Karnataka High Court
Mr A Amresh Venkatesh vs Rajiv Gandhi University Of Health ... on 17 May, 2022
Bench: R. Nataraj
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.9453 OF 2022 (EDN -RES)
BETWEEN:
1. MR. A. AMRESH VENKATESH
S/O. A. VENKATESH,
AGE 30 YEARS,
UNI REG NO 10M2502,
ADDRESS POOJA HOSPITAL, ADONI,
KURNOOL,
ANDHRA PRADESH- 518301.
2. MS. ASMA SULTANA NADAF
D/O MUBARAK NADAF,
AGED 23 YEARS,
REG NO 17M5049,
R/O C/O SHANAWAZ K NADAF,
NO 16, 1ST MAIN TIGALARA LAYOUT,
NAYANDANAHALLI,
BANGALORE 560039.
... PETITIONERS
(BY SRI. ABHISHEK MALI PATIL., ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH 'T' BLOCK JAYANAGAR,
BENGALURU 560041,
REP BY ITS REGISTRAR.
2. THE NATIONAL MEDICAL COMMISSION
POCKET 14, SECTOR 8,
DWARAKA PHASE 1,
2
NEW DELHI 110077,
BY ITS EXECUTIVE SECRETARY
... RESPONDENTS
(BY SRI. HARISH GANAPATHY, ADV FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING THE R1 TO CONDUCT 2 ADDITIONAL
VALUATIONS OF THE FAILED SUBJECT OF THE MBBS (RS3)
EXAMINATION OF FEBRUARY 2022 UNDERTAKEN BY ALL 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
PERCENT MARKS BETWEEN ALL THE EVALUATORS IN TERMS
OF ORDER DTD.01.07.2021 PASSED IN WP NO.10244/2021
AND CONNECTED WRIT PETITIONS VIDE ANNEXURE-C AS
PER THE LAW ALREADY DECLARED BY THIS HONBLE COURT
IN THE EARLIER WRIT PETITIONS AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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
