Karnataka High Court
Smriti N vs Rajiv Gandhi University Of Health ... on 18 April, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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WP No. 13375 of 2023
C/W WP No. 14602 of 2023
WP No. 14605 of 2023
WP No. 16745 of 2023
WP No. 16995 of 2023
WP No. 17047 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
WRIT PETITION NO. 13375 OF 2023 (EDN-RES)
C/W
WRIT PETITION NO. 14602 OF 2023
WRIT PETITION NO. 14605 OF 2023
WRIT PETITION NO. 16745 OF 2023
WRIT PETITION NO. 16995 OF 2023
WRIT PETITION NO. 17047 OF 2023
IN W.P.No.13375/2023:
BETWEEN:
1. MR. ANEESH. S.M,
S/O MR P.R. SRINIVASA,
AGED ABOUT 20 YEARS,
R/A NO.56, SAPTHAGIRI
SATYANARAYANA LAYOUT
2ND STAGE JC NAGAR, Vide Court Order dt.25.01.2024
CHANDRASHEKAR
LAXMAN
KATTIMANI
MAHALAKSHMIPURAM, W.P. insofar as petitioner no.1 is
BENGALURU - 560 086. dismissed as withdrawn.
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH
2. MS. AARUSHI SHARMA,
COURT OF
KARNATAKA
DHARWAD BENCH
D/O AJAY KUMAR SHARMA,
AGED ABOUT 21 YEARS,
R/A A-11/303, FLORIDA ESTATE,
KESHAV NAGAR, MUNDHWA,
PUNE - 411 036.
3. MS. AARYA MANSUKHANI,
D/O NARESH MANSUKHANI,
AGED ABOUT 20 YEARS,
B-39 3RD FLOOR JUNGPURA EX
JUNPUR S.O., SOUTH DELHI,
DELHI - 110 014.
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4. MS. AISHWARYA PATIL,
D/O SIDDALINGAPPA PATIL,
AGED ABOUT 21 YEARS,
1-11-118/3/7-B,
OPP. LITTLE ANGEL SCHOOL,
RAICHUR - 584 101.
5. MR. MALLAREDDY PATIL,
S/O BHEEMARAYA GOUDA,
AGED ABOUT 23 YEARS,
KHB COLONY,
VENKATESHWARA NAGAR,
OPP TO LIC OFFICE,
YADGIR - 585 201.
6. MR. VARUN KUMAR M.,
S/O CHINNA MARENNA M.,
AGED ABOUT 22 YEARS,
NO.28, 3RD CROSS EAST,
VIDYA NAGAR, BELLARY - 583 104.
...PETITIONERS
[BY SRI P.P. HEGDE, SR. COUNSEL FOR
SRI DEEKSHITH CHANDAN M.C., ADVOCATE]
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041,
REP. BY ITS VICE CHANCELLOR.
2. THE REGISTRAR,
RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES , 4TH 'T' BLOCK,
JAYANAGAR, BENGALURU - 560 041.
3. NATIONAL MEDICAL COMMISSION,
POCKET - 14, SECTOR 8,
DWARAKA PHASE - 1,
NEW DELHI - 110 077,
BY ITS SECRETARY.
4. SAPTHAGIRI INSTITUTE OF
MEDICAL SCIENCES
AND RESEARCH CENTRE,
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WP No. 16995 of 2023
WP No. 17047 of 2023
NO.15, HESARGHATTA ROAD,
NAVY LAYOUT, CHIKKABANAVARA,
BENGALURU - 560 090,
BY ITS DEAN / PRINCIPAL.
5. VYDEHI INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE, NO.82,
NALLURAHALLI MAIN ROAD,
NEAR BMTC, 18TH DEPOT, WHITEFIELD,
BENGALURU - 560 066,
BY ITS DEAN / PRINCIPAL.
6. NAVODAYA MEDICAL COLLEGE HOSPITAL
AND RESEARCH CENTRE,
MANTRALAYAM ROAD,
NOVADAYA NAGAR,
RAICHUR - 584 103,
BY ITS DEAN / PRINCIPAL.
...RESPONDENTS
[BY SRI SACHIN B.S., ADVOCATE FOR R1 & R2;
SRI N. KETTY, ADVOCATE FOR R3;
SRI RAVISHANKAR S.S., ADVOCATE FOR R4;
SRI V.N. KUMAR, ADVOCATE FOR R5; R6 - SERVED]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTION IN
THE NATURE OF MANDAMUS TO THE RESPONDENT TO SEND THE
ANSWER SCRIPTS TO THE THIRD VALUATOR FOR REVALUATION AND
ANNOUNCE THE RESULTS BY CONSIDERING THE AVERAGE OF BEST
OF TWO MARKS AS AWARDED BY THE THREE EXAMINERS IN VIEW
OF THE JUDGMENTS OF THIS HON'BLE COURT IN
W.P.NO.200852/2019 PRODUCED AS ANNEXURE-F AND IN
W.P.NO.7774/2022 PRODUCED AS ANNEXURE-G.
