IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRI PETITION No.35712/2019 (EDN – RES) BETWEEN :
Dr. SUNITHA KAGGAL W/O M.MADHU BABU, AGED ABOUT 34 YEARS R/AT #9, 3RD FLOOR, 10TH C CROSS, SANJEEVAPPA LAYOUT, NAGAVARA PALYA MAIN ROAD, C.V.RAMAN NAGAR, BENGALURU-560 093. ...PETITIONER (BY SRI ASHWATH C.M., ADV.) AND :
1 . THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF MEDICAL EDUCATION M.S.BUILDING, 7TH FLOOR DR.AMBEDKAR ROAD, BANGALORE-560 001 REP BY ITS PRINCIPAL SECRETARY.
2 . RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR, BANGALORE-560 041 REP BY ITS REGISTRAR.
3 . THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR, BANGALORE-560 041.
4 . SRI HASANAMBA DENTAL COLLEGE AND HOSPITAL VIDYANAGAR, HASSAN-573 202 REP BY ITS PRINCIPAL 5 . Dr. REJI ABRAHAM PROFESSOR AND HEAD OF THE DEPARTMENT DEPT. OF ORTHODONTICS AND DENTOFACIAL ORTHOPAEDICS SRI HASANAMBA DENTAL COLLEGE AND HOSPITAL VIDYANAGAR, HASANA-573 202 …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA FOR R-1; SRI N.K.RAMESH, ADV. FOR R-2 & R-3; SMT.NALINA MAYEGOWDA, ADV. FOR R-4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY THE R-3 DATED 02.08.2019 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has challenged the endorsement issued by the respondent No.3 dated 2.8.2019 inter alia seeking a direction to declare the practical including clinical and viva-voce examination conducted by the respondent No.3 in respect of examination held on 27th and 28th of May 2019 as null and void as far as the petitioner is concerned and further to direct the respondent Nos.2 and 3 to conduct practical examination including clinical and viva-voce re-examinations in a neutral examination centre with a different examiner.
2. The petitioner is pursuing post graduate degree in Orthodontics and Dentofacial Orthopedics. It is submitted that the petitioner has cleared theory papers of 3rd year, but failed in practical examination including clinical and viva- voce held on 27th and 28th of May 2019. It is alleged that she was subjected to the ill-will of her teacher Dr.Reji Abraham (respondent No.5). On the request made by the petitioner for revaluation/re- examination of the practical examination, the same has been rejected vide endorsement dated 2.8.2019, impugned herein. Hence, the present writ petition.
3. Learned counsel for the petitioner inviting the attention to Annexures-K1 and K2 submitted that the columns in the viva-voce answer book as well as the practical answer book, inasmuch as the name of the examiners and the marks awarded are left blank, only the total marks has been awarded which determines the premeditated mind of the respondent No.5 to fail the student in the viva-voce practical examination.
4. Learned counsel for the respondent University submitted that the Regulations of the University do not permit for re-conducting the practical examination/viva- voce examination. The allegation made by the petitioner has no basis.
5. Learned counsel for the respondent Nos.4 and 5 submits that the viva-voce and practical examination has been conducted strictly adhering to the procedure prescribed under the Regulations and on the complaint made by the petitioner, an enquiry has been conducted and the enquiry report has been submitted to the University. The Enquiry Report clearly establishes that the allegations made by the petitioner are not proved.
6. I have carefully considered the submissions of the learned counsel for the parties and perused the material on record.
7. The viva-voce answer book as well as the practical answer book at Annexures K1 and K2 evinces the irregularities committed by the examiners. It is mandatory for the examiners to comply with the procedure prescribed in entering the names of the examiners and the marks awarded by each examiner, but the same is left blank. The said glaring irregularities are ex-facie apparent. The purpose and object of constituting the team of examiners for conducting viva-voce and practical examination for the P.G.Course would be defeated in the absence of the individual marks recorded by each examiner. Moreover, there is overwriting in the total marks entered in the practical answer book which is not satisfactorily explained by the respondents. For the aforesaid flaws found in the books pertaining to viva-voce and practical examination, the grievance of the petitioner requires to be redressed by the University.
8. Hence, the endorsement issued by the respondent No.3 dated 2.8.2019 at Annexure-A is quashed. The respondent University shall re-conduct the viva voice and practical examination of the petitioner in Orthodontics and Dentofacial Orthopedics subject, in any neutral examination centre with different examiners. Compliance shall be made in an expedite manner.
Writ petition stands disposed of, in terms of the above.
Sd/- JUDGE Dvr: