IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION No.50717/2018 (EDN-RES) BETWEEN Miss. Nafisa Miral D/o. E.V.Babu Sanjay Age: 19 years, Reg. No.17M6931 R/o Dr. B.R. Ambedkar Medical College Ladies Hostel, Kadugondanahalli Shampura Main Road Bangalore – 560 045. ... Petitioner (By 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. Rajiv Gandhi University of Health Sciences 4th ‘T’ Block, Jayanagar Bengaluru – 560 041 Rep. by its Registrar (Evaluation).
3. Dr. B.R. Ambedkar Medical College Kadugondanahalli Shampura Main Road Bangalore – 560 045 Represented by its Principal. ... Respondents (By Sri. N.K.Ramesh, Advocate for R1 & R2) This Writ Petition is filed under Articles 226 and 227 of Constitution of India praying to direct the respondent Nos.1 and 2 to conduct fresh valuation in respect of answer scripts of anatomy subjects of the I 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 Writ Petition coming on for orders this day, the Court made the following:
ORDER The short grievance of the petitioner is against non- forwarding of his answer sheets for the third valuation in terms of 2012 ordinance by respondent – University.
2. Learned panel counsel for respondent – University having accepted notice on request does not much dispute that the subject matter of this writ petition is akin to the one in cognate Writ Petition Nos.48194-198/2018 and other connected matters that have been disposed of by this Court vide judgment dated 21.12.2018.
3. There is force in the submission of the learned counsel for the petitioner that petitioner being similarly circumstanced, is entitled for similar relief on the principle of parity, in the absence of derogatory material.
4. In the above circumstances, this writ petition succeeds in part; Writ of Mandamus issues to the respondent – University to forward answer papers of petitioner to the 3rd valuation if the percentage difference of the marks awarded by the 2/4 valuators on the higher side is 15% or above as explained by this Court at paragraphs 25 & 26 of the said judgment, forthwith.
5. Keeping in view the best interest of the student, the petitioner shall be permitted to attend the classes of the next level subject to outcome of the 3rd valuation and subject to rider that no plea of equity would be put forth on the basis of this adhoc arrangement.
Sd/- JUDGE KA/-