IN W.P.No.14602/2023:
BETWEEN:
VINDHYA BHAT,
AGED 23 YEARS,
D/O THRIVIKRAMA BHAT,
R/AT NO.68, LAKSHMITHIRTHA NODSAL,
PADUBIDRI, UDUPI.
...PETITIONER
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WP No. 16995 of 2023
WP No. 17047 of 2023
[BY SRI P.P. HEGDE, SR. COUNSEL FOR
SMT. VINITHA P.C., ADVOCATE]
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK EAST, PATTABHIRAMA NAGAR,
JAYANAGAR, BENGALURU - 560 041,
REP. BY ITS VICE CHANCELLOR.
2. REGISTRAR EVALUATION,
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES ,
4TH 'T' BLOCK EAST, PATTABHIRAMA NAGAR,
JAYANAGAR, BENGALURU - 560 041.
3. SRINIVAS INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH CENRE,
MUKKA, SURATHKAL,
SURATHKARL - 2474884.
REP. BY ITS PRINCIPAL.
4. CHIEF SUPERINTENDENT,
RAJIV GANDHI SCIENCES EXAMINATION,
THE INSTITUTE OF MEDICAL SCIENCES,
MUKKA, MANGALORE - 574 146.
5. NATIONAL MEDICAL COMMISSION,
POCKET - 14, SECTOR 8,
DWARAKA PHASE - 1 R5 IS DELETED AS PER
NEW DELHI - 110 077, COURT ORDER DTD: 25.01.2024
BY ITS SECRETARY.
...RESPONDENTS
[BY SRI GIRISH KUMAR R., ADVOCATE FOR R1, R2 & R4;
R3 - SERVED; R5 DELETED AS PER C/O DTD: 25.01.2024]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2
UNIVERSITY TO REEVALUATE THE ANSWER SHEET AT ANNX-J
PHARMACOLOGY TP I AND ANNX-K PHARMACOLOGY TP II OF
PETITIONER OF MBBS (RS4) EXAMINATION CONDUCTED DURING
MAY 2022 AND ANNOUNCED THE RESULT WITHIN A SPECIFIED
PERIOD AND TO QUASH ANNX-S THE IMPUGNED
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WP No. 13375 of 2023
C/W WP No. 14602 of 2023
WP No. 14605 of 2023
WP No. 16745 of 2023
WP No. 16995 of 2023
WP No. 17047 of 2023
ORDINANCE/NOTIFICATION GOVERNING ASSESSMENT PROGRAM
FOR THEORY PAPER ASSESSMENT OF ALL UNDER GRADUATE
HEALTH SCIENCE COURSES OF UNIVERSITY DATED 05.09.2022
WITH A BEARING NUMBER RGU/AUTH/24TH CON/SYND/04/2022-
2023 PASSED BY THE 2ND RESPONDENT AND ETC.
IN W.P.No.14605/2023:
BETWEEN:
SMRITI N.,
AGED 23 YEARS,
D/O NATARAJ K.S.,
R/AT NO.64/1, IVRI ROAD, BEHIND CRPF,
YELAHANKA, BANGLAORE - 560 064.
...PETITIONER
[BY SRI P.P. HEGDE, SR. COUNSEL FOR
SMT. VINITHA P.C., ADVOCATE]
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK EAST, PATTABHIRAMA NAGAR,
JAYANAGAR, BENGALURU - 560 041,
REP. BY ITS VICE CHANCELLOR.
2. REGISTRAR EVALUATION,
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES ,
4TH 'T' BLOCK EAST, PATTABHIRAMA NAGAR,
JAYANAGAR, BENGALURU - 560 041.
3. SRINIVAS INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH CENRE,
MUKKA, SURATHKAL,
SURATHKARL - 2474884.
REP. BY ITS PRINCIPAL.
4. CHIEF SUPERINTENDENT,
RAJIV GANDHI SCIENCES EXAMINATION,
THE INSTITUTE OF MEDICAL SCIENCES,
MUKKA, MANGALORE - 574 146.
5. NATIONAL MEDICAL COMMISSION,
POCKET - 14, SECTOR 8,
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DWARAKA PHASE - 1 R5 IS DELETED AS PER
NEW DELHI - 110 077, COURT ORDER DTD: 25.01.2024
BY ITS SECRETARY.
