IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.19819/2019 (EDN – RES) BETWEEN:
Mr. CHANDRAKANT KADAM S/O LATE MR. SURYAKANT AGED 29 YEARS REG. No.06M4029 R/AT No.773/6A, 7TH CROSS RAMANUJ ROAD, MYSORE – 570004.
…PETITIONER (BY SRI ABHISHEK MALIPATIL, ADV.) AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560041 REP. BY ITS VICE-CHANCELLOR 2. REGISTRAR EVALUATION RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560070. …RESPONDENTS (BY SRI N.K.RAMESH, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 AND 2 TO CONDUCT 3RD EVALUATION OF THE ANSWER SCRIPTS OF THE SURGERY PAPER II AND OBSTETRICS & GYNAECOLOGY PAPER I & II OF THE PHASE III PART I MBBS COURSE EXAMINATIONS OF DEC.2018 UNDERTAKEN BY THE PETITIONER SINCE THE DIFFERENCE OF MARKS BETWEEN THE EVALUATORS IS MORE THAN 15% IN TERMS OF THE ORDER DATED 21.12.2018 PASSED BY THIS HON’BLE COURT IN W.P.NO.48194-48198/2018 AND CONNECTED PETITIONS VIDE ANNE-E;
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel Sri. N.K.Ramesh accepts notice for the respondents.
2. Heard the learned counsel for the parties.
Learned counsel for the parties submit ad idem that the subject matter of this writ petition is squarely covered by the order passed by this Court in W.P.Nos.48194- 198/2018 and allied matters disposed of on 21.12.2018 wherein a writ of mandamus has been issued to the respondent-University to send such of the answer papers of the petitioners, wherein the percentage difference amongst the valuations (two in the case of U.G. course and four in the case of P.G. course, as the case may be) in terms of 15.6.2012 Ordinance as worked out in paragraphs 25 and 26 therein, for third or fifth valuation, as the case may be, forthwith.
3. In view of the aforesaid submission, the subject matter of this writ petition being U.G course, the respondent-University shall send the answer papers of the petitioner in terms of the Ordinance dated 15.06.2012 as worked out in paragraphs 25 and 26 of the order in the batch of writ petitions referred to above for third valuation, forthwith.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE PMR