Ms. Priyanka P K vs Rajiv Gandhi University Of Health ...
2023 Latest Caselaw 3549 Kant

                              1


        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. 9985 OF 2023 (EDN-RES)
                        C/W
 WRIT PETITION NOS.7019/2023, 7577/2023, 8381/2023,
    8655/2023, 8837/2023, 9032/2023, 9433/2023,
         9577/2023, 9702/2023 & 9834/2023

IN WP NO.9985/2023
BETWEEN:

   ANIRUDDH V U
   S/O K.S. VENKATESHA UPADHYAYA
   AGED 22 YEARS
   R/AT ATTIGARU, ARALASURALI,
   SHIVAMOGGA, KARNATAKA - 577 414

                                               ...PETITIONER

(BY SRI.PRATEEK CHANDRAMOULI, ADVOCATE)

AND:

       RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
       BY ITS REGISTRAR (EVALUATION)
       4TH T BLOCK EAST, PATTABHIRAMA NAGAR,
       JAYANAGAR, BENGALURU
       KARNATAKA - 560041.

                                              ...RESPONDENT

(BY SRI.SACHIN.B.S, ADVOCATE FOR R1 & R2)
                               2


     THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE VALUATION
OF THE PRACTICAL ANSWER BOOKLET IN THE SUBJECT MEDICINE
IN RESPECT OF THE PETITIONER VIDE ANNX-A AS IT IS
ARBITRARY AND IN VIOLATION OF THE JUDGEMENT OF THIS
HONBLE HIGH COURT AND ETC.,


IN WP NO.7019/2023
BETWEEN:

     GOUSIA BANU
     W/O SYED PATEL,
     AGED ABOUT 53 YEARS,
     R/AT NO.19,
     VENKATESHWARA TENT ROAD,
     DEVASANDRA, K R PURAM,
     BANGALORE-560036.
                                              ...PETITIONER

(BY SRI.MOHAMMED TAHIR, ADVOCATE)

AND:

1.     RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
       4TH T BLOCK, PATTABHIRAMANAGAR,
       JAYANAGAR, BANGALORE -560041,
       REP BY REGISTRAR (EVALUATION).

2.     MANDYA INSTITUTE OF MEDICAL SCIENCE
       MANDYA,
       MANDYA CITY-571401,
       REP BY ITS DIRECTOR.

3.     NATIONAL MEDICAL COMMISSION
       ROCKET NO.4, SECTOR 8,
       DWARAKA PHASE-1,
                               3


       NEW DELHI-110077.

                                             ...RESPONDENTS

(BY SRI.SACHIN.B.S, ADVOCATE FOR R1;
SRI.N.KHETTY, ADVOCATE FOR R3;
SMT.SUMANA BALIGE, ADVOCATE FOR R2)

    THIS WP IS FILED UNDER ARTICLES 226 &227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 AND 2 TO
CONDUCT SURGERY PRACTICAL EXAM OF PETITIONERS DAUGHTER
A FRESH BY FOLLOWING THE GUIDELINES OF YEAR 2020 AT
ANNX-C, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

IN WP NO.7577/2023
BETWEEN:

        MS. PRIYANKA P K
        D/O DR. PRABHAKAR K,
        AGED ABOUT 22 YEARS,
        R/AT NO.127/13, P C EXTENSION,
        4TH MAIN, 4TH CROSS,
        KOLAR-563102.
        PURSUING IV YEAR MBBS AT BANGALORE MEDICAL
        COLLEGE AND RESEARCH INSTITUTE.
                                              ...PETITIONER

(BY SRI.PARASHURAM A L, ADVOCATE)

AND:

1.     RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
       4TH T BLOCK, JAYANAGAR,
       BENGALURU-560041
       REPRESENTED BY ITS REGISTRAR (EVALUATION)

2.     THE DEPUTY REGISTRAR (EVALUATION)
       RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
                                 4


      4TH T BLOCK, JAYANAGAR,
      BENGALURU-560041.

3.    BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE
      FORT, K.R. ROAD,
      BANGALORE-560002
      REPRESENTED BY ITS PRINCIPAL.

                                            ...RESPONDENTS

(BY SRI.SACHIN B S, ADVOCATE FOR R1 & R2;
SRI.P.S.MALIPATIL, ADVOCATE FOR R3;
SRI.ADITYA SONDI, SR. ADVOCATE FOR R3)

     THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTION TO R-1
UNIVERSITY TO RE-CONDUCT THE PRACTICAL EXAMINATION OF
THE OBSTETRICS AND GYNECOLOGY SUBJECT OF THE MBBS RS3
COURSE CONDUCTED IN FEBRUARY 2023 FOR THE PETITIONER IN
A TIME BOUND MANNER VIDE ANNEXURE-A.


IN WP NO.8381/2023
BETWEEN:

     MS GADIRAJU NAGA NAVYA,
     D/O GADIRAJU NARAYANA RAJU,
     AGED 21 YEARS,
     UNI REG. NO. 18M0703,
     R/O IMPERIAL NAVKIS APARTMENT-601,
     6TH MAIN ROAD, H.S.R. NAGAR,
     MATHIKERE, BENGALURU-560054.

                                             ...PETITIONER

(BY SRI.ABHISHEK MALIPATIL, ADVOCATE)
                               5


AND:

1 .    RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
       4TH T BLOCK, JAYANAGAR,
       BENGALURU -560 041,
       REP BY ITS VICE CHANCELLOR.

2.     REGISTRAR (EVALUATION)
       RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
       4TH T BLOCK, JAYANAGAR,
       BENGALURU -560 041.