...RESPONDENTS
[BY SRI GIRISH KUMAR R., ADVOCATE FOR R1, R2 & R4;
R3 - SERVED
R5 DELETED AS PER COURT ORDER DTD: 25.01.2024]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2
UNIVERSITY TO REEVALUATE THE ANSWER SHEET AT ANNX-J
PATHOLOGY TP I AND ANNX-K PATHOLOGY TP II OF PETITIONER OF
MBBS (RS4) EXAMINATION CONDUCTED DURING MAY 2022 AND
ANNOUNCED THE RESULT WITHIN A SPECIFIED PERIOD AND TO
QUASH ANNX-S THE IMPUGNED ORDINANCE/NOTIFICATION
GOVERNING ASSESSMENT PROGRAM FOR THEORY PAPER
ASSESSMENT OF ALL UNDER GRADUATE HEALTH SCIENCE COURSES
OF UNIVERSITY DATED 05.09.2022 WITH A BEARING NUMBER
RGU/AUTH/24TH CON/SYND/04/2022-2023 PASSED BY THE 2ND
RESPONDENT AND ETC.
IN W.P.No.16745/2023:
BETWEEN:
MS. POOJITHA J. ANGADI,
D/O JEETENDRA ANGADI,
AGED 20 YEARS,
RGUHS REG.NO.21M8366,
STUDYING AT G.R. MEDICAL COLLEGE,
HOSPITAL & RESEARCH CENTER,
PADU, VIA PADUMALE NEERUMARGA,
MANGALURU - 575 029.
...PETITIONER
[BY SRI NISHANTH A.V., ADVOCATE]
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041,
REP. BY ITS VICE CHANCELLOR.
2. THE REGISTRAR,
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES ,
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4TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041.
3. NATIONAL MEDICAL COMMISSION,
POCKET - 14, SECTOR 8,
DWARAKA PHASE - 1
NEW DELHI - 110 077,
BY ITS SECRETARY.
4. G.R. MEDICAL COLLEGE,
HOSPITAL & RESEARCH CENTER,
PADU, VIA PADUMALE NEERUMARGA,
MANGALURU - 575 029.
REP. BY ITS PRINCIPAL.
...RESPONDENTS
[BY SMT.FARAH FATHIMA, ADVOCATE FOR R1 & R2;
SRI N. KHETTY, ADVOCATE FOR R3; R4 - SERVED]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION IN THE
NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT,
SETTING ASIDE THE ORDINANCE/NOTIFICATION GOVERNING
CENTRAL ASSESSMENT PROGRAMME (CAP) FOR THEORY PAPER
ASSESSMENT OF ALL UNDER GRADUATE HEALTH SCIENCE COURSES
OF UNIVERSITY DATED 05.09.2022 WITH NO.RGU/AUTH/24TH
CON/SYND/04/2022-2023 PASSED BY THE 2ND RESPONDENT VIDE
ANNX-F AND ETC.
IN W.P.No.16995/2023:
BETWEEN:
MS. H.N. SHIVANI AGATHYA,
D/O H.K. NATESH,
AGE 20 YEARS,
RGUHS REG. NO.21M7520,
STUDYING AT
SAPTHAGIRI INSTITUTE OF MEDICAL
SCIENCES & RESEARCH CENTRE,
NO.15, HESARGHATTA ROAD,
NAVY LAYOUT, CHIKKASANDRA,
CHIKKABANAVARA,
BENGALURU - 560 090.
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...PETITIONER
[BY SRI NISHANTH A.V., ADVOCATE]
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041,
REP. BY ITS VICE CHANCELLOR.
2. THE REGISTRAR,
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES ,
4TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041.
3. NATIONAL MEDICAL COMMISSION,
POCKET - 14, SECTOR 8,
DWARAKA PHASE - 1
NEW DELHI - 110 077,
BY ITS SECRETARY.
4. SAPTHAGIRI INSTITUTE OF MEDICAL SCIENCES &
RESEARCH CENTER,
NO.15, HESARGHATTA ROAD,
NAVY LAYOUT, CHIKKASANDRA,
CHIKKABANAVARA, BENGALURU - 560 090.
REP. BY ITS PRINCIPAL.
...RESPONDENTS
[BY SRI SANTOSH S. NAGARALE, ADVOCATE FOR R1 & R2;
SRI N. KHETTY, ADVOCATE FOR R3; R4 - SERVED]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE
ORDINANCE/NOTIFICATION GOVERNING CENTRAL ASSESSMENT
PROGRAMME (CAP) FOR THEORY PAPER ASSESSMENT OF ALL UNDER
GRADUATE HEALTH SCIENCE COURSES OF UNIVERSITY DATED
05.09.2022 WITH NO.RGU/AUTH/24TH CON/SYND/04/2022-2023
PASSED BY THE 2ND RESPONDENT VIDE ANNX-F AND ETC.
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WP No. 14605 of 2023
WP No. 16745 of 2023
WP No. 16995 of 2023
WP No. 17047 of 2023
IN W.P.No.17047/2023:
BETWEEN:
1. MR. KUSH TRIPATHI, Vide Court Order dt.25.01.2024
S/O DR. PANKAJ TRIPATHI, W.P. insofar as petitioner no.1 is
AGED ABOUT 22 YEARS, Dismissed as withdrawn.
UNI. REG. NO.21M7131,
R/O FLAT NO.2, SRI BALAJI ENCLAVE,
MAITHRI LAYOUT, KADUGODI MAIN ROAD,
BEGALURU - 560 067.
2. MR. NARPAT KUMAR, Vide Court Order dt.25.01.2024
S/O BABU LAL, W.P. insofar as petitioner no.2 is
AGE 24 YEARS, Dismissed as withdrawn.
R/O BOYS HOSTEL,
SHRI ATAL BIHARI VAJPAYEE MEDICAL COLLEGE &
RESEARCH INSTITUTE,
NO.1, LADY CURZON ROAD, SHIVAJINAGAR,
BENGALURU - 560 001.
3. MR. VINITKUMAR,
S/O VISHWARADHYA,
AGE 21 YEARS,
R/O BOYS HOSTEL,
NAVODAYA MEDICAL COLLEGE HOSPTIAL &
RESEARCH CENTER,
MANTRALAYAM ROAD, NAVODAYA NAGAR,
RAICHUR - 584 103.
...PETITIONERS
[BY SRI ABHISHEK MALIPATIL, ADVOCATE]
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041,
REP. BY ITS VICE CHANCELLOR.
2. THE REGISTRAR,
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES ,
4TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041.
3. NATIONAL MEDICAL COMMISSION,
POCKET - 14, SECTOR 8,
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WP No. 14605 of 2023
WP No. 16745 of 2023
WP No. 16995 of 2023
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DWARAKA PHASE - 1,
NEW DELHI - 110 077,
BY ITS SECRETARY.
4. VYDEHI INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH,
NO.82, NALLURAHALLI MAIN ROAD,
WHITEFIELD, VIJAYANAGAR, NALLURHALLI,
BENGALURU - 560 066,
BY ITS DEAN / PRINCIPAL.
5. SHRI ATAL BIHARI VAJPAYEE MEDICAL COLLEGE AND
RESEARCH INSTITUTE,
NO.1, LADY CURZON ROAD, SHIVAJINAGAR,
BENGLARU - 560 001.
BY ITS DEAN / PRINCIPAL.
6. NAVODAYA MEDICAL COLLEGE HOSPITAL
AND RESEARCH CENTRE,
MANTRALAYAM ROAD,
NOVADAYA NAGAR,
RAICHUR - 584 103,
BY ITS DEAN / PRINCIPAL.
...RESPONDENTS
[BY SMT.FARAH FATHIMA, ADVOCATE FOR R1 & R2;
SRI N. KETTY, ADVOCATE FOR R3;
SRI V.N. KUMAR, ADVOCATE FOR R4; R5 AND R6 - SERVED]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDINANCE/NOTIFICATION GOVERNING CENTRAL
ASSESSMENT PROGRAMME (CAP) FOR THEORY PAPER ASSESSMENT
OF ALL UNDER GRADUATE HEALTH SCIENCE COURSES OF
UNIVERSITY DATED 05.09.2022 WITH NO.RGU/AUTH/24TH
CON/SYND/04/2022-2023 PASSED BY THE 2ND RESPONDENT VIDE
ANNX-F AND DIRECT THE RESPONDENT UNIVERSITY TO CONDUCT
FRESH VALUAITON OF THE FAILED SUBJECTS OF THE MMBS (RS4)
EXAMINATIONS OF FEBRUARY 2023 AND MAY 2023 UNDERTAKEN BY
THE PETITIONERS BY SUBJECTING THE ANSWER SCRIPTS TO TWO
VALUATIONS AND TO CONDUCT 3RD VALUATION ON THERE BEING A
DIFFERENCE OF 15 PERCENT MARKS BETWEEN THE EXAMINERS AND
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WP No. 16745 of 2023
WP No. 16995 of 2023
WP No. 17047 of 2023
TO ANNOUNCE THE RESULTS AFRESH WITHOUT ANY DELAY AND
ETC.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR
ORDERS ON 25.01.2024, THIS DAY, THE COURT, PRONOUNCED THE
FOLLOWING:
ORDER
All these writ petitions seek following common reliefs:
(i) Issue a writ or order or direction in the nature of
certiorari or any other appropriate writ, quashing
the impugned Ordinance/Notification Governing
Central Assessment Programme (CAP) for Theory
Paper Assessment of All Under Graduate Health
Science Courses of University dated 05/09/2022
bearing No.RGU/AUTH/24th Con/Synd/04/2022-23
passed by Respondent University vide Annexure-F;
(ii) Issue a writ or order or direction in the nature of
mandamus directing the Respondent University to
conduct fresh valuation of the failed subjects of the
