Karnataka High Court
Mr. Rohan Satihal vs Rajiv Gandhi University Of Health ... on 4 January, 2024
Author: Ravi V. Hosmani
Bench: Ravi V. Hosmani
-1-
NC: 2024:KHC:391
WP NO.13622 OF 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V. HOSMANI
WRIT PETITION NO.13622 OF 2023 (EDN-RES)
BETWEEN:
1. MR. ROHAN SATIHAL
S/O SABU SAITHAL
AGED ABOUT 22 YEARS,
R/AT NO.511, SECTOR NO.3,
SHIVA BASAVA NAGAR,
BELAGAVI - 590 010.
2. MS. GAYATHIR S.
D/O SURESH KUMAR C.T.
AGED ABOUT 21 YEARS,
R/AT NO.46, 3RD MAIN ROAD,
NEHRU STREET, UDYANAGAR,
BENGALURU - 560 016.
3. MS. PEARL ANGELINA
D/O K.P. PAULSON
AGED ABOUT 21 YEARS,
R/AT HOSTEL KEMPEGOWDA INSTITUTE
OF MEDICAL SCIENCES,
Digitally signed by BANASHNKRI 2ND STAGE,
MOHANKUMAR M
BENGALURU - 560 070.
Location: High
Court of Karnataka
...PETITIONERS
(BY SRI. PRADEEP PATIL, ADVOCATE)
AND:
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
REP. BY ITS REGISTRAR EVALUATION,
4TH 'T' BLOCK,
JAYANAGAR,
BENGALURU - 560 041.
...RESPONDENT
-2-
NC: 2024:KHC:391
WP NO.13622 OF 2023
(BY SRI. MAMATA G. KULKARNI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENT TO SEND THE ANSWER SCRIPTS TO
THE THIRD VALUATOR FOR REVALUATION AND ANNOUNCE
THE RESULTS BY CONSIDERING THE BEST OF TWO MARKS AS
AWARDED BY THE THREE EXAMINERS IN VIEW OF THE
JUDGMENTS OF THIS HON'BLE COURT IN WRIT PETITION NO.
200862 OF 2021 PRODUCED AS ANNEXURE-F AND IN WRIT
PETITION NO.7774 OF 2022 PRODUCED AS ANNEXURE-G;
AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed for following relief:
"Issue a writ order or 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 best of two marks as awarded
by the three examiners in view of the judgments of this
Hon'ble Court in WP No.200862/2021 produced as
Annexure-F and in WP No.7774/2022 produced as
Annexure-G".
2. Learned counsel for respondent no.1 referred to
statement of objections filed and submitted that subject matter
of writ petition, wherein petitioner is seeking for re-evaluation
of answer scripts of petitioner in specific subjects by 3rd
evaluator in terms of earlier decisions in W.P.no.200862/2021
and W.P.no.777/2022, would now stand covered by decision of
this Court in W.P.no.11688/2023 and connected matters
disposed of on 13.10.2023, wherein after upholding validity of
NC: 2024:KHC:391
WP NO.13622 OF 2023
Ordinance/Notification Governing Central Assessment
Programme (CAP) for Theory Paper assessment of all Under-
Graduate Health Science Courses of University dated
05.09.2022, had proceeded to dismiss writ petition. On above
ground sought for dismissal of writ petition.
3. Sri Pradeep Patil, learned counsel for petitioners is
unable to countenance submission of learned counsel for
respondent.
4. Heard learned counsel and perused writ petition
record.
5. On perusal of writ petition and finding that ratio laid
down in W.P.no.11688/2023 would squarely cover subject
matter of writ petition. Accordingly, writ petition stands
dismissed.
Sd/-
JUDGE
ARK
