IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 56075 OF 2018 (EDN-RES) BETWEEN:
MISS. BINDU G M D/O MURTHY G N, AGE:19 YEARS, REG.NO.17M7059, R/O NO.7, YELLETTOLAPALYA, GOLLAHALLI, ANJANAPURA POST, BANGALORE-560062.
… PETITIONER (BY SRI. ABHISHEK MALIPATIL, ADVOCATE) AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH "T" BLOCK, JAYANAGAR, BENGALURU-560041.
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH "T" BLOCK, JAYANAGAR, BENGALURU-560070 3. KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES BANASHANKARI, 2ND STAGE, BANGALORE-560070. REPRESENTED BY ITS PRINCIPAL … RESPONDENTS (BY SRI. N K RAMESH, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.1 AND 2 TO CONDUCT FRESH VALUATION IN RESPECT OF ANSWER SCRIPTS OF ANATOMY AND PHYSIOLOGY SUBJECT OF THE 1ST MBBS COURSE EXAMINATIONS OF SEPTEMBER 2018 UNDERTAKEN BY THE PETITIONER BY SUBJECTING THE EVALUATION OF ANSWERS BY NOTIFIED EVALUATORS AT THE UNIVERSITY PREMISES UNDER DIRECT SUPERVISION OF THE UNIVERSITY; AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The subject matter of this writ petition is akin to the one in W.P. Nos. 48194-48198/2018 and other connected matters that has been disposed off by this Court vide judgment dated 21.12.2018 and therefore, the petitioner having been placed similarly, need to be granted the similar relief there being no circumstances that derogate against the grant of such relief.
2. The operative portion of the judgment mentioned above reads as under:
“In the above circumstances, these writ petitions succeed in part; a Writ of Mandamus issues to the respondent-University to send such of the Answer Papers of the petitioners only, wherein the percentage difference amongst the valuations (two in the case of U.G. course and four in the case of P.G. course, as the case may be) in terms of 15.06.2012 Ordinance as worked out in paragraphs 25 and 26 (supra) for third or fifth valuation as the case may be, forthwith.”
3. In view of the above, this writ petition too succeeds in part; a Writ of Mandamus issues to the respondent Nos. 1 and 2 to send such of petitioner’s answer papers as have the percentage difference amongst the two valuations (UG Course) in terms of the 15.06.2012 Ordinance as worked out in Paragraph No. 26 of the judgment supra, for carrying outthird valuation.
Till after and subject to the result of the third evaluation in terms of the direction above, the petitioner shall be permitted to attend the classes for the second year MBBS Course, subject to the rider that no plea of equity shall be put forth on the basis of this ad hoc arrangement.
Costs made easy.
Sd/- JUDGE Bsv