Karnataka High Court
Rajiv Gandhi University Of Health ... vs Patil Vishal Sambhaji on 21 November, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
-1-
NC: 2024:KHC-D:16959-DB
WA No. 100210 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF NOVEMBER 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
WRIT APPEAL NO. 100210 OF 2024 (EDN-RES)
BETWEEN:
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
REP. BY ITS VICE CHANCELLOR/REGISTRAR,
4TH T BLOCK, JAYANAGAR, BENGALURU-560041.
...APPELLANT
(BY SRI. AVINASH BANAKAR, ADVOCATE)
AND:
1. PATIL VISHAL SAMBHAJI
AGE: 24 YEARS, OCC: STUDENT,
SHRI SHIV BASAV JYOTI HOMOEOPATHIC
MEDICAL COLLEGE, BELAGAVI-590001.
2. SHRI SHIV BASAV JYOTI HOMEOPATHIC
MEDICAL COLLEGE, BELAGAVI-590001,
Digitally signed
by MANJANNA E REP. BY ITS PRINCIPAL.
Location: HIGH
COURT OF
...RESPONDENTS
KARNATAKA
DHARWAD
BENCH
Date: 2024.11.23
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
15:39:36 +0530 COURT ACT, 1961, PRAYING TO SET-ASIDE THE ORDER DATED
24.04.2024 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.101568/2024 AND ALLOW THE WRIT APPEAL BY
DISMISSING THE WRIT PETITION, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
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NC: 2024:KHC-D:16959-DB
WA No. 100210 of 2024
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
This appeal is filed challenging the order dated
24.04.2024 passed by the learned Single Judge in Writ
Petition No.101568/2024 whereby the respondents were
directed to declare the result of the petitioner.
2. Learned counsel appearing for the appellant-
University submits that the respondent No.1/petitioner was
admitted to BHMS course in the year 2018-19. In the I year,
he was unsuccessful in one subject i.e. Human Anatomy. As
per the Circular of the University, a student may be
permitted to 7 attempts to get through the backlog subjects.
In all the 7 attempts, the petitioner failed. Thereafter, in
view of COVID-19 pandemic, one more attempt has been
provided in view of the Circular dated 25.03.2022.
Respondent No.1 again did not get through the said subject.
Thereafter, he approached this Court by filing Writ Petition
No.101568/2024.
NC: 2024:KHC-D:16959-DB
3. Pursuant to the interim direction of this Court, he
has been permitted to appear for the examination i.e. on
the subject "Human Anatomy" for 9th time scheduled on
12.03.2024. Even though, respondent No.1 was not entitled
for taking the examination for 9th time, pursuant to the
interim directions of this Court, he has been permitted. Now
by the impugned order, the learned Single Judge has
directed to declare the result. Being aggrieved by the
impugned order, the University has filed this writ appeal.
4. Heard the learned counsel.
5. Since the Circular itself prohibits permitting the
students to take examination for 9th attempt, his result
cannot be announced is the contention of the counsel for the
appellant. Be that as it may. As per the interim direction of
this Court, respondent No.1/petitioner was permitted to
appear for the examination relating to the backlog subject of
I year i.e. Human Anatomy scheduled on 12.03.2024. The
petitioner has written the examination.
NC: 2024:KHC-D:16959-DB
6. In view of the above, the appellant/University is
directed to declare the result of the petitioner/respondent
No.1.
7. With these observations the writ appeal is
disposed of. It is made clear that this order cannot be made
use as a precedent in any other case in future. As a
consequence, I.A.2/2024 stands closed.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
kmv
Ct:vh