                                             ...RESPONDENTS

(BY SRI.SACHIN.B.S, ADVOCATE FOR R1 & R2)

      THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARING THE MARKS
AWARDED TO THE PRACTICALS/CLINICALS EXAMINATION OF THE
SUBJECT GENERAL MEDICINE OF THE PHASE III -PART II (4TH
YEAR) MBBS EXAMINATIONS OF FEBRUARY 2003 UNDERTAKEN BY
THE PETITIONER AS PER THE PRACTICAL ANSWER PAPER OF THE
SUBJECT GENERAL MEDICINE ISSUED BY THE RESPONDENT
UNIVERSITY ON 05.04.2023 VIDE ANNX-C AS NULL AND VOID AND
ETC.,

IN WP NO.8655/2023
BETWEEN:

1.     SRI. SHAMANTH H.S.
       S/O. SHASHIKANTH. H. M.,
       AGED ABOUT 24 YEARS,
       R/AT NO. 28/24,GIRIMOJI RAO'S COMPOUND,
       TAILOR STREET, COWLBAZAR, BELLARY-583 102.
       REG NO. 18M2392.

2.     SRI. SHRIKANTH. G. S.
       S/O. SHASHIDHARA. G. H. ,
                             6


     AGED ABOUT 24 YEARS,
     R/AT GARJE OUTPOST, KADUR TALUK,
     CHICKMAGALURU DISTRICT-577 140,
     REG NO. 18M2399.
3.   SRI. SHUBHAKAR. B. K.
     S/O. KALLESHAPPA. B. R.,
     AGED ABOUT 24 YEARS,
     R/AT SANIDEVARA STREET,
     BESIDE MARUTI ITI COLLEGE,
     KADUR, CHICKMAGALURU-577 548,
     REG NO. 18M2400

4.   KUM. SHREYA. M. S.
     D/O. MANJAPPA. A. S,
     AGED ABOUT 23 YEARS,
     R/AT 857/13, 1ST STAGE,
     SHIVKUMAR SWAMY BADAWANE,
     DAVANAGERE-577 005,
     REG NO. 18M2396

     PETITIONERS 1-4 ARE STUDENTS OF SHIMOGA INSTITUTE
     OF MEDICAL SCIENCES,
     SAGAR ROAD, MISSION COMPOUND,
     SHIVAMOGGA, KARNATAKA-577 201.

5.   KUM. NIKITHA GOWDA
     D/O. ESWAR N. B, TURUVEKARE,
     AGED ABOUT 23 YEARS,
     MAYASANDRA ROAD,
     OPP. JUNIOR COLLEGE,
     TUMKUR-572 227,
     REG NO. 18M1891

6.   KUM. PRITHVI. M
     D/O. NANDISHWARA,
     AGED ABOUT 24 YEARS,
     R/AT R.V. GARDENS, P.C. HALLI MAIN ROAD,
     KOLAR-563 101,
                              7


       REG NO. 18M1898.

7.     KUM. AISHWARYA
       D/O. RAMANGOUDA,
       AGED ABOUT 23 YARS,
       R/AT VENAKATRAO COLONY,
       WARD NO. 8, SINDHANUR,
       RAICHUR-584 128,
       REG NO. 18M1826.

8.     SRI. NIKHIL CHALLAGUNDLA
       S/O. CHALLAGUNDLA.S,
       AGED ABOUT 22 YEARS,
       R/AT NO. 28, LANDSTAR PINNACLE,
       HIRANDAHALLI, BENGALURU-560 049,
       REG. NO. 18M1958.

9.     KUM. ANUSHA CHINWAL
       D/O. ARUN,
       AGED ABOUT 23 YEARS,
       R/AT PLOT NO. 40/41A NRPATUNGA PARK SHAKTI COLONY,
       HUBLI, DHARWAD, KARNATAKA-580 032,
       REG. NO. 18M1833.

10 .   KUM. DIVYA SUSANGI
       D/O. ARUN,
       AGED ABOUT 24 YEARS,
       UNKAL CROSS, SIDDESHWAR NAGAR,
       DHARWAD DISTRICT,
       HUBLI ENGINEERING COLLEGE,
       DHARWAD-580 031,
       REG NO. 18M1852

       PETITIONERS 5-10 ARE STUDENTS OF EAST POINT
       COLLEGE OF MEDICAL SCIENCES,
       JNANA PRABHA, EAST POINT CAMPUS,
       VIRGO NAGAR POST,
       AVALAHALLI, BENGALURU,
                              8


       KARNATAKA-560 049.

                                             ...PETITIONERS

(BY SRI.PRATEEK CHANDRAMOULI, ADVOCATE)

AND:

       RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
       BY ITS REGISTRAR (EVALUATION),
       4TH T BLOCK, EAST,
       PATTABHIRAMA NAGAR,
       JAYANGAR, BENGALURU,
       KARNATAKA-560 041.

                                             ...RESPONDENT

(BY SRI.SACHIN.B.S, ADVOCATE)

     THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE VALUATION OF
THE PRACTICAL ANSWER BOOKLET IN THE SUBJECT PEDIATRICS
IN RESPECT OF THE P1 TO P4 OF THE EXAMINATIONS OF
FEBRUARY 2023,VIDE ANNX-A TO A3, AS IT IS ARBITRARY AND IN
VIOLATION OF THE JUDGMENTS OF THIS HONBLE HIGH COURT
AND ETC.,


IN WP NO.8837/2023
BETWEEN:

1.     HARSHITHA K
       D/O KRISHNA REDDY,
       AGED 24 YEARS,
       1ST BLOCK, SHANTHINAGARA CHELUR,
       CHIKKABALLAPUR 563124,
       REG NO 17 M 4281
                               9


2.   MANUSHREE N
     D/O N NARASIMHAMURTHY,
     AGED 23 YEARS,
     10/A, 2ND MAIN ROAD, LBS NAGAR,
     VIMANAPURA, BENGALURU-560017
     REG NO 18 M 2492

3.   MANOJ S N
     S/O NANJUNDA REDDY,
     AGED 25 YEARS,
     SULIKUNTE, BENGALURU562125,
     REG NO 18 M 2490

4.   KOTHAPALLI DHATRI
     C/O KOTHAPPALLI RAGHU BABU,
     AGED 24 YEARS,
     P NO 290, 291, GOPALANAGAR,
     DIAMOND HILLS 1 KUKATPALLI,
     TELANGANA 500085,
     REG NO 17 M 4358

