Karnataka High Court
Sanghamitra Basu Mallick 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.9435 OF 2022 (EDN -RES)
BETWEEN:
1. SANGHAMITRA BASU MALLICK
D/O BASUMALLICK
AGED ABOUT 29 YEARS,
REG NO. 13M8790
RESIDING AT. 357, WEST LAYOUT,
SONARI, JAMSHEDPUR
831011.
2. M. MEGHANA
D/O M. MAHADEVAIAH
AGED ABOUT 25 YEARS,
REG NO. 15M1342
596, SAPTHAGIRISANDHI APARTMENT,
FLAT NO. 104, 25TH MAIN 36TH CROSS,
IDEAL HOME TOWN SHIP
KENCHANALLI, BENGALURU-560098.
3. MUSKAAN E FATHIMA
D/O. MOHAMMED YUSUF TORGAL
AGED ABOUT 20 YEARS,
R/AT NO. 1870/65,
7TH MAIN ROAD, 3RD CROSS,
SWAMY VIVEKANANDA BADAVANE
NEAR MAHESH PU COLLEGE,
DAVANAGERE- 577 004.
... PETITIONERS
(BY SRI.RAKESH B.BHATT, ADVOCATE)
2
AND:
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
4TH T BLOCK, JAYANAGAR,
BENGALURU -560 041
REPRESENTED BY THE REGISTRAR.
... RESPONDENT
(BY SRI HARISH GANAPATHY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R1 TO CONDUCT 2 ADDL.VALUATIONS OF THE
FAILED SUBJECTS OF THE MBBS(RS3) EXAMINATION OF
FEBRUARY 2022 UNDERTAKEN BY ALL THE PETITIONERS,
STRICTLY IN TERMS OF REGULATIONS 13 OF MEDICAL
EDUCATION REGULATIONS 1997 INCLUDING DEVIATION
VALUATION ON THERE BEING A DIFFERENCE OF 15 PERCENT
MARKS BETWEEN ALL EVALUATORS IN TERMS OF ORDER
DATED 01.07.2021 PASSED IN WP O.10244/2021 AND
CONNECTED WRIT PETITION VIDE ANNEXURE-H AND ALSO
AS PER ORDER DATED 28.04.2022 PASSED BY THE HONBLE
COURT 9040/2022 VIDE ANNEXURE-J 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
