IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.No.56077 OF 2018 (EDN-RES) BETWEEN MR. BHAGTESH KUMAR, S/O RIDMAL RAM, AGE : 24 YEARS, REG NO. 17M2867, R/O SINDURA PG, MUKKA, MANGALORE, KARNATAKA-575 021. ... PETITIONER (BY SRI. ABHISHEK MALIPATIL) AND 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU-560 041.
REP BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION), RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU-560 070.
3. SRINIVAS INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, SRINIVAS NAGAR, MUKKA, SURATHKAL, KARNATAKA-575 021. ... RESPONDENTS (BY SRI.N.K. RAMESH, ADVOCATE FOR R1 & R2; NOTICE TO R3 IS D/W V/O DATED 14.01.2019) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.1 AND 2 TO CONDUCT FRESH VALUATION IN RESPECT OF ANSWER SCRIPTS OF ANATOMY AND BIOCHEMISTRY SUBJECTS OF THE 1ST YEAR MBBS COURSE EXAMINATIONS OF SEPTEMBER 2018 UNDERTAKEN BY THE PETITIONER BY SUBJECTING THE EVALUATION OF ANSWERS BY NOTIFIED EVALUATORS AT THE UNIVERSITY PREMISES UNDER DIRECT SUPERVISION OF THE UNIVERSITY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The learned counsel for the petitioner asserts and the learned Panel Counsel for the 3rd respondent-institution does not much dispute that the subject matter of this Writ Petition is akin to the one in cognate W.P.No.48194/2018 and other connected matters that have been disposed off vide judgment dated 21.12.2018 wherein, a direction has been issued to the 3rd respondent-institution to refer the answer papers of similarly circumstanced students wherein, the percentage difference between two valuations in re MBBS course is 15 % or above as prescribed under the 2012 Ordinance.
2. The learned counsel for the petitioner presses into service the principle of parity for extension of the similar relief, there being no other derogatory circumstance.
3. In view of the above, this Writ Petition succeeds in terms of the judgment dated 21.12.2018 in cognate W.P.No.48194/2018 and other connected matters.
4. Since the exercise now directed to be accomplished would take some time, the 3rd respondent-institution shall ensure that the petitioner is permitted to attend the II year MBBS classes subject to the rider that no plea of equity would be founded on the basis of this interim arrangement.
Costs made easy.
Sd/- JUDGE cbc