5.   MANISH N
     S/O D NAGENDRA,
     AGED 24 YEARS,
     2ND CROSS, VIDYANAGAR,
     SHVIAMOGGA 577201,
     REG NO 18 M 2489

6.   AMITH M R
     S/O RAMAPPA, AGED 23 YEARS,
     NO 6, 4TH CROSS, KENCHAPPA LAYOUT,
     SHIVAMOGGA 577204,
     REG NO 18 M 2436

7.   SHYLENDRA KUMAR U K
     S/O KRISHNAMURTHY H R,
     2ND MAIN, 2ND CROSS, GANDHINAGAR,
     TIPTUR-572201, AGED 23 YEARS,
                              10


       REG NO 18 M 2537

8.     GOURAB ROY
       S/O GOUTHAM ROY,
       AGED 26 YEARS,
       NO 1, DURGSTHAN COLONY, KATHIHAR,
       BIHAR 854105,
       REG NO 18 M 2463

9.     S MANOJ KUMAR
       S/O G SRINIVAS,
       AGED 24 YEARS,
       DIST. LEVEL HOSPITAL, SHIKARIPURA 577427,
       REG NO 18 M 2517

10 .   PRADEEP KUMAR N
       S/O NARAYANA REDDY,
       AGED 24 YEARS,
       C/O SUBBIAH INSTITUTE OF MEDICAL SCIENCES,
       MENS HOSTEL, N H 1, HH ROAD, PURLE,
       SHIVAMOGGA 577222,
       REG NO 18 M 2511

                                              ...PETITIONERS

(BY SRI.N.K.RAMESH, ADVOCATE)

AND:

1.     RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
       4TH T BLOCK, JAYANAGAR, BANGALORE 560041,
       REPRESENTED BY ITS REGISTRAR.

2.     RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
       4TH T BLOCK, JAYANAGAR, BANGALORE 560041,
       REPRESENTED BY ITS REGISTRAR (EVALUATION)
                              11


3.    SUBBAIAH INSTITUTE OF MEDICAL SCIENCES
      N H 1, HH ROAD, PURLE, SHIVAMOGGA 577222.
      REPRESENTED BY ITS DEAN

                                            ...RESPONDENTS

(BY SRI.SACHIN.B.S, ADVOCATE FOR R1 & R2)

      THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARING THAT THE
PRACTICAL EXAMINATION OF THE PETITIONER IN THE SUBJECT
PEDIATRICS CONDUCTED BY THE RESPONDENT IN FEBRUARY 2023
AS ILLEGAL AND SET-ASIDE AND ETC.,


IN WP NO.9032/2023
BETWEEN:

1 . KUM. VASAVI GUNDALLI
    D/O. HONNAPPA,
    AGED ABOUT 26 YEARS,
    R/AT NO. 55, NILAGIRI,
    NRUPATHUNGA PARK,
    NEAR SHAKTI COLONY,
    HUBBALLI-580 032,
    REG. NO. 16M3391.

2 . KHEM CHAND VERMA
    S/O. KISAN CHAND VERMA,
    AGED ABOUT 27 YEARS,
    R/AT B.H. ROAD, SHIVAMOGGA,
    KARNATAKA-577 201.
    REG NO. 16M4129

3 . SHIVRATAN BAIRWA
    S/O. SHARVANLAL,
    AGED ABOUT 27 YEARS,
    R/AT B.H. ROAD, SHIVAMOGGA,
                              12


   KARNATAKA-577 201.
   REG NO. 17M0677

4 . PRAMOD. M
    S/O. MANJUNATH. K. S.,
    AGED ABOUT 22 YEARS,
    NO. 21, KODIGEHALLI,
    KADUGODI POST,
    BANGALORE-560 067.
    REG. NO. 17M4314

                                             ...PETITIONERS

(BY SRI.PRATEEK CHANDRAMOULI, ADVOCATE)

AND:

       RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
       BY ITS REGISTRAR (EVALUATION),
       4TH T BLOCK EAST,
       PATTABHIRAMA NAGAR, JAYANAGAR,
       BENGALURU, KARNATAKA-560 041.

                                             ...RESPONDENT

(BY SRI.SACHIN B S, ADVOCATE)

       THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE VALUATION
OF THE PRACTICAL ANSWER BOOKLET IN THE SUBJECT MEDICINE
IN RESPECT OF THE PETITIONER NO.1, OF THE EXAMINATIONS OF
FEB 2023 VIDE ANNX-A, AS IT ARBITRARY AND IN VIOLATION OF
THE JUDGEMENT OF THIS HONBLE HIGH COURT AND ETC.,
                              13


IN WP NO.9433/2023
BETWEEN:

1 . MS TEENA MARIA THOMAS
    D/O THOMAS K O
    AGE 23 YEARS, UNI REG NO 18M0397
    R/O ST. THOMAS TERESSA HOSTEL,
    ST JOHNS MEDIAL COLLEGE,
    SARJAPUR ROAD, KORAMANGALA,
    BENGALURU-560034

2 . MS SAGARIKA ALEXANDER
    D/O SANDEEP ALEXANDER
    AGE 24 YEARS, UNI REG NO 18M0372
    R/O ST. THOMAS TERESSA HOSTEL,
    ST JOHNS MEDICAL COLLEGE,
    SARJAPUR ROAD, KORAMANGALA,
    BENGALURU-560034

                                             ...PETITIONERS

(BY SRI.ABHISHEK MALIPATIL, ADVOCATE)

AND:

1.     RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
       4TH T BLOCK, JAYANAGAR,
       BENGALURU 560041
       REP BY ITS VICE CHANCELLOR

2.     THE REGISTRAR (EVALUATION)
       RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
       4TH T BLOCK, JAYANAGAR,
       BENGALURU-560041

