Karnataka High Court
Ms. Rajeshwari K.C vs Rajiv Gandhi University Of on 21 June, 2023
Bench: Sachin Shankar Magadum
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NC: 2023:KHC:21428
WP No. 16122 of 2022
C/W WP No. 10472 of 2022
WP No. 11412 of 2022
WP No. 16994 of 2022
WP No. 17238 of 2022
WP No. 20537 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 16122 OF 2022 (EDN-RES)
C/W
WRIT PETITION NO. 10472 OF 2022 (EDN-RES),
WRIT PETITION NO. 11412 OF 2022 (EDN-RES),
WRIT PETITION NO. 16994 OF 2022 (EDN-RES),
WRIT PETITION NO. 17238 OF 2022 (EDN-RES),
WRIT PETITION NO. 20537 OF 2022 (EDN-EX)
IN WP NO. NO. 16122/2022
BETWEEN:
MR. RUSHIKESH BHAGAWANRAO SOLANKE,
S/O BHAGAWANROA,
AGE: 25 YEARS,
REG. NO. 16A7955,
Digitally
signed by R/O DINDRUD POST, SHIVAJINAGAR,
CHAITHRA A MAJALGAON TALUK, BEED DISTRICT,
Location:
HIGH COURT MAHARASHTRA - 431 131.
OF
KARNATAKA
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY
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C/W WP No. 10472 of 2022
WP No. 11412 of 2022
WP No. 16994 of 2022
WP No. 17238 of 2022
WP No. 20537 of 2022
OF HEALTH SCIENCES,
4TH 'T 'BLOCK, JAYANAGAR,
BENGALURU - 560 041,
REPRESENTED BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU - 560 070.
...RESPONDENTS
(BY SRI. M S DEVARAJU, ADVOCATE FOR R2;
SRI. SACHIN B S, ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1
AND 2 TO CONDUCT 3RD EVALUATION OF THE ANSWER
SCRIPT OF THE FAILED SUBJECT SHALYA TANTRA PAPER I AND
SHALYA TANTRA PAPER II OF THE 4TH PROFESSIONAL BAMS
EXAMINATIONS OF JUNE 2022 UNDERTAKEN BY THE
PETITIONER, AS THE DIFFERENCE OF MARKS BETWEEN THE
EVALUATORS IS MORE THAN 15 PERCENT IN TERMS OF THE
ORDINANCE DATED 15.06.2012 WITH NO.AUTH/III AND V
VALUATION/208/2012-13 ISSUED BY RESPONDENT
UNIVERSITY VIDE ANNEXURE-D AND IN TERMS OF THE ORDER
DATED 21.12.2018 PASSED BY THIS HONBLE COURT IN
W.P.NO.48194-48198/2018 AND CONNECTED PETITIONS VIDE
ANNEXURE-E AND ETC.,
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NC: 2023:KHC:21428
WP No. 16122 of 2022
C/W WP No. 10472 of 2022
WP No. 11412 of 2022
WP No. 16994 of 2022
WP No. 17238 of 2022
WP No. 20537 of 2022
IN WP NO. NO. 10472/2022
BETWEEN:
MS. RAJESHWARI K C,
D/O K.G.V CHALAPATHY,
AGED: 23 YEARS,
REG. NO. 17D3474
R/O B2, 2ND FLOOR, BSR ELLYRIUM,
5TH CROSS, AECS LAYOUT,
SANJAY NAGAR,
BANGALORE - 94.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
2ND 'T 'BLOCK, JAYANAGAR,
BENGALURU - 560 041,
REPRESENTED BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
2ND 'T' BLOCK, JAYANAGAR,
BENGALURU - 560 070.
