Sri Sanjay Gowda vs The Registrar(Evaluation)
2022 Latest Caselaw 7272 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.9359 OF 2022 (EDN -RES)

BETWEEN:

SRI. SANJAY GOWDA
S/O. SREENIVASAIAH
AGED ABOUT 23 YEARS
R/AT. SRI LAKSHMI PG,
BIDRAHALLI,
BENGALURU-560049
MOBILE-9740347591.
                                           ... PETITIONER
(BY SMT. KAVITHA.D, ADVOCATE)

AND:

1.     THE REGISTRAR (EVALUATION)
       RAJIV GANDHI UNIVERSITY OF
       HEALTH SCIENCE
       JAYANAGAR, 4TH BLOCK
       BENGALURU-560041.

2.     THE PRINCIPAL
       EAST POINT COLLEGE OF MEDICAL
       SCIENCES AND RESEARCH CENTRE
       EAST POINT CAMPUS
       JNANA PRABHA,
       VIRGO NAGAR POST
       BENGALURU-560049.
                                         ... 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
                                2




DIRECT THE R-1 TO TAKE IMMEDIATE STEPS FOR RE-
EVALUATION OF ALL THREE PAPERS NAMELY COMMUNITY
MEDICINE, OPHTHALMOLOGY AND OTORHINOLARYNGOLOGY
AND ADDITIONAL VALUATIONS OF FAILED SUBJECTS 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
DIFFERENCE OF 15 PERCENT MARKS BETWEEN ALL THE
EVALUATION IN TERMS OF ORDER DTD. 01.07.2021 PASSED
IN W.P. NO. 10244/2021 AND CONNECTED WRIT PETITION
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

It is seen that respondent No.2 is a formal party and no

relief is sought against respondent No.2. Hence, notice to

respondent No.2 is dispensed with.

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