Karnataka High Court
Rajiv Gandhi University Of Health ... vs Sri Shamanth H S on 23 May, 2023
Bench: Chief Justice, M.G.S. Kamal
-1-
WA Nos.542/2023, 539/2023,
541/2023, 544/2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MAY, 2023
PRESENT
THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 542 OF 2023 (EDN-RES),
WRIT APPEAL NO. 539 OF 2023 (EDN-RES),
WRIT APPEAL NO. 541 OF 2023 (EDN-RES) &
WRIT APPEAL NO. 544 OF 2023 (EDN-RES)
W.A.NO.542/2023
BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
BY ITS REGISTRAR (EVALUATION)
4TH 'T' BLOCK, JAYANAGAR
Digitally signed by
VASANTHAKUMARY BENGALURU-560041
BK
Location: HIGH ...APPELLANT
COURT OF
KARNATAKA
(BY SRI SACHIN B S, ADVOCATE)
AND:
1. SRI SHAMANTH H S
S/O SHASHIKANTH H M
AGED ABOUT 24 YEARS
R/AT NO.28/24
GIRMOJI RAOS COMPOUND
-2-
WA Nos.542/2023, 539/2023,
541/2023, 544/2023
TAILOR STREET, COWLBAZAR
BELLARY-583102
REG NO.18M2392
2. SRI SHRIKANTH G S
S/O SHASHIDHARA G H
AGED ABOUT 24 YEARS
R/AT GARJE OUTPOST
KADUR TALUK
CHICKMAGALURU DISTRICT-577140
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
CHICKAMAGALURU-577548
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-577005
REG NO.18M2396
R-1 TO 4 ARE STUDENTS OF
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SAGAR ROAD, MISSION COMPOUND
SHIVAMOGGA
KARNATAKA-577201
-3-
WA Nos.542/2023, 539/2023,
541/2023, 544/2023
5. KUM. NIKITHA GOWDA
D/O ESWAR N B
TURUVEKARE
AGED ABOUT 23 YEARS
MAYASANDRA ROAD
OPP. JUNIOR COLLEGE
TUMKUR-572227
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-563101
REG NO.18M1898
7. KUM. AISHWARYA
D/O RAMANGOUDA
AGED ABOUT 23 YEARS
R/AT VENAKATRAO COLONY
WARD NO. 8, SINDHANUR
RAICHUR-584128
REG NO.18M1826
8. SRI NIKHIL CHALLAGUNDLA
S/O CHALLAGUNDLA S
AGED ABOUT 22 YEARS
R/AT NO.28
LANDSTAR PINNACLE
HIRANDAHALLI
BENGALURU-560049
REG NO.18M1958
-4-
WA Nos.542/2023, 539/2023,
541/2023, 544/2023
9. KUM. ANUSHA CHINWAL
D/O ARUN
AGED ABOUT 23 YEARS
R/AT PLOT NO. 40/41
NRUPATHUNGA PARK
SHAKTI COLONY
HUBLI, DHARWAD
KARNATAKA-580032
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
R-5 TO 10 ARE STUDENTS OF
EAST POINT COLLEGE OF
MEDICAL SCIENCES
JNANA PRABHA
EAST POINT CAMPUS
VIRGO NAGAR POST
AVALAHALLI, BENGALURU
KARNATAKA-560049
...RESPONDENTS
(BY SMT. VIDYASHREE K S & SRI PRATEEK CHANDRAMOULI,
ADVOCATES FOR C/R-1 TO 10)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 21.04.2023 PASSED IN W.P.NO.8655/2023 BY
THE LEARNED SINGLE JUDGE AND ETC.
-5-
WA Nos.542/2023, 539/2023,
541/2023, 544/2023
W.A.NO. 539/2023
BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH 'T' BLOCK, JAYANAGAR
BENGALURU-560041
REPRESENTED BY ITS
VICE CHANCELLOR
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNVERSITY OF
HEALTH SCIENCES
4TH BLOCK, JAYANAGAR
BENGALURU-560041
...APPELLANTS
(BY SRI SACHIN B S, ADVOCATE)
AND:
1. MR. GADIRAJU NAGA NAVYA
D/O GADIRAJU NARAYANA RAJU
AGED ABOUT 21 YEARS
UNI. REG. NO.18M0703
R/O IMPERIAL NAVKIS APARTMENT-601
6TH MAIN ROAD, H.S.R. NAGAR
MATHIKERE
BENGALURU-560054
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, ADVOCATE)
-6-
WA Nos.542/2023, 539/2023,
541/2023, 544/2023
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 21.04.2023 PASSED IN W.P.NO.8381/2023 BY
THE LEARNED SINGLE JUDGE AND ETC.
W.A.NO. 541/2023
BETWEEN:
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)
...APPELLANTS
(BY SRI SACHIN B S, ADVOCATE)
AND:
1. HARSHITHA K
D/O KRISHNA REDDY
AGED 24 YEARS
1ST BLOCK
SHANTHINAGARA CHELUR
CHIKKABALLAPUR-563124
REG NO. 17 M 4281
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WA Nos.542/2023, 539/2023,
541/2023, 544/2023
2. MANUSHREE N
D/O N NARASINHAMURTHY
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
BENGALURU-560025
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
SHIVAMOGGA-577201
REG NO.18 M 2489
6. AMITH M R
S/O RAMAPPA
AGED 23 YEARS
NO 6, 4TH CROSS
-8-
WA Nos.542/2023, 539/2023,
541/2023, 544/2023
KENCHAPPA LAYOUT
SHIVAMOGGA-577204
REG NO.18 M 2436
7. SHYLENDRA KUMAR U K
S/O KRISHNAMURTHY H R
AGED 23 YEARS
2ND MAIN, 2ND CROSS
GANDHINAGAR
TIPTUR-572201
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
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WA Nos.542/2023, 539/2023,
541/2023, 544/2023
11. SUBBAIAH INSTITUTE OF
MEDICAL SCIENCES
NH 1, HH ROAD. PURLE
SHIVAMOGGA-577222
REPRESENTED BY ITS DEAN
...RESPONDENTS
(BY SRI N K REMESH, ADVOCATE FOR R-1 TO 10)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 21.04.2023 PASSED IN W.P.NO.8837/2023 BY
THE LEARNED SINGLE JUDGE AND ETC.