...RESPONDENTS
(BY SRI. SACHIN B S, ADVOCATE)
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WP No. 16122 of 2022
C/W WP No. 10472 of 2022
WP No. 11412 of 2022
WP No. 16994 of 2022
WP No. 17238 of 2022
WP No. 20537 of 2022
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR
ORDER OR DIRECTION IN THE NATURE OF MANDAMUS
DIRECTING THE RESPONDENTS NO.1 AND 2 TO CONDUCT 3RD
EVALUATION OF THE ANSWER SCRIPT OF THE FAILED
SUBJECTS OF THE 2ND BDS EXAMINATIONS OF MARCH 2022
UNDERTAKEN BY THE PETITIONER, AS THE DIFFERENCE OF
MARKS BETWEEN THE EVALUATORS IS MORE THAN 15
PERCENT IN TERMS OF THE ORDINANCE DATED 15.06.2012
ISSUED BY RESPONDENT UNIVERSITY VIDE ANNEXURE-C AND
IN TERMS OF THE ORDER DATED 21.12.2018 PASSED BY THIS
COURT IN W.P.NO.48194-48198/2018 AND CONNECTED WRIT
PETITIONS VIDE ANNEXURE-D AND ETC.,
IN WP NO. NO. 11412/2022
BETWEEN:
MR. SHAUN ELRIC LOBO,
S/O ERIC CHRISTOPHER LOBO,
AGED: 20 YEARS,
REG. NO. 20E0684,
R/O JOS-VILLA, D. NO. 15-13-785,
KADRI COCONUT GARDEN ROAD,
MANGALORE - 575 002.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
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C/W WP No. 10472 of 2022
WP No. 11412 of 2022
WP No. 16994 of 2022
WP No. 17238 of 2022
WP No. 20537 of 2022
AND:
1. RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
4TH 'T 'BLOCK, JAYANAGAR,
BENGALURU - 560 041,
REPRESENTED BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU - 560 070.
...RESPONDENTS
(BY SRI. SACHIN B S, ADVOCATE FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1
AND R2 TO CONDUCT 3RD EVALUATION OF THE ANSWER
SCRIPT OF THE FAILED SUBJECTS OF THE BSC-MIT
EXAMINATION OF JANUARY 2022 UNDERTAKEN BY THE
PETITIONER, AS THE DIFFERENCE OF MARKS BETWEEN THE
EVALUATORS IS MORE THAN 15 PERCENT IN TERMS OF THE
ORDINANCE DATED 15.06.2012 AS PER THE DIRECTIONS
ISSUED BY THE HONBLE COURT VIDE ORDER DATED
21.12.2018 PASSED IN WP NO.48194-48198/2018 AND
CONNECTED WRIT PETITIONS VIDE ANNEXURE-E AND ETC.,
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WP No. 16122 of 2022
C/W WP No. 10472 of 2022
WP No. 11412 of 2022
WP No. 16994 of 2022
WP No. 17238 of 2022
WP No. 20537 of 2022
IN WP NO. NO. 16994/2022
BETWEEN:
MR. MURALI P S,
S/O SATHISH P M,
AGE: 22 YEARS,
REG. NO. 19A5296,
R/O PANCHANAHALLI POST,
KADUR TALUK,
CHIKKAMAGALURU - 577 182.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
'T 'BLOCK, JAYANAGAR,
BENGALURU - 560 041,
REPRESENTED BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU - 560 070.
