IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE G.NARENDAR W.P.NO.36854/2017(EDN-EX) BETWEEN:
Dr.Krishnappa R Havanur.
S/o Ramachandrappa, 43 years. Door No.2, Block 7 Gazetted Officers Quarters, KIMS Campus, Vidyanagar, Hubballi 580 021.
(By Sri.Aswath C.M, Advocate) AND:
1. The State of Karnataka, Reptd.by its Secretary, Department of Medical Education, M.S. Building, 7th Floor, Dr. Ambedkar Road, Bangalore – 560 001.
2. Rajiv Gandhi University of Health Sciences, 4th T Block, Jayanagar, Bangalore – 560041, Reptd. By its Registrar.
3. The Registrar (Evaluation) Rajiv Gandhi University of Health Sciences, 4th T Block, Jayanagar, Bangalore – 560041, ..Petitioner 4. Mysore Medical College & Research Institute, Irwin Road, Mysore – 570 001. Reptd. By its Principal.
5. Dr. A.G.Ravishankar, Head of the Department of General Medicine, Mysore Medical College & Research Institute, Irwin Road, Mysore – 570 001.
6. Dr. M.Srinivas, Professor, Department of General Medicine, Medical College & Research Institute, Irwin Road, Mysore – 570 001.
..Respondents This writ petition is filed under Articles 226 and 227 of the Constitution of India to quash the impugned endorsement issued by the respondent No.3 dated 02/08/2017 vide Annexure-A etc.
This writ petition coming on for further hearing this day, the Court made the following;
ORDER Heard the learned counsel for the petitioner and the learned counsel for respondent-University.
2. Petitioner has approached this Court praying following reliefs;
“ i) Issue a writ of certiorari or ay other appropriate writ and quash the impugned endorsement issued by the 3rd respondent vide No.Reg(E)/RGUHS/Ph-med/2017-18/52 dated 02/08/2017 vide Annexure-A.
ii) Issue an appropriate writ, order or direction declaring that the practical examination including Clinical and Viva Voce examination conducted by respondent No.3 in respect of examination held during May-June 2017 as null and void;
iii) Issue an appropriate writ or order or direction to the 2nd and 3rd respondent to conduct Practical Examination including clinical and Viva Voce re-examinations in a neutral examination centre with a different examiner; and iv) Grant such other relief as may deem fit to the facts and circumstances of this writ petition in the interest of justice and equity. “ 3. This Court by order dated 07/11/2017 had directed the University to place on record the names of the approved examiners attached to the Medical College at Kalaburagi, BIdar, Dharwad and Hubli. Subsequently, by order dated 16/11/2017 Clinical Examinations were conducted by the examiners by imposing certain conditions. Pursuant to the same, Practical Examinations have been conducted and the results were placed before this Court in a sealed cover. Thereafter, by order dated 15/12/2017 sealed cover was opened and marks obtained by the petitioner were noted and the marks sheets were returned to the respondent-University to announce the results.
4. Today, a memo is filed by the learned counsel for respondent Nos.2 and 3, which reads as under;
“ The advocate for the Respondent No.2 and 3 humbly submits as under:
1.It is humbly submitted that the petitioner has filed the above writ petition seeking for relief in the writ in nature of certiorari to quash the impugned endorsement issued by the Respondent No.3 and other appropriate reliefs.
2.It is humbly submitted that petitioner bearing Reg No 13MG332 has completed his course and his convocation certificate bearing No.53201 and has been dispatched vide Docket No EK311468687IN dated 08/05/2018. A copy of the letter dated 08/07/2019 is herewith produced and marked as DOCUMENT No.1.
3.It is humbly submitted that in view of completion of his course and his convocation certificate bearing No.53201 being dispatched, the above writ has become infrutuous.
4. It is humbly submitted that the University would not direct the petitioner to surrender the convocation certificate in relation to the Post Graduate Degree in General Medicine in respect of the above matter.
WHEREFORE, it is humbly prayed that this Hon’ble Court may be pleased to dispose of the petition as the petitioner has completed his course and his convocation certificate bearing No.53201 being issued, the above petition has become infructuous and the same may be disposed of in the interest of justice and equity.”
5. It is contended by the respondent/University that in view of announcement of results, awarding of marks, issuance of convocation certificate, the present writ petition has become infructuous.
6. In that view of the matter, memo as well as submission are taken on record.
7. Petition is disposed of as having become infructuous.
Sd/- JUDGE Msu