MBBS (RS4) Examinations of April 2023 undertaken
by the petitioners by subjecting the answer scripts
to two valuations and to conduct 3rd valuation on
there being a difference of 15% marks between the
examiners; and to announce the results afresh
without any delay; and
(iii) Issue a writ or order or direction in the nature of
mandamus or any other direction declaring that the
petitioners be admitted for the academic year
2021-22 under the Medical Council of India -
Regulations on Graduate Medical Education
(Amended), 2019, cannot be precluded from
progressing to Phase II MBBS Course of study and
to continue the course of study along with the
respective regular batch regardless of the results of
the Phase I Examinations already undertaken by
the petitioners; subject to other provision of the
regulations and etc.
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(In W.P.no.14602/2023, prayer (iii) is omitted)
2. Sri P.P. Hegde, learned Senior Counsel appearing for
Smt.Vinitha P.C. and Sri Abhishek Malipatil, Sri Nishanth A.V.
and Sri Deekshith Chandan M.C., learned counsel for
petitioners, at outset submitted, in view of issuance of
notification dated 13.06.2023 promulgating Ordinance /
Notification Governing Central Assessment Programme
(CAP) for Theory Paper Assessment of All Under
Graduate Health Science Courses of University by way of
amendment with effect from 01.09.2022 ('Amended CAP-
2022' for short), prayer (iii) was not pressed.
3. It was submitted petitioners were admitted to MBBS
Course in different Medical Colleges affiliated to Rajiv Gandhi
University of Health Sciences (hereinafter 'RGUHS'), after
academic year 2019-2020 and presently studying in I-Phase
(RS4 Scheme). It was submitted, National Medical Commission,
('NMC' for short and earlier Medical Council of India i.e. 'MCI')
issued notification on 04.11.2019 promulgating Regulations
on Graduate Medical Education, 1997 ('GME' for short).
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4. It was submitted by notification dated 01.02.2021,
RGUHS had framed Ordinance Governing Central
Assessment Programme (CAP) for Theory Paper
Assessment of MBBS Course ('CAP-2021' for short) to
govern valuation and declaration of results of graduate MBBS
Examinations. Said Regulations provided for general valuation
by two examiners and deviation valuation by third examiner
and declaration of results on basis of average of total marks
awarded by two examiners in general valuation or average of
best two total marks awarded by three examiners, in case of
deviation valuation.
5. It was submitted, validity of CAP-2021 was questioned
before this Court in W.P.no.13626/2021 (Ms.Sahana
Kalasagond and Ors. v. Rajiv Gandhi University of Health
Sciences), and by order dated 07.10.2021, CAP-2021 was set-
aside on ground of non-application of mind and non-compliance
with Section 35 (3) of Rajiv Gandhi University of Health
Sciences Act, 1994 ('RGUHS Act' for short). In said order, this
Court issued specific directions that before framing new
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Regulations, RGUHS was to place them before Academic
Council and act according to its advice and until then RGUHS
was directed to follow Ordinance promulgated on 15.06.2012,
which was as follows:
"4. PROCEDURE FOR MULTIPLE VALUATION:
(i) All the answer-papers which are subjected for double
valuation, wherein the difference in award of marks
between TWO valuations is ≥ 15%, shall be referred
to THIRD examiner appointed by Vice-Chancellor chosen
from an approved panel.
(ii) All the answer-papers which are subjected for four
valuations, wherein the difference in award of marks
between FOUR valuations is ≥ 15%, shall be referred
to FIFTH examiner appointed by Vice-Chancellor chosen
from an approved panel.
(iii) The average of BEST OF TWO OUT OF THREE
VALUATION marks or the average of BEST OF FOUR OUT
OF FIVE VALUATION MARKS as the case may be shall be
considered for the final computation of the results.
