IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.8455/2019 (EDN RES) BETWEEN MISS NEHA SARWATH AGED ABOUT 22 YEARS D/O. NOORUDDIN KHAN R/AT: NO.316, 5TH CROSS 1ST BLOCK RT NAGAR BENGALURU – 560032 ... PETITIONER (BY SRI NISHANTH A V, ADV.) AND RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU - 560041 REP. BY ITS REGISTRAR ... RESPONDENT (BY SRI N.K.RAMESH, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONDUCT THE EVALUATION OF ANSWER SCRIPT OF PERIODONTOLOGY Q.P. CODE:1192, ANSWERED BY THE PETITIONER IN ANSWER BOOKLET NUMBER"XXXXXXX275" IN THE DEGREE EXAMINATION OF 4TH YEAR B.D.S. HELD IN THE MONTH OF DECEMBER 2018 VIDE ANNX-D ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The learned senior Advocate Sri. Lakshminarayana appearing for the petitioner submits and this court thinks it right, that the subject matter of this writ petition is substantially covered by the judgment dated 21.12.2018 rendered by this court in cognate W.P. Nos.48194- 48198/2018 and other connected matters, a copy whereof is at Annexure-B and therefore, the relief granted to the litigants in the said writ petitions need to be granted to the petitioner herein also.
3. Learned senior panel counsel having accepted notice for respondent Nos.1 and 2 submits that the request of the petitioner to refer for the 3rd valuation can be considered subject to the percentage difference between the two valuations being 15% or more, in terms of 2012 Ordinance as interpreted by this court in the aforesaid cognate writ petitions and therefore, liberty be reserved to the University to ascertain the factuals. The stand of the University is fair and accordingly, liberty is reserved.
Para 26 of the aforestated judgment reads as follows:-
“26. In the 2012 Ordinance, fifth valuation is provided in the case of P.G. courses if the percentage difference in award of marks between the ‘four’ evaluators inter se, is 15% or more as contradistinguished from the 15% of the ‘maximum marks prescribed for the paper’. For U.G. Courses as already mentioned above, if the marks awarded by the first valuator is ‘a’, and that awarded by the second is ‘b’, then, answer paper goes for the third valuation if |x-y|/0.5 X (x+y) > 0.15. Similarly for P. G. Courses, if the marks (assumptively) awarded by first, second, third, and fourth evaluators are a, b, c, d, respectively, then answer paper goes for the fifth valuation if percentage difference between any two of the four evaluations, i.e., a, b, c, and d, is > 0.15, with the percentage difference calculated by the same formula |x-y|/0.5 X (x+y), where ‘x’ and ‘y’ are any two valuations, the paper goes for the fifth evaluation.”
In the above circumstances, subject to the liberty reserved to the respondent-University, a Writ of Mandamus issues to respondent Nos.1 and 2 to refer petitioner’s answer sheets in Oral Medicine, Radiology and Paedodontology for third valuation if the percentage difference between the two valuations is 15% or more, within two weeks.
Sd/- JUDGE Chs* CT-HR