                                            ...RESPONDENTS

(BY SRI.SACHIN B S, ADVOCATE FOR R1 & R2)
                               14



      THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO 1. DECLARING THE MARKS
AWARDED TO THE PRACTICALS/ CLINICALS EXAMINATION OF THE
SUBJECT GENERAL MEDICINE OF THE PHASE III - PART II (4TH
YEAR) MBBS EXAMINATIONS OF FEBRUARY 2023 UNDERTAKEN BY
THE PETITIONER AS PER THE PRACTICAL ANSWER PAPER OF THE
SUBJECT GENERAL MEDICINE ISSUED BY THE RESPONDENT
UNIVERSITY ON 12.04.2023 VIDE ANNX-C AS NULL AND VOID AND
ETC.,


IN WP NO.9577/2023
BETWEEN:

1 . KUM.AFEEFA KAUSER K
    D/O MOHAMMED KHADEER AHMED
    AGED ABOUT 22 YEARS,
    R/A MEHAR MZNZIL, NEAR WMO
    SCHOOL, BATHERY P.O,
    SULTHANBATHERY, WAYANAD,
    SULTHAN BATHERY, KERALA,
    673592, REG.NO.18M1825.

2 . KUM.SHALINI JHA
    D/O MAHINDRA NATH JHA
    AGED ABOUT 22 YEARS,
    R/A FLAT NO.902, WING 19,
    SHRIRAM SUMMIT, ELECTRONIC CITY
    PHASE 1, BANGALORE-560 100
    REG NO:18M1919.

3.   KUM.BISWAMITA TRIPATHY
     D/O BISWAJITH TRIPATHY
     AGED ABOUT 22 YEARS,
     R/A #245, 3RD CROSS, CELEBRITY
     PARADISE LAYOUT, ELECTRONIC
     CITY, BANGALORE 560 100
                               15


     REG NO.18M1846.

4.   SRI.SIDDHARTHA M.C
     S/O CHANDRAPPA M.G.
     AGED ABOUT 23 YEARS
     R/A 72/R, MIG KHB KALLAHALLI
     KASHIPURA MAIN ROAD,
     SHIMMOGA-577 204
     REG NO.18M3305.

5.   SRI.VIVEKANANDASWAMY TKM
     S/O VISHWANATHAIAH KM
     AGED ABOUT 23 YEARS
     R/A ARASIKERE POST,
     HARANAPAHALI TALUK,
     DAVANAGERE DIST 583 131
     REG NO.18M2422.

6.   SRI.KIRAN S.B.
     S/O SHIVANANDA
     AGED ABOUT 23 YEARS
     R/A 24/A, 5TH CROSS,
     SHARADAMBA NAGAR,
     JALAHALLI BANGALORE 560 013
     REG NO.18M5605.

7.   SRI.ROHAN S.O.NAIK
     S/O ONKARA NAIK,
     AGED ABOUT 22 YEARS,
     R/A #12, ANJANADRI,
     6TH CROSS 60 FT ROAD,
     VINOBANAGARA, SHIMOGA-577 204
     REG NO.18M4973.

8.   SRI.ABHISHEK G.R.
     S/O RANGAPPA
     AGED ABOUT 22 YEARS,
     R/A #2948/8, 1ST A MAIN RAOD,
                              16


     C BLOCK, 2ND STAGE RAJAJINAGAR
     BANGALORE 560 021
     REG NO.18M1522.

9.  SRI.ASGHAR BOMMANAHALLI
    S/O KHADARGOUSE
    AGED ABOUT 31 YEARS,
    R/A SJHIFA NURSING HOME
    SHAH BAZAAR, BANKAPUR
    HAVERI DISTRICT,
    SHIGGAON TALUK-581 202
    REG NO.10M2715.
10. SRI.S.JAYANTH
    S/O V.SURESH REDDY
    AGED ABOUT 22 YEARS,
    R/A #42, 14TH CROSS GK
    LAYOUT CK NAGAR (HOSA ROAD)
    ELECTRONIC CITY POST
    BANGALORE-560 100
    REG NO.18M0769.

11. SRI.KEERTHAN VALMIKI H.R.
    S/O RAJASHEKHARAIAH H.R.
    AGED ABOUT 23 YEARS
    R/A MARUTHI NNAGAR, 1ST B CROSS
    HASIRU NILAYA, TUMKUR-572 224
    REG NO.18M0720.

12. KUM.POORNIMA
    D/O DODDABASAPPA
    AGED ABOUT 24 YEARS,
    R/A GOBBARAKAL, SINDHANUR
    TALUK, POST HUDA,
    RAICHUR-584 128
    REG BI,18M4814.

13. SRI.RISHI PANDEY
    S/O M.R.UMESH PANDEY
                             17


   AGED ABOUT 26 YEARS,
   R/A PRAGYA HOSPITAL NEAR
   PANCHAYAT BHAWAN, KAMARGANJ,
   AYODHYA-224 229
   REG NO.18M0767.

14. SRI.SAURABH RAI
    S/O HARIKESH RAI
    AGED ABOUT 25 YEARS
    R/A 1106, BLOCK E, VVIP HOMES,
    GAUR CITY 2, GREATER NOIDA,
    NOIDA, UTTAR PRADESH-201 301
    REG NO.18M0777.

15. SRI.AAKASH SINGH
    S/O BALENDRA BHOOSHAN SINGH
    AGED ABOUT 26 YEARS
    R/A IMLIA KHADAR VILLAGE, KUTTI
    RAMTALHA POST, BALRAMPUR DIST,
    UTTAR PRADESH-271 215
    REG NO.17M4248.

16. SRI.SHYLENDRA KUMAR U K
    S/O KRISHNAMURTHY H.R
    AGED ABOUT 24 YEARS
    R/A VINAYAKANAGAR, 2ND MAIN,
    TIPTUR-572 201
    REG NO.18M2537.