(iv) The marks awarded and the results declared after
considering this notification shall be final and under no
circumstances further valuation shall be entertained."
6. It was submitted, though RGUHS placed subject-
matter of framing new Regulations governing conduct and
standards of examination before Academic Council Committee,
on 20.04.2022, it resolved to adopt procedure followed in
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neighbouring States, without discussion of pros and cons and
propriety of importing Regulations without examining
suitability. It was submitted, even when said matter was placed
before, Syndicate of RGUHS, it accepted proposal of Academic
Council without application of mind. Thus, regulations framed
by Maharastra University of Health Sciences were imported and
promulgated on 05.09.2022 as Ordinance/Notification
Governing Central Assessment Programme (CAP) for
Theory Paper Assessment of All Under Graduate Health
Science Courses of University with effect from 01.09.2022
('CAP-2022' for short). It was submitted, as per CAP-2022,
general valuation was to be by first eligible examiner of
respective faculty and revaluation by second eligible examiner
with highest total marks amongst two valuations being taken
for declaration of results.
7. But, CAP-2022, suffered from many irregularities and
illegalities. Firstly, it was issued without application of mind, as
it did not take note of directions issued by this Court in Sahana
Kalasagond's case (supra); secondly, unlike as contended
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validity of CAP-2022 was not tested nor upheld; thirdly,
valuation by only evaluators, unlike by 2 + 1 evaluators under
CAP-2021 would be illegal and minutes of Syndicate Meeting
held on 02.09.2022 and 05.09.2022, drawn on 07.09.2022
indicated taking decision to supply scientific information and
documents including information from University to various
authorities for preparation of new Ordinance, contrary to
records which showed mechanic adoption of regulations from
Maharastra University of Health Sciences. It was submitted,
impugned Regulations were contrary to directions issued by
Division Bench of this Court in Rajiv Gandhi University of
Health Sciences and Anr. v. Mr.Samarth S.S and Ors.
(W.A.no.1208/2022 & W.A.no.1214/2022, W.A.no.1215/2022
disposed of on 11.01.2023). It was submitted that impugned
Regulations do not indicate that directions issued in Sahana
Kalasagond's case (supra) were followed. Hence, same were
liable to be quashed.
8. Sri Abhishek Malipatil, learned counsel relying upon
decision of this Court in Dr.Prashanth P. Mannur and Ors. v.
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Rajiv Gandhi University of Health Sciences and Ors.
(W.P.nos.25680-682/2009 and connected matters disposed of
on 05.10.2009), submitted, it was necessary for University to
show that consultation of Academic Council was 'effective',
especially, in case of departure from earlier procedure. And
records it has to be established that all material based on which
such departure was proposed, were placed before Academic
Council for its consideration.
9. Even decisions in Sidanth Shenava v. Rajiv Gandhi
University of Health Sciences (W.P.no.7774/2022 disposed
of on 28.04.2022) and in Ms.Niharika S. v. Rajiv Gandhi
University of Health Sciences and Anr. (W.P.no.9166/2022
disposed of on 05.05.2022), were relied on for proposition that
there should be third valuation in case difference between
marks awarded by two evaluators was more than 15%. On
above grounds, learned counsel sought for allowing writ
petitions.
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10. On other hand, Sri B.S. Sachin and Smt.Farah
Fathima, learned counsel appearing for RGUHS, at outset
submitted, Regulation 7.7 of GME Regulations provided not
more than four attempts to a candidate for passing I-
Professional MBBS Examination. It was submitted, petitioners
no.4 to 6 namely Ms.Aishwarya Patil, Mr.Mallareddy Patil and
Mr.Varun Kumar M. in W.P.no.13375/2023 had already
exhausted four attempts, by failing in April 2023 Examinations.
Moreover, CAP-2022 was framed prior to April, 2023
Examinations and all candidates including petitioners had
appeared for said Examinations without demure and therefore
estopped from challenging validity of Regulations in pursuance
of which Examinations were held. It was submitted, petitioners
were failed students in April, 2023 Examination, which was a
small percentage of total number of students, who had
appeared for examinations and interference with Regulations at
this stage would lead to enormous confusion and consequence
hardship.
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11. Relying upon decision in Sri Venkatesh and Anr. v.
State of Karnataka (Revenue Department) and Ors.,
(W.P.no.11112/2021 disposed of on 21.07.2023), wherein it
has held even erroneous decision would operate as res-judicata
against subsequent challenge to drive home his contention that
this Court in S.S.Samarth's case (supra), had held that CAP-
2022 was promulgated after due deliberation by Academic
Council, with effect from 01.09.2022 and could not be applied
retrospectively.
