IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT W.P.No.7873 OF 2019 (EDN-EX) BETWEEN MR.BHARATH.C.J, S/O MR.JAYARAMA C.D, AGED 24 YEARS, RESIDING AT KIMS MENS HOSTEL, BSK 2ND STAGE, BENGALURU-560 070. ... PETITIONER (BY SRI.NISHANTH A.V, ADVOCATE) AND RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH T BLOCK, JAYANAGAR, BENGALURU-560 011.
REPRESENTED BY ITS REGISTRAR. ... RESPONDENT (BY SRI.N K RAMESH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO EVALUATE QUESTION NO.13 AND QUESTION NO.6 IN QP CODE 1099/OBSTETRICS AND GYNECOLOGY-II ANSWERED BY THE PETITIONER IN ANSWER BOOKLET NUMBER XXXXXXX231 AND QUESTION NO.5 IN PAPER-I [QP CODE 1098] ANSWERED BY THE PETITIONER IN ANSWER BOOKLET NUMBER XXXXXXX988 IN THE DEGREE EXAMINATION HELD IN THE MONTH OF DECEMBER 2018 MBBS PHASE III PART-II BY THE RESPONDENT UNIVERISTY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The learned counsel for the petitioner-student submits, and the learned Panel Advocate for the respondent-University does not dispute that the subject matter of this Writ Petition is substantially similar to the one in W.P.Nos.48194-198/2018 and other connected matters, disposed off by this Court vide judgment dated 21.12.2018 in as much as the percentage difference between two evaluations appears to be more than 15% in terms of 2012 Ordinance as interpreted by this Court vide Paragraph 26 in the aforesaid judgment.
2. In view of the above, this Writ Petition succeeds in part; a Writ of Mandamus issues directing the respondent- University to subject the answer sheets of the petitioner (Obstetrics and Gynecology - Paper II) for 3rd evaluation which shall be accomplished, within a period of two weeks.
3. Till the accomplishment of the said task, the petitioner shall be permitted to participate in the internship, subject to the rider that they shall not claim any equity on the basis of this ad hoc arrangement.
No costs.
SD/-
JUDGE cbc