17. KUM.NEHA A KARAKAR PARTHI
    D/O ADISHESHAIAH
    AGED ABOUT 24 YEARS
    R/A #2, DWARKAMAI, 6TH MAIN,
    F BLOCK, RAMKRISHNA NAGAR,
    MYSORE-570 022
    REG NO.17M5387.
                              18


18. SRI.SUSHANTH R JAGANNAVAR
    S/O REVANNA JAGANNAVAR
    AGED 22 YEARS,
    R/A BASAVA NILAYA,
    VIDYA NAGAR 2, COLLEGE ROAD,
    RAIBAG BELGAUM-591 317
    REG NO.18M5018.

19. SRI.SUNIL S KALABHAVI
    S/O SHIVANANAD M.K.
    AGED ABOUT 24 YEARS
    R/A C/O G.M.HOROBIDI
    AT POST MUMMIGATTI TQ,
    DHARWAD DIST-580 011
    REG NO.18M5013.

20. KUM.TULIKA SHINEY TIRKEY
    D/O MR.TARCISIUS TIRKEY
    AGED ABOUT 25 YEARS
    R/A ROHTAS VILLA PLOT NO.4/2
    MOTHER TERESA NAGAR,
    KATANGI ROAD KARMETA JABALPUR
    MADHYA PRADESH-482 002
    REG NO.18M0402.

21. KUM.BHARGAVI B.M.
    D/O BASWARAJ
    AGED ABOUT 24 YEARS,
    R/A #23-3/9 UPPER MADDI NO.1
    NEAR METHODIST CHURCH,
    SHAHABAD, CHITTAPUR TALUK,
    KALABURAGI DISTRICT
    PIN CODE:585 228
    REG NO.17M2275.

22. LEANNA CRASTA
    D/O ANTHONY STEVEN
    AGED ABOUT 24 YEARS,
                               19


    R/A #19/2 9TH CROSS,
    MARUTHI NAGAR, MADIWALA,
    OPPOSITE TO VENKATESHWARA
    COLLELGE-560 068
    REG NO.18M1953.

23. SRI.S.RAVI
    S/O MALAKAPPA
    AGED ABOUT 24 YEARS,
    MALAKAPPA TEACHER,
    GANDHI CHOWK DEVDURGA,
    RAICHUR-584 111
    REG NO.18M4978.

                                                ...PETITIONERS

(BY SRI.PRATEEK CHANDRAMOULI, ADVOCATE)

AND:

       RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
       BY ITS REGISTRAR (EVALUATION)
       4TH T BLOCK EAST, PATTABHIRAMA NAGAR,
       JAYANAGAR, BENGALURU,
       KARNATAKA-560 041.


                                                ...RESPONDENT

(BY SRI.SACHIN B S, ADVOCATE)

     THIS WP IS FILED PRAYING TO 1. QUASH THE VALUATION OF
THE PRACTICAL ANSWER BOOKLET IN THE SUBJECT MEDICINE IN
RESPECT OF THE PETITIONERS NO.1, 2, 3, 4, 6, 8, 10, 13, 14, 15,
17, 19, 20 AND 22 OF THE EXAMINATIONS OF FEBRUARY 2023,
VIDE ANNEXURES A, A1, A2, A3, A5, A7, A9, A12, A13, A14, A16,
A18, A19 AND A21 AS IT IS ARBITRARY AND IN VIOLATION OF THE
JUDGMENTS OF THIS HONBLE COURT AND ETC.,
                               20


IN WP NO.9702/2023
BETWEEN:

1 . L.MEDHA SRAVANTHI
    D/O L.CHANDRA SHEKAR
    AGED 24 YEARS
    303, C-WING, ASFHWINI SITARA
    APARTMENTS, RAMAKRISHNAPURE,
    CHANDAPURA, BENGALURU-560 099
    REG. NO.18M24K85.

2 . ANJALI B.
    D/O BABU B.V.
    AGED ABOUT 24 YEARS
    NO.6, NEAR GOVT.SCHOOL,
    BALEGERE, BELLANDUR,
    BENGALURU-650 103
    REG. NO.18M2441.

3.   PREETHA V DURGESHWARI
     D/O VENKARESH M
     AGED ABOUT 24 YEARS,
     116, 1ST MAIN, MARAMMA TEMPLE
     STREET, VTC BANGALORE SOUTH,
     BASAVANAGUDI,
     BENGALURU-560 004
     REG. NO.17M4315.

4.   VIDYA SREE A
     D/O A SHARADA
     AGED 24 YEARS
     C/O SUBBAIAH INSTITUTE OF
     MEDICAL SCIENCES, WOMENS
     HOSTEL, NH1, HH ROAD, PURLE,
     SHIVAMOGGA-577 222
     REG. NO.18M2554.

5.   ANUSHREE M.C.
                                 21


     D/O BHAGYA M.R.
     AGED 26 YEARS
     29/402-1, GAREBAVIPALYA,
     BOMMANAHALLI,
     BENGALURU-560 068
     REG. NO.17M4367.

6.   AMUTA SHEETAL CHAVAJ
     D/OSHEETAL
     AGED 25 YEARS
     KILLA BHAG, TERDAL
     BAGALKOT-587 315
     REG. NO.18M2562.

7.   SHASHANK L
     S/O LOKESHAPPA
     AGED 26 YEARS
     TALLIKATTE
     SHIMOGGA-577 227
     REG.NO.17M4388.

8.   SATYAM
     S/O SATYENDRA KUMAR MISHRA
     AGED 26 YEARS
     NO.4009, ROAD NO.12
     ASHOKNAGAR, SAMPECHAK,
     PATNA-800 020
     REG.NO.17M4387.

9.   SURYA N NISHANIMATH
     S/O DR.GURUDEV N NISHANIMATH
     AGED 24 YEARS
     B-191, WOMWNS POITECHNIC
     COLLEGE RD, SWAMY VIVEKANANDA
     EXTN, GADIKOPPA,
     SHIMOGA-577 205
     REG.NO.18M2544.
                               22


10. VISHWANATH SHASHIKANT PATIL
    S/O SHASHIKANTH
    AGED 24 YEARS
    PLOT NO.356, SCHEME-13,
    BELAGUM-590 001
    REG.NO.18M2557.

