IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.21377 OF 2019 (EDN-EX) BETWEEN:
Chirag Bhat R.
Aged about 23 years, Son of B.Raghavendra Bhat, Residing at No.4-13, Near Shree Durga Temple, Bappanadu, Mulki, Mangalore – 574154.
... Petitioner (By Smt.Lakshmi Menon, Advocate) AND:
1. State of Karnataka, Department of Higher Education, 6th Floor, M.S.Builiding, Bengaluru – 560001.
Represented by its Principal Secretary.
2. Rajiv Gandhi University of Health Sciences, 4th T-Block, Jayanagar, Bengaluru, Karnataka – 560041. Represented by its Registrar.
3. Srinivas Institute of Medical Sciences and Research Centre, Mukka, Surathkal, Karnataka – 575025.
Represented by its Principal.
…Respondents (By Sri.Sandeep.R, Advocate for Sri.N.K.Ramesh, Advocate for R2 Sri.V.ShivaReddy, HCGP for R1) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct respondent authorities to re-valuate the answer scripts of the petitioner pertaining to obstetrics and Gynaecology, paper-1 (Annexure-A) and direct the respondent authorities to re-valuate the answer scripts of the petitioner pertaining to Orthopaedics paper (Annexure-A1) 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 submits and learned Senior Panel Counsel for the respondent-University Sri.N.K. Ramesh having accepted notice, does not much dispute that the subject matter of this Writ Petition is similar to the one in cognate W.P.Nos.48194-48198/2018 and other connected matters, disposed off by this Court vide judgment dated 21.12.2018 and therefore, the learned counsel for the petitioner pressing into service the principle of parity submits that the petitioner herein too needs to be granted the same relief, there being no repugnant circumstances.
2. The learned Senior Panel Counsel for the respondent-University reserves right to ascertain the factuals asserted in the Writ Petition so that the percentage difference is 15 or above in terms of 2012 Ordinance of the respondent- University, is invokable, as interpreted by this Court in Para 25 of the aforesaid judgment. The said liberty accordingly is reserved.
3. In the above circumstances, this Writ Petition succeeds in part; a Writ of Mandamus issues to the respondent-University to subject the petitioner’s answer sheets in Obstetrics and Gynaecology - Paper-I (Annexure-A) and Orthopaedics paper (Annexure-A1) for third valuation, within a period of two weeks, after ascertaining the factuals.
Accordingly Writ Petition is disposed of. No costs.
[ Sd/- JUDGE NS