IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION No.42029/2017 BETWEEN:
MANOJ YADAV S/O. S.H. DINESH YADAV, AGED ABOUT 28 YEARS, STUDENT, RESIDING AT MOH-NAI SARAI, WARD NO.22, NEAR SEN CHOWK, NARNAUL TALUK, DISTRICT MAHINDERGARH, NARNAUL – 123 001 HARYANA STATE. ... PETITIONER (BY SRI: AKKAMAHADEVI HIREMATH, ADVOCATE) AND:
1. THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE, 4TH ‘T’ BLOCK, JAYANAGAR, BANGALORE – 5600 41.
2. M.R. MEDICAL COLLEGE, KALABURGI KALABURGI DISTRICT – 585 101 REPRESENTED BY ITS PRINCIPAL. ... RESPONDENTS (BY SRI: N.K. RAMESH, ADVOCATE FOR R-1) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO CONDUCT REVALUATION OF THE PG-DIPLOMA IN DA- ANESTHESIOLOGY PAPER 1, 2 AND 3 OF THE PETITIONER BY REFERRING TO THE 5TH EXAMINOR.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, COURT MADE THE FOLLOWING:
O R D E R This writ petition is listed for preliminary hearing – “B” Group.
2. The petitioner has sought a direction to the first respondent-University to conduct revaluation of papers 1, 2 and 3 in DA-Anesthesiology in P.G. Diploma Course by referring the said papers to the fifth Examiner.
3. Learned counsel for the petitioner submits that having regard to the notification dated 17.10.2017 issued by the first respondent-University, the petitioner is entitled to fifth valuation of the answer scripts and that the benefit of the said notification may be given to the petitioner as the said notification applies in respect of all examinations conducted from 2017 and onwards and that the petitioner appeared for the said examination in May 2017.
4. Learned counsel for the first respondent- University fairly submits that there is such a notification issued by the University. He has also made available a copy of the said notification along with a memo. Therefore, he submits that the petitioner is entitled to fifth valuation in terms of the said notification.
5. The said notification has been issued under Section 35 of the Rajiv Gandhi University of Health Sciences Act, 1994, in supercession of earlier notification issued in that regard. The relevant portion of the said notification reads as under:-
“In exercise of the powers conferred under section 35 of RGUHS Act 1994 and in supersession of earlier notifications issued in this regard, it is notified that the valuation of answer scripts of Post Graduate Degree and Diploma Courses of Medicine, Dentistry, Ayurveda & Homoeopathy examinations shall be as under:-
a) All answer scripts shall be subjected to FOUR valuations independently by FOUR eligible examiners.
b) In the answer script, if the difference in the marks awarded between four evaluators is equal to or more that 15%, such answer scripts shall be referred to 5th valuation.
c) The best four marks out of the five valuations shall be considered for arriving at average marks for final computation of the results.
d) The marks awarded and the results declared as per this notification shall be final.
The above modification shall be applicable for the examinations conducted during May – 2017 and onwards.”
6. As the petitioner herein appeared for the examination in May 2017, in respect of which he is seeking reference to the fifth evaluator, he is entitled to the relief sought by him in the writ petition.
7. In the circumstances, the first respondent is directed to refer DA-Anesthesiology papers 1, 2 and 3 of the petitioner to the fifth evaluator in accordance with the said notification and in accordance with law. On revaluation, the petitioner shall be notified the result of the same. The said direction shall be complied with within a period of one week from the date of release of the certified copy of this order.
8. With the aforesaid direction and observation, the writ petition is allowed. No Costs.
Sd/- JUDGE *alb/-.