Karnataka High Court
Konisi Srilekha vs Rajiv Gandhi University Of Health ... on 24 July, 2023
Bench: Sachin Shankar Magadum
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NC: 2023:KHC:25659
WP No. 15934 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 15934 OF 2023 (EDN-RES)
BETWEEN:
1. KONISI SRILEKHA
D/O KONISI VENU GOPALA RAO,
AGED ABOUT 24 YEARS,
EXAM REG. NO. 17H0751
R/AT H.NO. 4, 2ND CROSS,
MALATHAHALLI, BEHIND V R CINIMAS,
BENGALURU-560 056
2. MADDURU RAJESH
S/O MADDURU RAJU,
AGED ABOUT 24 YEARS,
EXAM REG. NO. 17H0755
R/AT BHAGAWAN BUDDA HOMOEOPATHIC
MEDICAL COLLEGE BOYS HOSTEL,
Digitally 40 FEET ROAD, NGEF LAYOUT,
signed by MALLATHALLI, BENGALURU-560056
CHAITHRA A
Location:
HIGH 3. IDAYATHULLA B
COURT OF S/O BARKATHULLA,
KARNATAKA
AGED ABOUT 23 YEARS,
EXAM REG.NO. 18H0727
R/AT 1ST CROSS, NEHRU ROAD,
NEW GUDDADAHALLI
BENGALURU-560026
...PETITIONERS
(BY SRI. DIVYATEJ H.N, ADVOCATE)
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AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS VICE CHANCELLOR /
REGISTRAR (EVALUATION)
4TH BLOCK EAST, PATTABHINAGAR,
JAYANAGAR, BENGALURU-560041
2. THE PRINCIPAL
BHAGAVAN BUDDHA HOMOEOPATIC
MEDICAL COLLEGE AND HOSPITAL,
NO. 103/6, 40 FEET ROAD,
NGEF LAYOUT, MALLATHALLI
BENGALURU-560056
...RESPONDENTS
(BY SMT.FARAH FATHIMA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO
RELEASE THE IV BHMS EXAMINATION ADMISSION TICKETS OF
THE PETITIONERS AND ALLOW THEM TO WRITE THE
EXAMINATION WHICH IS SCHEDULED TO COMMENCE FROM
26.07.2023 AS PER EXAMINATION NOTIFICATION VIDE
ANNEXURE-C ISSUED BY THE R1 UNIVERSITY IN REG(E) / UG-
PG/AYUSH/THEORY EXAM/61/2023 DTD 07.06.2023 TO
CONDUCT BHMS THEORY EXAMINATION DURING JULY, 2023
DTD 07.06.2023 AND THEREBY DIRECT THE R1 UNIVERSITY
ANNOUNCE THE RESULTS OF THE PETITIONERS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 15934 of 2023
ORDER
The captioned petition is filed seeking the following
reliefs:
"a) Writ in a nature of mandamus directing the
respondent No.1 to release the IV BHMS Examination
Admission Tickets of the petitioners and allow them
to write the examination which is scheduled to
commence from 26.07.2023 as per Examination
Notification vide Annexure-C issued by the
respondent No.1 University in Reg (E) /UG-PG /
AYUSH/theory exam/61/2023 dated 07.06.2023 to
conduct BHMS theory examination during July, 2023
dated 07.06.2023 and thereby direct the respondent
No.1 University announce the results of the
petitioners.
b) Pass such other orders or issue such other
directions as this Hon'ble Court deems fit in the facts
and circumstances of the case in the interest of
justice and equity."
2. The respondent-University has not issued hall
ticket to the petitioners who were able to clear III year
BHMS examination held in March 2023. Therefore, the
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WP No. 15934 of 2023
respondent-University has raised objection in terms of
Regulation 8(c) of the Revised Ordinance Governing
Regulations and Curriculum of Homeopathy Degree
B.H.M.S. Course, 2019. In terms of the said regulations,
the respondent-University has declined hall ticket to the
petitioners by invoking Regulation 8(c). In terms of
Regulation 8(c), a candidate must pass III year BHMS
examination at least one term i.e., six months before he is
allowed to appear for IV year BHMS examination. Feeling
aggrieved by the said action, the petitioners are before
this Court seeking mandamus.
3. The issue in regard to entitlement of a
candidate to take final year exams dehors the conditions
stipulated in Regulation 8 is dealt by this Court in catena
of judgments. The students identically placed on account
of COVID pandemic, the conditions indicated in Regulation
8 was dispensed by a Court order. This Court in
W.P.No.5578/2023 has permitted students who are
similarly placed to take up the ensuing exams.
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4. I have given my anxious consideration to the
judgments which are placed on record along with this
petition. I am of the view that petitioners are entitled to
take up ensuing exams scheduled to commence from
26.07.2023. Therefore, a mandamus needs to be issued
to the respondent-University.
5. Accordingly, I pass the following:
ORDER
(i) The writ petition is allowed;
(ii) The respondent-University is directed to
release the IV BHMS examination admission
tickets of the petitioners and allow them to write
the examination which is scheduled to
commence from 26.07.2023 as per notification
vide Annexure-C, subject to eligibility and
thereby to announce the results of the
petitioners;
(iii) The standing counsel appearing for the
respondent-University shall orally communicate
to the University to permit the petitioners to take
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up ensuing exams scheduled to commence from
26.07.2023;
(iv) The pending interlocutory application, if
any, does not survive for consideration and
stands disposed of.
Sd/-
JUDGE
CA
