Karnataka High Court
Sakshi Laxman Admane vs Rajiv Gandhi University Of Health ... on 2 September, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:35513
WP No. 21367 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 21367 OF 2024 (EDN-EX)
BETWEEN:
1. NITHIN BHATT D S,
S/O SRINIVAS MURTHY D N,
AGED ABOUT 24 YEARS,
EXAM REG NO.19H0353
R/AT BHAGAWAS BUDDA HOMEOPATHIC
MEDICAL COLLEGE BOYS HOSTEL
40 FEET ROAD, NGEF LAYOUT, MALLATHALLI,
BENGALURU 560 056.
2. SHONALL S V,
D/O SATISH V,
AGED ABOUT 23 YEARS,
EXAM REG NO.19H0375
R/AT NO.703, SIR M V LAYOUT,
8TH BLOCK EXTENSION,
BENGALURU 560 061.
...PETITIONERS
(BY SRI. DIVYATEJ H.N., ADVOCATE)
Digitally signed
by AND:
LEELAVATHI S
R
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
Location: HIGH
COURT OF REP BY ITS VICE CHANCELLOR/REGISTRAR
KARNATAKA (EVALUATION)
4TH BLOCK EAST, PATTABHINAGAR,
JAYANAGAR, BENGALURU 560 041.
2. THE PRINCIPAL
BHAGAVAN BUDDHA HOMEOPATHIC
MEDICAL COLLEGE AND HOSPITAL
NO.103/6, 40 FEET ROAD, NGEF LAYOUT,
MALLATHALLI, BENGALURU 560 056.
...RESPONDENTS
(BY SMT.FARAH FATHIMA, ADVOCATE FOR R1;
V.C.O DATED 2/9/24, NOTICE TO R2 IS DISPENSED WITH)
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NC: 2024:KHC:35513
WP No. 21367 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-
1 TO RELEASE THE IV BHMS EXAMINATION ADMISSION TICKETS
OF THE PETITIONERS AND ALLOW THEM TO WRITE THE
EXAMINATION WHICH IS SCHEDULED TO COMMENCE FROM
09.08.2024 AS PER EXAMINATION NOTIFICATION VIDE ANNX-C
ISSUED BY THE R-1 UNIVERSITY IN REG(E)/UG AND PG/ BHMS
AND BNYS / THEORY EXAM/18/AUGUST 2024-25 DTD. 19.06.2024
AND THEREBY DIRECT THE R-1 UNIVERSITY ANNOUNCE THE
RESULTS OF THE PETITIONERS.
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioners seek the following reliefs:
"(a) Writ in a nature of Mandamus directing the Respondent
No.1 to release the IV BHMS Examination Admission
Tickets of the Petitioners and allow them to writ the
examination which is scheduled to commence from
09.08.2024 as per Examination Notification vide
Annexure-C issued by the Respondent No.1 University in
Reg (E)/UG&PG/BHMS & BNYS/Theory Exam/18/
August 2024-25 dated 19.06.2024 and thereby direct the
Respondent No.1 University announce the Results of the
Petitioners.
(b) Pass such other orders or issue such other directions as
this Hon'ble Court deems fit in the facts and
circumstances of the case in the interest of justice and
equity."
2. Heard learned counsel for the petitioners and learned
counsel for respondent No.1 and perused the material on record.
NC: 2024:KHC:35513
3. A perusal of the material on record will indicate that the
issue in controversy is squarely covered by the judgments of this
Court in the cases of Kalpana and another Vs. Rajiv Gandhi
University of Health Sciences and others -
W.P.No.102490/2021 dated 25.11.2021, Sri. Gaddam
Saddharma Vs. The Registrar, Rajiv Gandhi University of
Health Sciences and others - W.P.No.24255/2021 and
Connected matters dated 19.04.2022, Abhay Govind T. &
another Vs. Rajiv Gandhi University of Health Sciences and
another - W.P.No.19645/2022 dated 08.11.2022, Sheik
Nidamaheen and others Vs. Rajiv Gandhi University of Health
Sciences & others - W.P.No.5578/2023 dated 23.05.2023,
Konisi Srilekha and others Vs. Rajiv Gandhi University of
Health Sciences & another, W.P.No.15934/2023 dated
24.07.2023 and Nandivardhini N. Vs. Rajiv Gandhi University of
Health Sciences & another - W.P.No.7441/2024 dated
23.07.2024 (produced as Annexures-E , F, G, H, J and K to the writ
petition).
4. On 07.08.2024, this Court passed the following interim
order:
NC: 2024:KHC:35513
"Smt. Farah Fathima, learned counsel is directed
to accept notice for respondent No.1.
Copies to be served.
Issue emergent notice to respondent No.2
returnable by 02.09.2024.
In the meanwhile, by way of an interim
arrangement and without prejudice to the rights and
contentions of the parties and subject to the final out
come of this petition, respondent No.1 is directed to
permit the petitioners to appear and write the
examinations scheduled to be conducted for IV year
BHMS from 09.08.2024 onwards.
List along with W.P.Nos.21387/2024, 21370/2024
and 21420/2024 on 02.09.2024."
Pursuant to the aforesaid interim order, the petitioners have
appeared in the examinations conducted from 09.08.2024
onwards, but the results of the said examination have not been
declared so far.
5. In view of the aforesaid facts and circumstance, the
present petition also deserves to be allowed in terms of the
aforesaid judgments of this Court at Annexures-E , F, G, H, J and K
to the writ petition. It is also relevant to state that respondent No.2-
College have submitted attendance eligibility of the petitioners-
NC: 2024:KHC:35513
students to the Rajiv Gandhi University of Health Sciences
(RGUHS), who have received the same.
6. In the result, I pass the following:
ORDER
i. The Writ Petition is allowed and disposed of in terms of
the judgments of this Court in the cases of Kalpana and
another Vs. Rajiv Gandhi University of Health
Sciences and others - W.P.No.102490/2021 dated
25.11.2021, Sri. Gaddam Saddharma Vs. The
Registrar, Rajiv Gandhi University of Health Sciences
and others - W.P.No.24255/2021 and Connected
matters dated 19.04.2022, Abhay Govind T. & another
Vs. Rajiv Gandhi University of Health Sciences and
another - W.P.No.19645/2022 dated 08.11.2022, Sheik
Nidamaheen and others Vs. Rajiv Gandhi University
of Health Sciences & others - W.P.No.5578/2023
dated 23.05.2023, Konisi Srilekha and others Vs. Rajiv
Gandhi University of Health Sciences & another,
W.P.No.15934/2023 dated 24.07.2023 and
Nandivardhini N. Vs. Rajiv Gandhi University of
Health Sciences & another - W.P.No.7441/2024 dated
NC: 2024:KHC:35513
23.07.2024 (produced as Annexures-E , F, G, H, J and K
to the writ petition).
ii. Respondent No.1- RGUHS is directed to announce the
results of the examinations taken up by the petitioners as
expeditiously as possible.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
