IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.4113 OF 2019 (EDN-EX) BETWEEN:
Dr. Samuel Arun Kumar P S/o Perumalla Benjamin Arnold Age: 35 years, Reg.No.14MR780 R/o Flat No.101, Sai Krupa Apartments Bajai Anegudi, Mangaluru-575004 ... Petitioner (By Miss. Deeksha M.B., Advocate for 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 (By Sri N.K.Ramesh, Advocate for R1 and R2; Notice to R3 dispensed with) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent Nos.1 and 2 to conduct evaluation of the answer scripts of the subject MD-RADIO DIAGNOSIS of the PG Course examinations of November 2018 undertaken by the petitioner; in terms of the order dated 21.12.2018 passed by this Hon’ble Court in WP No.48194-48198/2018 and connected W.P. vide Annexure-F.
This writ petition coming on for preliminary hearing this day, the Court made the following:
ORDER The grievance of the petitioner medical student is against non forwarding of his answer papers for the fifth evaluation in terms of 2012 Ordinance of the respondent- University as interpreted by this Court in cognate Writ Petition Nos.48194-198/2018 and other connected matters, disposed off vide judgment dated 21.12.2018, a copy whereof is at Annexure-F.
2. On request, learned senior panel counsel Sri N.K.Ramesh, having accepted notice for the respondents 1 and 2, submits that there would be no much difficulty to consider the case of the petitioner for referring the subject answer scripts for fifth evaluation, if the percentage difference between the highest two evaluations of the four is 15% or above as interpreted by this Court at para 26 of the judgment (supra). This stand of the respondent-University is fair.
3. In view of the above, this Writ petition succeeds; a Writ of Mandamus issues directing the respondents 1 and 2 to consider petitioner’s claim for sending the subject answer scripts relating to MD-RADIO DIAGNOSIS of the PG Course examinations of November 2018, for the 5th evaluation, forthwith.
No costs.
Sd/- JUDGE Kmv