IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT R.P.NO.119 OF 2019 BETWEEN MS. GANGA SANTOSH, AGED ABOUT 20 YEARS, D/O MR. SANTOSH KUMAR, RESIDING AT VRNC, 12/2, SREESAILAM, SRI CHATAMBI SWAMY ROAD, POOJAPURA, THIRUVANANTHAPURAM – 695 001. ... PETITIONER (BY SRI.BALARAM M.L, ADVOCATE) AND 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES (RGUHS), ESTABLISHED UNDER THE ‘RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA ACT 1994’ 4TH ‘T’ BLOCK, PATTABHIRAMA NAGAR, JAYANAGAR, BENGALURU – 560 041. REPRESENTED BY ITS REGISTRAR (EVALUATION).
2. BASAVESHWARA MEDICAL COLLEGE, AFFILIATED TO RGUHS, BANGALORE, SJM CAMPUS, N H 4 BYPASS, CHITRADURGA – 577 502. REPRESENTED BY ITS EXECUTIVE DIRECTOR (ACADEMIC). ... RESPONDENTS (BY SRI.N.K. RAMESH, ADVOCATE FOR R1) THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE REVIEW PETITION UNDER SECTION 114 R/W ORDER 47 RULE 1 OF CPC, PRAYING THIS HON'BLE COURT TO ALLOW THE REVIEW; TO CURE THE ERROR IN THE ORDER DT.DECEMBER 21, 2018, PASSED BY THIS HON'BLE COURT IN THE ABOVE MATTER CONNECTED- WITH WP NOS. 48194-48198/2018, AS PLEADED IN PARAGRAPH 36 & 39 ABOVE, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS REVIEW PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This Review Petition, after notice having come before the court today, the learned Senior Panel Counsel for the respondent-University Sri.N.K. Ramesh has filed a Memo which reads as under:
“Pursuant to the clarificatory order dated 2.4.2019 passed by this Hon’ble Court in W.P.No.9226/2019, clarifying the judgment dated 21.12.2018 passed in W.P.No.48194-498/2018, the Respondents have withdrawn the endorsements issued to all the Petitioners of UG Courses and decided to consider their cases as per para 26 of the above judgment. Such of the Petitioners who qualify for consideration of their answer scripts as per Para 26, their scripts will be referred for third valuation. And the process for the above action has been initiated.
Under the above circumstances, this Review Petition does not survive for consideration as the Petitioner here will also get the same benefit”.
In terms of the Memo, the respondent-University standing tall, has agreed to consider the case of the petitioner afresh for referring her answer papers for the third valuation in terms of 2012 Ordinance as interpreted by this court at Para 26 of its judgment dated 21.12.2018 in cognate W.P.Nos.48194-498/2018 and other connected matters. The same being the prayer of the Review Petitioner, nothing much survives for adjudication.
The Review Petition is disposed off in terms of undertaking furnished by the respondent-University in the aforesaid Memo.
Sd/- JUDGE cbc