W.A.NO. 544/2023
BETWEEN:
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
4TH BLOCK JAYANAGAR
BENGALURU-560041
...APPELLANTS
(BY SRI SACHIN B S, ADVOCATE)
- 10 -
WA Nos.542/2023, 539/2023,
541/2023, 544/2023
AND:
1. MS. PRIYANKA P K
D/O DR. PRABHAKAR K
AGED ABOUT 22 YEARS
R/AT NO.127/13
P C EXTENSION
4TH MAIN ROAD
4TH CROSS
KOLAR-563102
2. BANGALORE MEDICAL COLLEGE
AND RESEARCH INSTITUTE
FORT, K R ROAD
BANGALORE-560002
REPRESENTED BY ITS
PRINCIPAL
...RESPONDENTS
(BY SRI PARASHURAM AJJAMPUR LAKSHMAN, ADVOCATE
FOR C/R-1)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 21.04.2023 PASSED IN W.P.NO.7577/2023 BY
THE LEARNED SINGLE JUDGE AND ETC.
THESE WRIT APPEALS COMING ON FOR PRELIMINARY
HEARING/ORDERS THIS DAY, CHIEF JUSTICE DELIVERED
THE FOLLOWING:
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WA Nos.542/2023, 539/2023,
541/2023, 544/2023
JUDGMENT
1. Heard the learned counsel for the parties at length.
2. In these appeals, the main thrust of the submission of the
learned counsel for the appellants is that the learned Single Judge
has failed to assign any reason for passing the interim order dated
21.04.2023 which is in the nature of final relief whereby, the
University was directed to conduct fresh practical examination in
the relevant subjects in question.
3. In support of his submission, the learned counsel for the
appellants has placed heavy reliance on the judgments of the
Hon'ble Apex Court in the case of SECRETARY, UPSC AND
ANOTHER vs S. KRISHNA CHAITANYA1 and NTR UNIVERSITY
OF HEALTH SCIENCES vs DR. YERRA TRINADH AND
OTHERS2.
4. The learned counsel for the appellants submits in the writ
petitions, notices were issued to the respondents and he was
directed to take notice on behalf of the University. He submits that
2011(8) Supreme 148
2022 SC 1119
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WA Nos.542/2023, 539/2023,
541/2023, 544/2023
till 21.04.2023, the appellants have not filed any reply/response
and as such, the learned Single Judge had no occasion to assess
the counter submissions of the University. He submits that certain
circulars were issued in the backdrop of Covid-19 pandemic and
some measures were also suggested, however, the same were
withdrawn. His further submission is that the writ petitions should
have been heard in detail and grant of interim order at the
preliminary stage itself by directing the University to conduct fresh
practical examination has caused serious prejudice to the
University as the entire process would be disturbed. It is also his
submission that the students are challenging valuation of the
practical examination in respect of the subjects in which they are
declared as 'failed'. He further submits that the examinations were
conducted by following a typical method in terms of the circulars
and the respondents were declared as 'pass' in other subjects. He,
therefore, submits that the respondents should not have adopted
'blow hot, blow cold' approach at the same time.
5. The learned counsel for the respondents -students
vehemently submits that the students have made out their case by
making appropriate final prayers and interim prayers and as there
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WA Nos.542/2023, 539/2023,
541/2023, 544/2023
was a pressing urgency, the learned Single Judge has passed the
interim order dated 21.04.2023, though there was no specific
observation that the students have made out a case for grant of
interim order.
6. We have perused the interim order dated 21.04.2023 passed
by the learned Single Judge in the writ petitions whereby, a
direction was issued to the University to conduct fresh practical
examination. No specific reasons are assigned by the learned
Single Judge which prompted him to pass the said interim order by
treating the case of the students as a peculiar or special case.
There is also considerable force in the submission of the learned
counsel for the appellants that the petitions required hearing in
detail in view of the various circulars issued as well as in view of
the judgments of the Hon'ble Apex Court.
7. Considering the abovesaid facts and also the fact that the
respondents who are the medical students will be having anxiety
about their future academics including internship, we are of the
opinion that interest of justice would be served if the writ petitions
are decided finally.
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WA Nos.542/2023, 539/2023,
541/2023, 544/2023
8. Accordingly, we request the learned Single Judge to decide
the writ petitions as expeditiously as possible and preferably, within
three weeks from 24.05.2023. If the University is desirous of filing
reply/statement of objections to the writ petitions, the same shall be
filed as expeditiously as possible and not later than one week from
today.
9. The interim order dated 21.04.2023 passed by the learned
Single Judge is stayed till the final disposal of the writ petitions.
10. With the above observations, the writ appeals are disposed
of.
11. In view of disposal of the writ appeals, the pending
interlocutory applications do not survive for consideration and are
accordingly disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
BKV