11. AKARSH C.R.
    S/O C.H.RAMESH
    AGED 23 YEARS,
    CHITTUVALLI, KELAGUR,
    CHIMAGALORE DIST-577 111
    REG.NO.18M2431.

12. AKASH G MISHRI KOTI
    S/O GURUNATH
    AGED 23 YEARS
    SUBBAIAH INSTITUTE OF MEDICAL
    SCIENCES, MENS HOSTEL
    NH1, HH ROAD, PURLE,
    SHIVAMOGGA-577 222
    REG.NO.18M2432.

13. HARINI MUTYALA
    D/O SREERAM MURTHY
    AGED 25 YEARS
    16TH A MAIN, 8TH CROSS, J.P.NAGAR
    BENGALURU-560 078
    REG.NO.17M4280.

14. SUNIL GOUDA S PATIL
    S/O SIDDAPA GOUDA PATIL
    AGED 25 YEARS
    AGASBALA
    BIJAPUR-586 208
    REG.NO.18M2542.
                            23


15. PURBASHA BANU
    D/OPRADIPTA BANU
    AGED 26 YEARS
    BHAKHRAHAT, BISHNUPUR-2,
    SOUTH PARAGANAS
    WEST BENGAL-743 377
    REG nO.17M4280.

16. SARIKA REDDY P
    D/O PRASAD REDDY
    AGED 24 YEARS
    84, GUMMAREDDY PURA,
    SRINIVASPUR, KOLAR-563 126
    REG.NO.17M4328.

17. PAVANKALYAN D.M.
    S/O D.M.MUNIRAJU
    AGED 24 YEARS,
    2965, 25TH WARD,
    DODDABALLAPUR,
    BENGALURU RURAL DIST-561 203
    REG.NO.17M4308.

18. AITHRA R
    D/O R.RAJAPUTHIRAN
    AGED 23 YEARS
    SUBBAIAH INSTITUTE OF MEDICAL
    SCIENCES
    MENS HOSTEL, NH1, HH ROAD,
    PURLE, SHIVAMOGGA-577 222
    REG.NO.17M4368.

19. D.SATWIK
    S/O KRISHNA DEVABOYINA
    AGED 23 YEARS
    G-2, SHAIVALYA APARTMENTS,
    BASAVESGWARA LAYOUT,
    NAGASHETTYHALLI, RMV
                              24


     EXTENSION, BANGALURU-560 009
     REG.NO.18M2452.

20. SUSHRUT AICH
    S/O SUSANTHA AICH
    AGED 26 YEARS,
    1/7, MAHENDRA BANARJEE ROAD,
    PARANSREE PALLY,
    KOLKATA-700 060
    REG.NO.17M4392.

                                                ...PETITIONERS

(BY SRI.N.K.RAMESH, ADVOCATE)

AND:

1.     RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
       4TH T BLOCK, JAYANAGAR,
       BANGALORE- 560041
       REPRESEBTED BY ITS REGISTRAR.

2.     RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
       4TH T BLOCK, JAYANAGAR,
       BANGALORE- 560041
       REPRESEBTED BY ITS REGISTRAR (EVALUATION)

3.     SUBBAIAH INSTITUTE OF MEDICAL SCIENCES
       NH1, HH ROAD, PURLE,
       SHIVAMOGGA-577 222
       REPRESENTED BY ITS DEAN.

                                            ...RESPONDENTS

(BY SRI.SACHIN B S, ADVOCATE FOR R1 & R2)

     THIS WP IS FILED PRAYING TO ISSUE A WRIT DECLARING
THAT THE PRACTICAL EXAMINATION OF THE PETITIONERS IN THE
                               25


SUBJECT PEDIATRICS CONDUCTED BY THE RESPONDENTS IN
FEBRUARY 2023 IN THE 3RD RESPONDENT COLLEGE RESULTING IN
DECLARING THEM AS FAILED AS PER ANNEXURES A TO A19 AS
ILLEGAL AND SET ASIDE AND ETC.,


IN WP NO.9834/2023
BETWEEN:

1 . KUM.VIDYA S SHINDE
    D/O SATYENDRA SHINDE,
    AGED ABOUT 24 YEARS
    R/A NO.1336, 16TH MAIN, 3RD CROSS,
    NISARGA LAYOUT, HARAPANAHALLI,
    JIGANI, BANNERGHATTA,
    BANGALORE-560 083
    REG.NO.18M3322.

2 . SRI.V.M.CHETAN
    S/O NAGABHUSHAN
    AGED ABOUT 23 YEARS,
    R/A 226, SARDAR PATEL ROAD
    RAMANAGARA,
    HAGARIBOMMANAHALLI,
    VIJAYANAGARA-583 212
    REG.NO.18M2264.

3.   SRI.D.SATWIK
     S/O D.KRISHNA
     AGED 23 YEARS
     R/A G2, SHIVALAYA APARTMENTS,
     4TH CROSS, BASAVESHWARA LAYOUT,
     BANGALORE-560 094
     REG NO.18M2452.

4.   SYED QUAID IMRAN
     S/O SYED RASHID ALI
     AGED 25 YEARS
                              26


   R/A H-NO.8-32, NEAR OLD TMC
   OFFICE MAIN ROAD, CHITGUPPA
   DIST BIDAR-585 412
   REG NO.17M4614.


