Karnataka High Court
Miss Tanmai Aravind Nirna vs Rajiv Gandhi University Of Health ... on 22 November, 2024
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WA No. 1533 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT APPEAL NO. 1533 OF 2024 (EDN-RES)
BETWEEN:
1. MISS TANMAI ARAVIND NIRNA
D/O SRI ARAVIND NIRNA,
AGED ABOUT 21 YEARS,
R/AT FLAT NO.410/4A,
RAJ NILAYA,
JAYANAGAR, 2ND BLOCK,
BENGALURU-560011
Digitally signed
by ...APPELLANT
PRABHAKAR
SWETHA (BY SRI VAISHALI HEGDE, ADVOCATE)
KRISHNAN
Location: High
Court of
Karnataka AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
REP BY ITS REGISTRAR,
4TH BLOCK, JAYANAGAR,
BENGALURU-560041
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WA No. 1533 of 2024
2. S NIJALINGAPPA MEDICAL COLLEGE AND HSK
HOSPITAL RESEARCH CENTRE
REP BY ITS DEAN/PRINCIPAL, NAVANAGAR,
BAGALKOT-587103
...RESPONDENTS
(BY SRI MADHUSUDHAN R. NAIK, SENIOR ADVOCATE FOR
SMT. FARAH FATHIMA, ADVOCATE FOR R1;
SRI ADIT CHANDANAGOUDA, ADVOCATE FOR R2)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961 PRAYING TO ALLOW THE ABOVE
WRIT APPEAL AND SET ASIDE THE FINAL ORDER DATED
19/09/2024 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.
NO.9975/2024 AND CONSEQUENTLY ALLOW THE SAID WRIT
PETITION IN ITS ENTIRETY.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WA No. 1533 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Smt. Vaishali Hegde for the
appellant, learned Senior Advocate Mr. Madhusudhan R. Naik for
learned advocate Smt. Farah Fathima for respondent No.1 and
learned advocate Mr. Adit Chandanagoudar for respondent No.2.
2. The present appeal arises out of the common judgment and
order dated 19.09.2024 passed by learned Single Judge in a group
of petitions. The writ petitions came to be dismissed. The present
appeal relates to Writ Petition No.9975 of 2024.
2.1 The prayer in the said writ petition was for awarding two
grace marks to the petitioner in the subject of Psychology by
considering her representations dated 05.03.2024 and 29.03.2024.
The petitioner had also prayed for additional direction to allow her
to attend the second year MBBS classes.
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2.2 As the petitions were dismissed, the interim relief granted
during the pendency of the said petition was observed to be not
surviving for consideration.
2.3 Learned Single Judge observed that "the said prayer does
not survive for consideration as the relief in itself was in the nature
of interim relief pending adjudication on various issues including
that of award of grace marks."
3. During the pendency of the writ petition, interim orders were
passed and the interim orders operated in favour of the petitioner.
In the order dated 02.04.2024, learned Single Judge permitted the
petitioner to attend the classes of second year MBBS course
subject to the result of the petition. Again on 24.04.2024, it was
observed that the first year students were permitted to attend
second year classes which will, however, not vest any right in the
students who may attend the classes.
3.1 On 18.07.2024, while reserving the petitions for orders, it
was observed and provided by learned Single Judge that "the
petitioners seek to avail exams beginning from 09.08.2024.
Petitioners are free to do so as regards the subject matter of the
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present petition without prejudice to their rights in the present
petition, subject of course to eligibility otherwise."
3.2 In course of consideration of the appeal today, it was
undisputedly stated by learned advocate for the appellant that the
appellant attended the second year MBBS classes and passed
internal tests in view of the interim order and the appellant has
already passed the first year MBBS course.
4. A request came forth from learned advocate for the appellant
that since the appellant has passed the first year MBBS course and
also attended the classes of second year MBBS as well as taken
three internal examinations for the second year MBBS, she may be
permitted to continue with the studies in the second year.
4.1 In response to the above submission, it was pointed out by
learned Senior Advocate appearing for respondent No.1-University
from the statement of objections filed on 20.11.2024 that the
appellant-student has the shortfall in the attendance.
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5. The attendance details furnished by the University in the
statement of objections is extracted herein below which is in tabular
form,
The attendance details of the student from 10.04.2024 to
20.09.2024 is as follows:
Subject Theory/P Total Total classes Percentage
ractical classes attended by
conducted the candidate
for II from
MBBS 10.04.2024 to
20.09.2024
Pathology Theory 112 57 53%
Pathology Practical 154 90 58%
Microbiology Theory 114 68 60%
Microbiology Practical 132 40 30%
Pharmacology Theory 151 106 70%
Pharmacology Practical 142 96 68%
5.1 The above details relate to the period from 10.04.2024 to
20.09.2024. The interim order was passed on 02.04.2024, when
the appellant was permitted to attend the classes. Although it was
the submission made on behalf of the appellant that the attendance
was required to be counted from December 2023, such submission
could not be countenanced by the Court since the interim order
was passed on 02.04.2024 only and the attendance to be validly
counted has to be from that date.
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5.2 The minimum attendance by any student required is 75% in
each of the subjects. This 75% minimum percentage will have to be
reckoned from 10.04.2024. The above tabular form shows that in
none of the subjects, the appellant is to reach the benchmark of
75%.
6. Even though the main petition was not entertained and stood
dismissed, there was an interim order passed by learned Single
Judge as above permitting the appellant to attend the MBBS
classes. The said interim order had worked out for itself as, during
the pendency of the petition, the appellant attended the classes
and took internal examinations. The attendance secured by the
appellant-student accordingly has to go to her benefit.
6.1 At the same time, for claiming any further eligibility to appear
in the second year MBBS examination or for prosecuting further
studies, the appellant should satisfy the minimum 75% attendance
in each subject, which may be counted after giving credit to the
attendance recorded as above upon the appellant-student
attending the classes in light of the interim order of the Court.
7. Therefore, without going into any aspect of the merits of the
decision of learned Single Judge qua the appellant, since the
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situation is obtained as above, this appeal is disposed of by
providing that the appellant-student shall be permitted to prosecute
the second year MBBS studies and shall be permitted to appear in
the examination as and when she secures 75% of the minimum
attendance in each subject for which the aforesaid attendance
secured pursuant to the interim order of the Court as recorded
above, shall be given credit.
It is agreed by the parties that the present order is passed in
the peculiar facts and circumstances of the case more particularly,
when during the pendency of the interim relief, the appellant
attended the classes, appeared in internal supplementary
examination and has also passed the said examination.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
KPS
