IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION Nos.5799-5812/2019 (EDN-RES) BETWEEN 1. AALIYA FATIMA A. MALDAR AGED 19 YEARS D/O. ABDUL MUNAF R/O AKSHATHA PG 4TH MAIN, 5TH CROSS K.H.B.COLONY BASAVESHWARA NAGARA BENGALURU – 560 079.
2. DANESHWARI AGED 19 YEARS D/O. RAMESH GHMC GIRLS HOSTEL K.H.B.COLONY BASAVESHWARA NARAGA BENGALURU – 560 079.
3. DHANUSHREE G.S.
AGED 19 YEARS D/O. GOPALAKRISHNA M.B. GANGAMMA ROAD HOSAKOTE – 562 114.
4. JAYASIMHA B.N.
AGED 21 YEARS S/O. NAGESHAIAH #149, 15TH MAIN ROAD WATER TANK, BASAVESHWARANAGAR BENGALURU – 560 079.
5. LEKHA V AGED 20 YEARS D/O. VEDAMURTHY #13, SHIVA KRUPA NHSS LAYOUT, PLAN-2 PRASHANTHA NAGAR BENGALURU – 560 079.
6. MUSKAN RABIYA KULSUM AGED 20 YEARS D/O. SYED ABDUL HAFEEZ #25, 4TH MAIN, CHINNAYAPALYA BENGALURU – 560 030.
7. NAEEM A. SHAIKH AGED 19 YEARS S/O. AKTHAR ALI SHAIKH #149, 15TH MAIN ROAD WATER TANK, BASAVESHWARANAGAR BENGALURU – 560 079.
8. NAGMA ARA AGED 19 YEARS SYED ASLAM #80, 10TH CROSS, WEST OF PADARAYANAPURA BENGALURU – 560 026.
9. PRATHIBHA B.
AGED 19 YEARS D/O. NAGARAJ B. R/O. AKSHATHA PG 4TH MAIN, 5TH CROSS K.H.B.COLONY BASAVESHWARA NAGARA BENGALURU – 560 079.
10. SANDHYA K AGED 19 YEARS D/O. KUMARA SUBRAMANYA #140, MANJUNATHA KRUPA 2ND STAGE, 7TH MAIN BASAVESHWARANAGARA BENGALURU – 560 079.
11. SHIVARAJKUMAR KAMBLE AGED 19 YEARS S/O. SATHYAPPA KAMBLE BCM HOSTEL, 3RD CROSS RAMAKRISHNA LAYOUT MALAGALA BENGALURU NORTH – 560 091.
12. SOUMYA AGED 19 YEARS D/O. RADHAKRISHNA R/O. AKSHATHA PG 4TH MAIN, 5TH CROSS K.H.B.COLONY BASAVESHWARA NAGARA BENGALURU – 560 079.
13. VISHAL C. SAJJAN AGED 19 YEARS S/O. CHANNAPPA #149, 15TH MAIN ROAD WATER TANK, BASAVESHWARANAGAR BENGALURU – 560 079.
14. MOHAMMED SOFI AGED 20 YEARS S/O. ABDUL RASOOL GKVK UG BOYS HOSTEL VIGNANA KENDRA GKVK, YELAHANKA BENGALURU – 560 065. ... PETITIONERS (BY SRI DIVYATEJ H.N., ADVOCATE) AND 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS VICE-CHANCELLOR/REGISTRAR 4TH BLOCK, EAST PATTABHIRAMANAGAR, JAYANAGAR BENGALURU – 560 041.
2. CENTRAL COUNCIL OF HOMEOPATHY REPRESENTED BY ITS SECRETARY, JAWAHARLAL NEHRU BHARATHIYA CHIKITSA AVUM HOMEOPATHIC ANUSANDHAN BHAVAN, 61-65, INSTITUTIONAL AREA OPP. D BLOCK, JANAKPURI NEW DELHI – 110 058.
3. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF AYUSH AYUSH BHAVAN, B-BLOCK G.P.O. COMPLEX INA, NEW DELHI – 110 023.
4. THE STATE OF KARNATAKA REPRSENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF AYUSH VIDHANA SOUDHA BENGALURU – 560 001. ... RESPONDENTS (BY SRI. N.K.RAMESH, ADV. FOR R1; SMT. S.S.NAGASHREE, AD. FOR R2;
SMT. PRAMODHINI KISHAN, AGA FOR R4; SRI. BIRDY AIYAPPA, CGC FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT OR EXTEND RELIEFS WHICH WERE GRANTED IN W.P.NOS.55322/2018 & 55987/2018 (KARUNAKAR H.N. AND ANOTHER VS. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND OTHERS) TO THE PETITIONERS SINCE THE FACT MATRIX OF THIS W.P. MATCHES WITH THAT OF W.P.NOS.55322/2018 & 55987/2018 (EDN-RES) PRODUCED AT ANNEXURE-K.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel appearing for the contesting respondents submits that the subject matter of these writ petitions is substantially similar to the one in cognate W.P.Nos. 55322/2018 and 55987/2018 (EDN-RES) disposed off by this court vide judgment dated 28.01.2019 and therefore, these writ petitions are to also be disposed off accordingly.
2. Paragraph Nos. 2, 3 and 4 of the said judgment read as under:
“2. The learned Sr. Panel Counsel for the respondent-University after arguing for some time fairly submits that, regardless of the legal contentions, this matter can be put to rest inasmuch as the supplementary examinations in question shall be conducted preferably within the month of February 2019 and that the petitioners would be permitted to take the examinations of the next level of the regular course if they pass in the imminent examination.
3. Keeping the statement made on behalf of the respondent-University on record, these writ petitions are disposed off.
4. Since holding of the supplementary examination and announcement of results thereof will take some time, the petitioners shall forthwith be permitted to attend the classes of the next level of the regular course which shall be subject to the result of their examinations in question and that the shortage of their attendance in the next level classes shall be leniently viewed by the University inasmuch the supplementary examinations in question are being conducted belatedly, with no fault attributable to the students”.
3. In the above circumstances, these writ petitions are also disposed off, in the same terms as mentioned above.
Sd/- JUDGE KA/-