12. It was submitted, decision in Sahana Kalasagond's
case (supra) was in rem and apply to all students.
Consequently, as held by High Court of Madras in Union of
India v. Satish Kumar Ranjan (W.P.no.239/2016 disposed of
on 21.09.2016), decision in rem would attract principle of res-
judicata.
13. It was submitted, impugned Regulations were framed
by expert academicians and would therefore be immune from
review by this Court, relying upon ratio in All Indian Council
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for Technical Education v. Surinder Kumar Dhawan &
Ors., reported in 2009 (11) SCC 726.
14. Reliance was also placed on decision in Moazam
Shah Khan and Ors. v. Vice-Chancellor, Rajiv Gandhi
University of Health Sciences and Ors., reported in ILR
2002 KAR 1146, to contend that Section 35 of RGUHS Act
requires consultation of Academic Council, not 'concurrence'.
15. Smt.Farah Fathima, learned counsel submitted that
prayers sought in present petitions were in respect of February
and May, 2023 Examinations, whereas subsequently,
petitioners had appeared in November, 2023 Examinations
without demure and had chosen to retain results of such
Examinations even when they were conducted by following
impugned Regulations. Therefore, petitions were liable to be
dismissed on ground of acquiescence and estoppel.
16. Narrating history of examination regulations framed
by RGUHS and litigation about them, she submitted present
Regulations were framed by following directions issued in
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Sahana Kalasagond's case (supra) and results of April, 2023
Examinations were announced in terms of method of evaluation
and computation of results, wherein petitioners have
passed/failed in some subjects. Since reliefs sought were only
in respect of failed subjects, petitioners were guilty of blowing
hot and cold in same breath. Hence, no interference was
warranted and sought dismissal of writ petitions.
17. Heard learned counsel and perused writ petition
record.
18. From above, it is seen that petitioners challenge
against CAP-2022 is mainly on ground of non-application of
mind by failing to adhere to directions issued in Sahana
Kalasagond's case (supra). It is also challenged on ground of
lack of effective consultation and proper consideration by
Academic Council insofar as need to depart from earlier
procedure, relying on ratio in Dr.Prashanth Mannur's case
(supra) and against withdrawal of right to seek challenge
evaluation being contrary to ratio in Sidanth Shenav and
Ms.Niharika's cases (supra).
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19. While respondents urge preliminary contention about
maintainability of writ petition on ground of acquiescence and
estoppel against all petitioners since petitioners appeared in
examinations held by following impugned Regulations, without
demure and choosing to retain benefit of results insofar as
subjects in which petitioners had passed and challenging results
only insofar as failed subjects. And insofar as petitioners no.4
to 6 in W.P.no.13375/2023 by contending that they had
already exhausted maximum of four attempts provided for
passing exams. It is also contended that this Court had
observed about framing of Regulations after due consultation in
S.S.Samarth's case (supra) and urging ground of res-judicata
in view of said observations, by relying upon ratio in
Venkatesh and Satish Kumar Ranjan's cases (supra).
20. It is also contended, framing of Regulations
governing conduct of exams and standards of education was by
experts in field was immune from judicial review by High Court,
relying upon ratio in Surinder Kumar Dhavan's case (supra)
and contending that consultation under Section 35 of RGUHS
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could not mean concurrence as held in Moazam Shah Khan's
case (supra). It is also contended, Regulations were framed by
following directions in Sahana Kalasagond's case (supra).
21. In view of above, following questions would require
consideration:
i. Whether writ petitions are liable for dismissal
on ground of acquiescence and estoppel or
due to exhaustion of maximum number of
attempts provided for passing exams?
ii. Whether Cap-2022 is liable to be quashed on
ground of non-application of mind or lack of
effective consultation and thereby in violation
of Section 35 of RGUHS Act?
iii. Whether withdrawal of right of challenge
valuation, by RGUHS calls for interference?
22. Insofar as preliminary objections about maintainability
of writ petition by petitioners no.4 to 6 in W.P.no.13375/2023,
perusal of their examination history sheets produced as
Annexures-R1 to R3 respectively, would reveal that their
appearance in April, 2023 Examination was by availing fourth
attempt. Since petitioners are questioning very basis on which
April, 2023 Examinations were conducted, and are seeking for
challenge valuation etc. present petition would not be barred.
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23. Insofar as acquiescence and estoppel, admittedly
impugned Regulations namely CAP-2022 was brought into force
by notification dated 05.09.2022. Therefore, February and
April, 2023 Examinations conducted by RGUHS were by
following said Regulations. It is not in dispute that petitioners
appeared in said Examinations unconditionally.