...RESPONDENTS
(BY SRI. SACHIN B S, ADVOCATE FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1
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WP No. 16122 of 2022
C/W WP No. 10472 of 2022
WP No. 11412 of 2022
WP No. 16994 of 2022
WP No. 17238 of 2022
WP No. 20537 of 2022
AND 2 TO CONDUCT 3RD EVALUATION OF THE ANSWER
SCRIPT OF THE FAILED SUBJECT RACHANA SHAREERA PAPER I
AND KRIYA SHAREERA PAPER II OF THE IST PROFESSIONAL
BAMS EXAMINATIONS OF JUNE 2022 UNDERTAKEN BY THE
PETITIONER, AS THE DIFFERENCE OF MARKS BETWEEN THE
EVALUATORS IS MORE THAN 15 PERCENT, IN TERMS OF THE
ORDINANCE DATED 15.06.2012 WITH NO.AUTH/III AND V
VALUATION/208-2012-13 ISSUED BY RESPONDENT
UNIVERSITY VIDE ANNEXURE-D AND IN TERMS OF THE ORDER
DATED 21.12.2018 PASSED BY THIS HONBLE COURT IN
W.P.NO.48194-48198/2018 AND CONNECTED PETITIONS VIDE
ANNEXURE-E AND ETC.,
IN WP NO. NO. 17238/2022
BETWEEN:
MR. YASH JALINDAR VIBHUTE,
S/O JALINDER ANANDA VIBHUTE,
AGE: 22 YEARS,
REG. NO. 19A0910,
R/O A/P, VADUJ TAL-KHATAV,
DIST-SATARA,
MAHARASHTRA - 412 803.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
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NC: 2023:KHC:21428
WP No. 16122 of 2022
C/W WP No. 10472 of 2022
WP No. 11412 of 2022
WP No. 16994 of 2022
WP No. 17238 of 2022
WP No. 20537 of 2022
1. RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
4TH 'T 'BLOCK, JAYANAGAR,
BENGALURU - 560 041,
REPRESENTED BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU - 560 070.
...RESPONDENTS
(BY SRI. SACHIN B S, ADVOCATE FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1
AND 2 TO CONDUCT 3RD EVALUATION OF THE ANSWER
SCRIPT OF THE FAILED SUBJECT THE 1ST PROFESSIONAL
BAMS EXAMINATIONS OF JUNE 2022 UNDERTAKEN BY THE
PETITIONER INCLUDING THE SUBJECTS PADARTH VIGYAN
EVAN AYURVEDA KA ITIHAS PAPER I, RACHANA SHAREERA
PAPER I, KRYA SHAREERA PAPER I, AS THE DIFFERENCE OF
MARKS BETWEEN THE EVALUATORS IS MORE THAN 15
PERCENT IN TERMS OF THE ORDINANCE DATED 15.06.2012
WITH NO.AUTH/III AND V VALUATIION/208/2012-13 ISSUED
BY RESPONDENT UNIVERSITY VIDE ANNEXURE-D AND IN
TERMS OF THE ORDER DATED 21.12.2018 PASSED BY THIS
HONBLE COURT IN W.P.NO.48194-48198/2018 AND
CONNECTED PETITIONS VIDE ANNEXURE-E AND ETC.,
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NC: 2023:KHC:21428
WP No. 16122 of 2022
C/W WP No. 10472 of 2022
WP No. 11412 of 2022
WP No. 16994 of 2022
WP No. 17238 of 2022
WP No. 20537 of 2022
IN WP NO. NO. 20537/2022
BETWEEN:
MS. GAANAVARSHINI J O,
D/O J P OBANNA,
AGE: 19 YEARS,
REG. NO. 21E3129,
R/O NO.56/57, J.P OBANNA,
ACHUTH NEST APARTMENT,
ULLAL MAIN ROAD,
BANGALORE - 560 055.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
4TH 'T 'BLOCK, JAYANAGAR,
BENGALURU - 560 041,
REPRESENTED BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU - 560 070.
