IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION No.4112/2019 (EDN-RES) Between Dr. Deepak P.J.
S/o P.S. Jayapradeep Age : 31 Years, Reg.No.15MY777 R/o. Panasseril, Asamannoor, Perumbavoor Ernakulam, Kerala – 683549. ... Petitioner (By Sri Abhishek Malipatil, Advocate) 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. A.J. Institute of Medical Sciences and Research Center NH-66, Kuntikan, Mangaluru Karnataka – 575 004.
Represented by its Principal. ... Respondents ( Sri N.K.Ramesh, Adv. for R1 and R2) This Writ Petition is filed under Articles 226 and 227 of Constitution of India praying to direct the respondents No.1 and 2 to conduct evaluation of the answer scripts of the subject MD-Pathology of the PG Course examinations of number 2018 undertaken by the petitioner; in terms of the order dated 21.12.2018 passed by this Hon’ble Court in WP Nos.48194-48198/2018 and connected with petitions vide Annexure-F.
This Writ Petition coming on for Preliminary hearing this day, the Court made the following:
ORDER The short grievance of the petitioner is against non- forwarding of his answer sheets for fifth valuation in terms of 2012 ordinance of respondent – University.
2. Learned panel counsel for respondent – University having accepted notice on request does not much dispute that the subject matter of this writ petition is akin to the one in cognate Writ Petition Nos.48194-198/2018 and other connected matters that have been disposed of by this Court vide judgment dated 21.12.2018, a copy whereof is at Annexure-F.
3. There is force in the submission of the learned counsel for the petitioner that petitioner being similarly circumstanced, is entitled for similar relief on the principle of parity, in the absence of derogatory material.
4. In the above circumstances, this writ petition succeeds in part; Writ of Mandamus issues to the respondent – University to forward answer papers of petitioner’s to the 5th valuation if the percentage difference of the marks awarded by the 2/4 valuators on the higher side is 15% or above as explained by this Court at para 26 of the said judgment, forthwith.
Sd/- JUDGE KA/-