IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.33333/2019 (EDN – EX) BETWEEN :
ASHMITA MODAK D/O ASHOK MODAK AGED ABOUT 21 YEARS, R/AT TAVAREKERE , 2ND MAIN ROAD, SHREE APARTMENT, FLAT No.102, 3RD FLOOR, BLOCK A BENGALURU-560029. ...PETITIONER (BY SMT.T.S.ANUPAMA, ADV.) AND :
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH T BLOCK, JAYANAGAR BENGALURU-560041 REP. BY ITS REGISTRAR 2. REGISTRAR EVALUATION RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH T BLOCK, JAYANAGAR BENGALURU-560041 3. OXFORD COLLEGE OF PHARMACY No.6/9, 1ST CROSS, BEGUR ROAD, HONGASANDRA, BENGALURU-560068 REP. BY ITS PRINCIPAL. …RESPONDENTS (BY SRI N.K.RAMESH, ADV. FOR R-1 & R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 UNIVERSITY TO DIRECT THE PAPER PHARMACEUTICAL INORGA CHEMISTRY PAPER HAVING Q.P. CODE 2878 TO BE REFERRED TO 3RD EVALUATION IN TERMS OF ORDERS ORDINANCE GOVERNING MULTIPLE VALUATION, DATED 15.06.2012 (ANNEXURE-E), REGULATION AND THE EVALUATION TO BE CARRIED OUT WITHIN A TIME TO BE STIPULATED BY THIS HON’BLE COURT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for a writ of mandamus directing the 1st respondent University to refer Pharmaceutical Inorga Chemistry paper to third evaluation in terms of the Ordinance governing multiple valuation of the University dated 15.6.2012.
2. The petitioner is claiming to be a student of the respondent No.3 institution being admitted to Pharma-D course for the academic year 2017-18. It is contended that the petitioner has secured First Class in all the subjects except Pharmaceutical Inorga Chemistry paper and she has secured First class in the second year also. Now the petitioner has to take the admission for the third year. In terms of the Circular dated 23.10.2017 issued by the respondent No.1 University, The petitioner has to clear all the subjects in the first year. Hence, seeks for revaluation/third evaluation.
3. Learned counsel for the petitioner would submit that the petitioner is suffering from physical and neurological disorder. She has undergone major brain surgery in the year 2014 and VP shunt was inserted into a ventricle to drain excess fluid. Till now the petitioner was under treatment. The petitioner has joined this course with great ambition to serve the needy people. Considering the same sympathetically, the paper of the petitioner may be referred to the third evaluation as sought for.
4. Learned counsel for the respondent- University submits that in view of the Regulation dated 29.3.2019, the petitioner is not entitled for third evaluation.
5. Having regard to the facts and circumstances of the case as aforesaid, the petitioner is directed to submit a representation before the respondent No.1 University to consider her case as a special case to refer her Pharmaceutical Inorga Chemistry paper to the third evaluation and if such a representation is made along with the medical records within a period of two weeks from today, the same shall be considered by the Vice Chancellor, Rajiv Gandhi University of Health Sciences sympathetically and a decision shall be taken in an expedite manner.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE Dvr: