IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.41021/2019 (EDN – RES) BETWEEN:
Dr. RESHMI K.M., D/O Mr. RAVEENDRANATH K.K., AGED ABOUT 39 YEARS, R/AT "ARCHANA" RAMANATTUKARA, VAIDYARANGADI KOZHIKODE-673633, KERALA ... PETITIONER [BY Ms. SEEMA SUDHEENDRAN, ADV.] AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES REP BY ITS REGISTRAR, 4TH T BLOCK, JAYANAGARA BANGALORE-560041 2. THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA BANGALORE-560041 3. THE KARNATAKA AYURVEDA MEDICAL COLLEGE REP BY THE CHAIRMAN KE.C.T. TOWERS, HOIGEBAIL ASHOKNAGAR MANGALORE-575006 …RESPONDENTS [BY Mr. N.K.RAMESH, ADV. FOR R-1 & R-2.] THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS FOR THE THIRD RE-EVALUATION OF THE EXAM RESULT ANNEXURE-C DATED 29.05.2019 OF PAPER I – RESEARCH METHODOLOGY AND BIOSTATICS IN THE P.G.COURSE – AYURVEDA OF THE PETITIONER BY AN INDEPENDENT EXAMINER.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The memo filed by the learned counsel for the petitioner is placed on record.
The petitioner has sought for a direction to respondents to evaluate the exam result of the petitioner relating to Paper I – Research Methodology and Biostatics in the P.G. Course – Ayurveda by an independent examiner.
2. The detailed statement of objections have been filed by the learned counsel for respondent Nos.1 and 2.
3. In terms of clause 5(ii) of the Notification dated 29.03.2019 issued by respondent – University – Ordinance Governing Post-graduation including Diploma and Superspeciality Valuations, all the answer scripts where the difference in award of total marks for the paper between two valuators in the general valuation as stated in 3(i)(b) is 15% or more of the maximum marks prescribed for the paper, shall be referred to a 3rd valuator for evaluation. The average of the best two total marks for the paper, awarded by the three evaluators, which is rounded off to the nearest value, shall be considered for final computation of the results. The marks awarded and the results declared after deviation valuation shall be the final and under no circumstances further valuation shall be entertained.
4. Indisputably in the present case, the difference in award of total marks for the Paper I – Research Methodology and Biostatics in the P.G. Course – Ayurveda is ‘14%’. Hence, in terms of the Ordinance of the University, no third revaluation is permissible.
Accordingly, the writ petition stands dismissed.
Sd/- JUDGE PMR