IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.49423/2019 (EDN – EX) BETWEEN:
Dr. DILEEP M., S/O L.MANJE GOWDA, AGED ABOUT 31 YEARS, R/AT NO.45/B, DARSHAN NIVASA, 18TH MAIN, 25TH CROSS, 3RD SECTOR, HSR LAYOUT, BENGALURU-560102 …PETITIONER (BY SRI H.M.MURALIDHAR, ADV.) AND:
1 . REGISTRAR EVALUATION RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH "T" BLOCK, JAYANAGAR, BENGALURU-560041 2 . VYDEHI INSTITUTE OF MEDICAL SCIENCES & RESEARCH CENTRE, # 82, EPIP AREA, WHITE FIELD, BENGALURU-560066 REP BY ITS PRINCIPAL …RESPONDENTS (BY SRI N.K.RAMESH, ADV. FOR R-1.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO THE R-1 THAT TAKING AVERAGE OF THE MARKS AWARDED BY THE VALUERS IN GENERAL VALUATION AND CONSIDERING THE SAME FOR FINAL COMPUTATION OF THE RESULT IS IMPERMISSIBLE AND WITHOUT JURISDICTION.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a direction to evaluate his answer scripts of MCH – Urology, Master Degree Course examination of July 2019 produced at Annexure-A by following the digital valuation and thereafter announce the results afresh in accordance with the notification No.RGU/AUTH/140-SYN/117-9 [Examination]/2018-19 dated 29.03.2019 at Annexure-L.
2. The petitioner is pursuing the Master Degree Course i.e., MCH – Urology in the second respondent Institution. It is contended that though the petitioner has answered perfectly, the four Valuers have not given appropriate marks. The evaluation of the examination is not in conformity with the guidelines published by the first respondent. No digital valuation has been made in terms of the procedure prescribed under the notification dated 29.03.2019 by the respondent-University, wherein all the answer scripts of the Post Graduate including the PG-Diploma and Super Specialty courses in Medical/Dental/Homeopathy shall be subjected to Digital Valuation as prescribed by the Rajiv Gandhi University of Health Sciences. The evaluation of answer scripts in the present case is made manually.
3. Learned counsel for the respondent- University would submit that the answer scripts of Super-Specialty Courses being minimum in number, were sent to manual evaluation. However, it is fairly submitted that in terms of the notification dated 29.03.2019, all answer scripts of Post Graduate including the Super-Specialty Courses shall be subjected to Digital Valuation.
4. In view of the aforesaid, the manual evaluation of answer scripts for Super-Specialty Courses cannot be countenanced.
Accordingly, writ petition is allowed, directing the respondent-University to evaluate the answer scripts of the petitioner i.e., MCH – Urology PG Super-Specialty Course in terms of the notification dated 29.03.2019 subjecting to Digital Valuation.
Compliance shall be made in an expedite manner in any event not later than two weeks from the date of receipt of certified copy of the order.
Sd/- JUDGE NC.