Karnataka High Court
Jaswitha Gunnam vs Rajiv Gandhi University Of Health ... on 4 November, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2024:KHC-D:16092
WP No. 104392 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 104392 OF 2024 (EDN-EX)
BETWEEN:
1. JASWITHA GUNNAM,
REG. NO.19HO222,
AGE: 23 YEARS,
STUDENT OF DR. B.D. JATTI HOMEOPATHIC
COLLEGE AND HOSPITAL, DHARWAD.
2. ANNAMAREDDY AKSHAY KUMAR,
REG. NO.17HO805,
AGE: 25 YEARS,
STUDENT OF DR. B.D. JATTI HOMEOPATHIC
COLLEGE AND HOSPITAL, DHARWAD.
...PETITIONERS
(BY SRI. OMKAR LAXMAN DESAI, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
MALLIKARJUN REPRESENTED BY ITS VICE CHANCELLOR/REGISTRAR,
RUDRAYYA
KALMATH 4TH BLOCK, EAST PATTABHIRAMANAGAR,
Location: HIGH
JAYANAGAR, BENGALURU-560041.
COURT OF
KARNATAKA
DHARWAD
BENCH 2. DR. B.D. JATTI HOMEOPATHIC
COLLEGE AND HOSPITAL, DHARWAD,
REPRESENTED BY ITS PRINCIPAL,
DIST: DHARWAD-580 001.
...RESPONDENTS
(BY SRI. AVINASH BANGAKAR, ADVOCATE FOR R1;
R2-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
MANDAMUS DIRECTING THE RESPONDENT NO.1 AND 2 TO
CONSIDER CASE OF THE PETITIONER STUDENTS AND PERMIT THEM
TO APPEAR FOR 4TH YEAR BHMS COURSE EXAMINATION SCHEDULED
-2-
NC: 2024:KHC-D:16092
WP No. 104392 of 2024
TO HELD DURING AUGUST-2024 AND FURTHER THE RESPONDENT
NO.1 TO DECLARE THE RESULT OF SAID EXAMINATION, TO MEET
THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
Heard learned counsel for the petitioners and learned
counsel for respondent No.1-University.
2. Petitioner Nos.1 and 2 are students, who were
admitted to the academic year 2019-2020 and 2017-2018
respectively for the 1st year to BHMS course in the 2nd
respondent-College. Petitioners have completed 3rd year
BHMS course of study. After having cleared the 3rd year
examination in May-2023, the petitioners were eligible to
appear in the 4th year BHMS examination. However,
respondent No.1-University did not permit the petitioners
to appear for the 4th year examination which was
scheduled to commence in the month of August-2024 on
the ground that the petitioners had not completed one and
half year of course study after the 3rd year BHMS
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examination despite the petitioners having been admitted
to the 4th year BHMS course in Feburary-2023.
3. It is the case of petitioners that since they had
completed the three years BHMS course and the exam
results having been declared in the month of September-
2023, they were entitled and eligible to take up the 4th
year exam of BHMS course. But for the reasons best
known on the ground that one and half year pursuant to
the exam results being declared of the 3rd year having not
been completed, the respondent-University denied the
permission to the petitioners to write the exam for the 4th
year. The respondent-University, in the meanwhile, issued
timetable for conducting the examination for the 4th year,
but denied the issuance of hall tickets to the petitioners to
write the examination.
4. It is contended by learned counsel for petitioners
that similarly placed students had approached this Court in
Writ Petition No.104179/2023 seeking permission to
appear for the 4th year BHMS examination, which came to
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be allowed by an order dated 19.07.2023. Thereafter, the
said order passed by the coordinate bench of this Court
was challenged in writ appeal in W.A.No.100526/2023 by
the respondent-University. However, the said appeal came
to be dismissed and the order passed by the coordinate
bench of this Court came to be affirmed.
5. The petitioners, who are similarly placed herein
are invoking the writ jurisdiction for similar relief on the
ground that if University has committed an error and has
illegally not issued the hall ticket on the premise that one
and half year has not been completed to take up the 4th
year BHMS examination. It is further contended by learned
counsel for the petitioners that as the petitioners have
completed one term of six months prior to getting into 4th
year BHMS course, they would be entitled to write the
examination which is what is contemplated in the Clause-6
of the Homeopathy (Degree Course) BHMS Regulations,
1983 (as amended up to March, 2016) so also the same is
stipulated at Clause-10C.
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6. This Court need not further delve into the matter
for the reason that a coordinate bench of this Court in Writ
Petition No.104179/2023 has already examined this aspect
and provided the relief for the similarly placed students
who had completed one term of six months to write the 4th
year BHMS course. Under the circumstances, the
petitioners would also be entitled to similar relief as
admittedly the petitioners have completed one term prior
to writing the 4th year BHMS course examination.
7. Learned counsel for the 1st respondent also
contends that he cannot have any grievance in view of the
regulations prescribing one term to have been completed
before the petitioners are allowed to write the 4th year
BHMS examination as contemplated under the regulations,
which is affirmed by the Judgment of this Court in Writ
Petition No.104179/2023, subsequently confirmed in Writ
Appeal No.100526/2023. During pendency of this petition
this Court permitted the petitioners to write the
examination vide interim order dated 25.07.2024 for the
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4th year BHMS course. However, it was permitted subject
to outcome of this petition. Apparently, the petitioners
have already taken the examination, the results are yet to
be announced. In view of the above, I pass the following :
ORDER
(i) Petition is allowed.
(ii) Respondent No.1-University shall announce
the result of the petitioners for the 4th year
BHMS course already undertaken by the
petitioners and continue the petitioners to
write the further examination, if otherwise
entitled and eligible on the basis of
regulations prescribed.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
CKK
CT-MCK
