed to comply the order within

a period of two weeks from the date of receipt of a certified

copy of this order.

Sd/-

JUDGE

rv