                                             ...PETITIONERS

(BY SRI.PRATEEK CHANDRAMOULI, ADVOCATE)

AND:

       RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
       BY ITS REGISTRAR (EVALUATION)
       4TH T BLOCK EAST, PATTABHIRAMA NAGAR
       JAYANAGAR, BENGALURU- 560041


                                              ...RESPONDENT

(BY SRI.SACHIN B S, ADVOCATE)

       THIS WP IS FILED PRAYING TO QUASH THE VALUATION OF
THE PRACTICAL ANSWER BOOKLET IN THE SUBJECT MEDICINE IN
RESPECT OF THE P-1, 2 AND 3, OF THE EXAMINATIONS OF
FEBRUARY 2023, VIDE ANNX-A, A1 AND A2, AS IT IS ARBITRARY
AND INN VIOLATION OF THE JUDGMENTS OF THIS HONBLE HIGH
COURT AND ETC.,


       THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR
ORDERS ON 14.06.2023 COMING ON FOR PRONOUNCEMENT OF
ORDER THIS DAY, THE COURT MADE THE FOLLOWING:
                                      27



                               ORDER

The captioned writ petitions are filed by the students

feeling aggrieved by the evaluation of practical examination

made by the respondent-University.

2. The grievance of the petitioners herein is that they

were declared unsuccessful in the practical examination

conducted in the month of February, 2023. The petitioners

claim that in terms of Regulation 13(2) of the Graduate

Medical Education Regulations, 1997, four examiners must

independently award marks and use their independent

judgment and discretion to evaluate the students. The

petitioners have also placed reliance on the judgment

rendered in W.P.No.22474/2022, wherein the co-ordinate

Bench in identical situation directed the respondents to re-

conduct practical exams.           Reliance is also placed on the

judgment        rendered      by          the    Division      Bench     in

W.A.No.615/2020.

3. The petitioners while questioning the manner in

which evaluation is done, have contended in the captioned

petitions that respondents have not conducted practical exams

in a fair manner adhering to the regulations. Placing reliance

on the photocopies of the answer sheets, petitioners claim that

respondent-University has conspicuously omitted the column

for remarks. The cause of action to approach this Court is on

the ground that practical exams are conducted arbitrarily and

in a very unfair manner which is found to be prejudicial to the

interest of the petitioners herein and other medicine students.

4. Learned Senior Counsel reiterating the grounds

urged in the writ petitions would vehemently argue and

contend that all the four examiners are under bounden duty to

make independent assessment and thereafter to enter their

respective marks in the answer booklet. Referring to the

answer sheets, he would point out that the practical answer

book which is now claimed to have been withdrawn by the

respondent-University and the one newly introduced is found

to be almost similar except the remarks which was earlier

existing is removed, but the requisite condition that each of

the examiner has to make an independent assessment of the

students and has to assign marks is not dispensed under the

new practical answer book. To substantiate the said

contention, learned Senior Counsel has taken to the practical

answer book produced by the University themselves which is

evident from Annexure-R6. On these set of grounds, he would

request this Court to issue necessary directions to the

respondent-University to re-conduct practical exams strictly

adhering to the guidelines issued by the then Medical Council

of India (MCI) which is at present National Medical

Commission (NMC).

5. Per contra, learned counsel appearing for the

respondent-University reiterating the defence set up in the

statement of objections would advance his arguments in two

folds. Firstly, he would question the very maintainability of

the writ petitions. He would contend that the petitioners are

found to be selective as they have not chosen to question the

assessment done in respect of those subjects where

petitioners have cleared the exams. Therefore, he would

contend that the writ petitions are not maintainable. He would

contend that the petitioners were very well conversant with

the Rules and the methodology that would be adopted by the

respondent-University and cannot selectively question the

process of conducting examinations only in respect of practical

exams on the ground that examiners have not independently

assessed and assigned marks. He has also raised objection on

the ground that NMC is a necessary party and therefore, there

is a deliberate intent on the part of the petitioners in not

impleading NMC. Even on this count, he would point out that

the present writ petitions are not maintainable.

6. Referring to the statement of objections, learned

counsel appearing for the respondents have placed reliance on

the following judgments:

1) Mr. Ramegowda Y. vs. The Registrar (Evaluation), Rajiv Gandhi University of Health Sciences & Others - W.P.No.9758/2020;

2) Rajiv Gandhi University of Health Sciences vs. Mr. Ramegowda Y. & Others - W.A.No.615/2020;

3) Sri Pradeep Sihag vs. Rajiv Gandhi University, By its Vice Chancellor & Others - W.P.No.15924/2021 & connected cases;

4) Sri Abhilash V.J. vs. Rajiv Gandhi University of Health Sciences - W.P.No.21063/2022 and connected cases;

5) NTR University of Health Sciences vs. Dr.Yerra Trinadh & Others - AIR 2022 SC 5523;

6) Desmond Dominic Rego vs. Rajiv Gandhi University of Health Sciences, Bangalore - AIR 1999 Kar 203;

7) Shreem Mittal vs. Central Board of Secondary Education - W.P.(C) No.7183/2020;

8) Mr. Dasari Chakradhar S/o Mr. D.G.S.V.Trinadha vs. The Registrar (Evaluation) Rajiv Gandhi University of Health Sciences, Jayanagar, Bengaluru - 2022 Supreme (Kar) 64;

9) Dr. B.R. Ambedkar University, Agra vs. Devarsh Nath Gupta & Ors. - Civil Appeal No.1141/2023;

10) Rajesh Kumar Verma vs. High Court of Delhi through Registrar General - Writ Petition (Civil) No.207/2013;

11) Central Board of Secondary Education and Another vs. Aditya Bandopadhyay and Others - AIR 2011 SCW 4888;

12) Bihar Public Service Commission vs. Saiyed Hussain Abbas Rizwi & Another - 2012 0 Supreme (SC) 910.

7. The short question that arises for consideration is,

as to whether the answer booklet relating to practical

examination meets the requirement set down by the MCI

regulations on medical education. The question that also

arises for consideration is, whether four examiners are

required to assign independent marks in their respective

columns or can assign total marks. The said issue is given a

quietus by the co-ordinate Bench judgment rendered in

W.P.No.9758/2020. This Court while addressing an identical

issue was not inclined to accept the contention raised by the

respondent-University. This Court held that the practical

exams conducted by the respondent-University should apply

MCI regulations which prescribes a set of four examiners. The

co-ordinate Bench placing reliance on the

regulations/notifications issued by the Apex body held that

regulations are mandatory in nature and their violation

renders the practical examination and consequent answer

booklet invalid. The said judgment rendered by co-ordinate

Bench is confirmed by Division Bench in W.A.No.615/2020.