...RESPONDENTS
(BY SRI. SACHIN B S, ADVOCATE FOR R1 AND R2)
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WP No. 16122 of 2022
C/W WP No. 10472 of 2022
WP No. 11412 of 2022
WP No. 16994 of 2022
WP No. 17238 of 2022
WP No. 20537 of 2022
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1
AND 2 TO CONDUCT 3RD EVALUATION OF THE ANSWER
SCRIPT OF THE FAILED SUBJECTS INCLUDING THE SUBJECT
FUNDAMENTAL OF ACCOUNTING OF THE 1ST SEMESTER
BACHELORS IN HOSPITAL ADMINISTRATIVE EXAMINATIONS
OF JULY 2022 UNDERTAKEN BY THE PETITIONER AS THE
DIFFERENCE OF MARKS BETWEEN THE EVALUATORS IS MORE
THAN 15 PERCENT IN TETERMS OF THE ORDIANNCE DATED
15.6.2012 WITH NO.AUTH/II AND V VALUATION /208/2012-13
ISSUED BY RESPONDENT UNIVERSITY VIDE ANNEXURE-D AND
IN TERMS OF THE ORDER DATED 21.12.2018 PASSED BY THIS
HONBLE COURT IN W.P.NO.48194-48198/2018 AND
CONNECTED PETITIONS VIDE ANNEXURE-E AND ETC.,
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
These batch of writ petitions are filed seeking
identical prayers which reads as under:
i. Issue a writ order or direction in the nature of
mandamus directing the Respondents No.1 and
2 to conduct 3rd evaluation of the answer script
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WP No. 20537 of 2022
of the failed subject 'Shalya Tantra Paper I'
and 'Shalya Tantra Paper II' of the 4th
professional BAMS Examination of June 2022
undertaken by the petitioner, as the difference
of marks between the evaluators is more than
15%; in terms of the Ordinance
dtd:15/06/2012 with No.Auth/III & V
Valuation/208/2012-13 issued by Respondent
university vide Annexure-D and in terms of the
order dated 21/12/2018 passed by this Hon'ble
court in W.P.No.48194-48198/2018 and
connected petitions vide Annexure-E; and
ii. Issue a writ or order direction in the nature of
mandamus directing the Respondents
authorities to compensate for the costs of the
litigation charges and damages for the
difficulty faced by the petitioner in ensuring
that the answer papers are corrected in terms
of the law already declared by this Hon'ble
Court in such unambiguous terms; and
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iii. Issue any other appropriate writ, or order or
direction as this Hon'ble Court deems fit to
grant in the ends of justice.
2. The petitioners in the batch of petitions are
assailing the common grievance that the evaluation of the
theory paper is not in terms of 2012 ordinance and also
contrary to the judgment rendered by the Co-ordinate
Bench of this Court dated 21.12.2018 in case of
Dr.Menaka Mohan and others vs. The Registrar
(evaluation) and others in W.P.Nos.48194-48197/2018
and connected matters disposed of on 21.12.2018.
3. It is stated across the bar that the relief sought
in the instance batch of petitions is clearly covered by the
judgment rendered by the Co-ordinate Bench of this Court
in W.P.No.3582/2021. It would be useful for this Court to
refer paragraph No.6 of the judgment, which reads as
under:
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"6. Therefore, the submission of the learned
Counsel for the petitioner that in terms of the
Regulations of 2012, if there is a difference of more
than 15% in the evaluation between two
evaluators, the same is required to be sent for the
third evaluator, needs to upheld. This position has
been reiterated by a co-ordinate Bench of this
Court in the case of Dr.Menaka Mohan, in
W.P.Nos.48194-48198/2018 and connected
matters disposed of on 21.12.2018."
4. On examining paragraph No.6 of the judgment
cited supra, in view of the statement made by learned
counsel appearing for the University, the present students
are similarly placed. I am of the view that petitioners are
also entitled to have third evaluation of answer scripts, as
indicated in their individual writ petitions. Learned counsel
appearing for respondent/University has made a
statement that some of the students have cleared subjects
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in supplementary exams; therefore, the prayer sought by
some of the students has become intructuous. It is
needless to say that students who have cleared
supplementary exams; the issue relating to those
petitioners/students would not survive for consideration.
5. For the forgoing reasons, I pass the following:
ORDER
i. These writ petitions are disposed of;
ii. Respondents No.1 and 2 are hereby
directed to hold a third evaluation of the
answer scripts in terms of ordinance
2012 and also in terms of the law laid
down by the Co-ordinate Bench of this
Court in the case of Dr.Menaka
Mohan;
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iii. The third evaluation shall be done within
a period of six weeks from the date of
copy of receipt of this order.
Sd/-
JUDGE
HDK
CT: BHK