24. Hon'ble Supreme Court in Om Prakash Shukla v.
Akhilesh Kumar Shukla reported in 1986 Supp. SCC 285,
has held principles of estoppel would apply even to students
who appear for Examinations conducted as per
Rules/Regulations formulated prior to date of commencement
of Exams. Said ratio is reiterated/followed in case of
tests/written exams conducted for selection for employment, in
Madras Institute of Development Studies v. K.
Sivasubramaniyan reported in (2016) 1 SCC 454; Ashok
Kumar v. State of Bihar reported in (2017) 4 SCC 357; and
Taniya Malik v. High Court of Delhi, reported in (2018) 14
SCC 129 etc.
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25. Indisputably, in prayer (ii), petitioners are seeking for
fresh valuation in subjects they were declared failed in April,
2023 Examinations by subjecting answer scripts to two
valuations and to conduct third valuation if difference is more
than 15% marks between two examiners and to announce
results. It is not in dispute that said contentions are urged only
after appearing for Examinations without demur and restricting
relief only in respect of failed subjects; while retaining benefit
in respect of passed subjects, which would be blowing hot and
cold in same breath and impermissible.
26. In Prashant Mannur's (supra) case, prayer for
providing deviation valuation along with challenge of Ordinance
dated 09.02.2009, framed by RGUHS was considered. Main
contention was lack of effective consultation/consideration by
Academic Council. Learned Single Judge, upheld contentions,
after finding lack of material to show Academic Council had
appraised itself of existing position and need for change in
method. It was observed, University cannot go on changing
method without applying its mind i.e. without examining ills,
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evil and other negative aspects in existing system and device
changeover having vision for future, taking note of drastic
consequences that ensue. Earlier decision in Moazam Shah
Khan's case (supra) was also noted.
27. In instant case, CAP-2021 framed by RGUHS was set
aside by this Court in Sahana Kalasagond's case (supra). In
S.S.Samarth's case (supra), Division Bench of this Court, while
considering legality of order passed by learned Single Judge in
W.P.no.16352/2022 and connected matters seeking for
direction to RGUHS to apply CAP-2022 even to May, 2022
Examinations for RS-4 Scheme students, took note of
stipulation in notification that CAP-2022 would apply with effect
from 01.09.2022 and order passed by another Single Judge in
W.P.no.14605/2022 (Sahana Shivanagouda Marigoudar v.
RGUHS and Anr., disposed of on 06.09.2022), allowed appeal
and dismissed writ petitions.
28. Further, neither in Sidanth Shenava nor in
Niharika's cases (supra) there was independent examination
of right to seek deviation valuation. Directions issued therein
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were in view of legal position entailing upon decision in Sahana
Kalasagond's case (supra), RGUHS was directed to follow
15.06.2012 Ordinance for valuation, challenge valuation and
declaration of results.
29. In W.P.no.11688/2023 (V.Vamshi Krishna v.
RGUHS and Anr., disposed of on 13.10.2023), learned Single
Judge of this Court examined specific challenge against CAP-
2022, by students who had appeared in May, 2022 MBBS
Examinations and prayer for providing challenge valuation in
case of difference of marks awarded between two evaluators
was more than 15%. Invalidity of CAP-2022 on ground of non-
effective consultation was also considered, but writ petitions
were dismissed by upholding validity of CAP-2022.
30. Hence, decision in V.Vamshi Krishna's case (supra)
would squarely cover questions (ii) and (iii). Indeed, earlier
decision in Dr.Prashant Mannur's case (supra) was not
brought to notice of Court in Vamshi Krishna's case (supra),
but validity of CAP-2022 was upheld on ground that scope of
judicial review in academic matters would be extremely limited,
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referring to series of decisions of Hon'ble Supreme Court.
Division Bench of this Court in New Krishna Bhavan,
Malleswaram, Bangalore-3 v. Commercial Tax Officer,
No. IV Circle (Addl.) Bangalore, reported in 1959 SCC
OnLine Kar. 130, held in case of conflict between decisions of
equal bench strength, later decision would prevail. In view of
above discussion, questions (i) to (iii) are answered in
negative.
Consequently, writ petitions are dismissed.
Sd/-
JUDGE
GRD/-
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RVHJ:
18.04.2024
ORDER
After pronouncement of order in above writ petitions, it
was submitted that petitioners herein have appeared for MBBS
Examination held during January, 2024 and passed Phase-I of
Course.
If it is so, dismissal of present writ petitions would not
come in way of petitioners retaining said result, if they are
otherwise entitled to, in accordance with law.
This order be treated as part and parcel of final order.
Sd/-
JUDGE
Vmb/-