Similar view is taken by the co-ordinate Bench in batch of writ

petitions. The said judgment is also placed on record by the

learned counsel appearing for the respondent-University.

Therefore, now it is a settled principle of law that MCI which is

now known as NMC has prescribed a set of four examiners for

theory and practicals. It goes without saying that every

examiner has to independently assess and assign marks which

is lacking in the present batch of petitions. Therefore, it is

unfortunate that respondent-University and examiners in

gross violation of the findings recorded by co-ordinate Bench

are again repeating the same mistakes.

8. The contention of learned counsel appearing for the

respondent-University that there is no need for every

examiner to assign individual marks in the column in view of

withdrawal of the Circular dated 20.06.2022 is found to be

totally misconceived. The contention of respondent-University

that the Court has upheld withdrawal of Circular dated

20.10.2020 and therefore, there is no need for the examiners

to independently assign marks is also misconceived and is not

supported by any precedents.

9. The emergence and evaluation of concept of four

examiners was on account of arbitral assessment by the

examiners in theory as well as practical exams. The concept

of having four examiners gained attention in recent years as a

means to enhance accuracy, fairness and reliability of

assessments. One of the primary drivers behind the

emergence of concept of four examiners is the desire to

address subjectivity and bias inherent in single or dual

examiner assessment. Recognizing the trend and also based

on statistics, the MCI has come out with an Ordinance

pressing for four examiners for practical and theory. This was

brought into force to get over the issue of individual

evaluators indulging in personal bias. Therefore, the concept

of four examiners was introduced to explore more diverse

viewpoints to minimize the impact of these biases. The

inclusion of four examiners brings about a collective decision-

making process, reducing the influence of individual prejudices

and enhancing the overall fairness of practical and theory

examinations.

10. In practical examinations also, the MCI thought of

having four examiners so as to evaluate students the real

world skills and competencies. The Apex body was also of the

view that single or dual examiner assessment may not capture

the full spectrum of a student's performance. By involving

four examiners with diverse expertise, a more comprehensive

evaluation was sought to be achieved. Each examiner brings

his unique knowledge and experience, allowing for a broader

assessment that encompasses different dimensions of practical

proficiency. By having four examiners, the Apex body thought

that the students abilities are thoroughly evaluated and

recognized.

11. The concept of four examiners fosters collaboration

among professionals in the field. The inclusion of multiple

experts in the evaluation process encourages the exchange of

ideas, methodologies, and best practices. The collaboration

stimulates professional growth and development among the

examiners themselves, as they learn from one another and

gain insights into different approaches to practical

assessments. This continuous improvement contributes to the

evolution and refinement of the concept itself.

12. On meticulous examination of the mark sheet of

practicals in all these batch of petitions, this Court has noticed

a very disturbed trend, more particularly, the manner in which

the respondent-University is conducting theory and practical

exams without adhering to the standards prescribed by the

MCI which is the Apex body. The instructions to the

examiners appointed for the conduction of practicals/clinical

and the directions issued by this Court are blatantly violated

by the respondent-University. If the guidelines of the Apex

body clearly prescribes four set of examiners, then the

respondent-University and its examiners have to follow the

directions with all vigor and spirit. The examiners appointed

for the conduct of practical exams have to ensure that marks

are awarded in the answer scripts and the marks have to be

entered in the freeze sheet and answer scripts in the column

provided. Each of the examiner has to assign marks

independently which clearly gives an indication that each

examiner has evaluated the performance from their own

perspective, highlighting different strengths and areas for

improvement. This multidimensional feedback enables

students to gain a more holistic understanding of their

performance, allowing them to identify their strengths and

work on any weaknesses effectively. If each of the examiner

assigns independent marks, this increases reliability as well as

confidence in the assessment outcomes and ensures that

students performances are accurately represented.

13. In W.P.No.8655/2023, the examiners have not

even assigned marks and a dash mark (-) is used. The very

purpose for which four examiners are prescribed and its

objects are blatantly violated by the examiners and even by

the respondent-University. Though the respondent-University

claims that Circular dated 20.10.2020 which mandates

examiners to award independent marks and also marks for

short case and long case is withdrawn, the withdrawal of the

Circular dated 20.10.2020 is of no consequence and will not

come to the aid of the respondent-University.

14. The Indian Medical Council Act which is found to be

relatable to Entry 66 of List I admittedly prevails over any

State enactment regulations framed by the Apex body with

previous sanction of the Central Government are statutory.

These regulations are framed to carry out the purposes of

Apex body i.e., MCI Act now known as NMC. Therefore, the

Universities and examiners are bound by the regulations and

theory and practical exams are to be conducted by the

University in strict adherence to these regulations. Therefore,

the writ petitions are bound to succeed and the practical

exams conducted by the respondent-University not being

strictly in consonance with the procedure prescribed by the

MCI, interference is warranted at the hands of this Court.

15. For the foregoing reasons, I pass the following:

ORDER

(i) The writ petitions are allowed;

(ii) The marks awarded to the petitioners in the practical exam vide 'Practical Answer Booklet' issued by the respondent-University is declared as null and void and is hereby quashed;

(iii) The respondent-University is hereby directed to re-conduct practical/clinical exam in respect of daughter of the petitioner in

W.P.No.7019/2023 and in respect of other petitioners in terms of Regulation 13 of the Graduate Medical Education Regulations, 1997, notified by the Medical Council of India irrespective of ensuing supplementary exams.

(iv) The respondent-University is also directed to fix the schedule for practical exams before the ensuing supplementary exams;

(v) It is needless to say that, in the event, the petitioners succeed in the practical exams, results relating to theory appear has to be announced afresh before the ensuing supplementary exams;

(vi) The pending interlocutory application, if any, does not survive for consideration and stands disposed of.

Sd/-

JUDGE

CA