IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT W.P.NO.9226 OF 2019 (EDN-RES) BETWEEN PRAJWALA KIRAN SWAMY, D/O DR.KIRAN SWAMY V S, AGED ABOUT 20 YEARS, REGISTAR NO.16M6384, R/O NO.337/1A, 4TH MAIN, 18TH CROSS, SADASHIVANAGAR, BENGALURU – 560 080. ... PETITIONER (BY SRI.SHIVARUDRAPPA SHETKAR, ADVOCATE) AND 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA, REPT BY ITS VICE-CHANCELLOR, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 041.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA, REP. BY ITS REGISTRAR (EVALUATION), 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 041. ... RESPONDENTS (BY SRI.N.K.RAMESH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO CONDUCT FRESH VALUATION IN RESPECT OF ANSWER SCRIPT OF “MICROBIOLOGY THEORY (QP CODE – 1084) SUBJECT UNDERTAKEN BY THE PETITIONER IN DECEMBER 2018 JANUARY 2019 AS PER THE CURRENT REGULATIONS AND CONSEQUENTLY DECLARE THE PETITIONER TO HAVE PASSED IN THE SAID EXAMINATIONS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The learned counsel for the petitioner submits and learned Senior Panel Counsel for the respondent-University Sri.N.K. Ramesh having accepted notice, does not much dispute that the subject matter of this Writ Petition is similar to the one in cognate W.P.Nos.48194-48198/2018 and other connected matters, disposed off by this Court vide judgment dated 21.12.2018, a copy whereof, is at Annexure – F and therefore, the learned counsel for the petitioner pressing into service the principle of parity submits that the petitioner herein too needs to be granted the same relief, there being no repugnant circumstances.
2. The learned Senior Panel Counsel for the respondent- University reserves right to ascertain the factuals asserted in the Writ Petition so that the percentage difference is 15 or above in terms of 2012 Ordinance of the respondent-University, is invokable, as interpreted by this Court in Para 25 of the aforesaid judgment. The said liberty accordingly is reserved.
In the above circumstances, this Writ Petition succeeds in part; a Writ of Mandamus issues to the respondent-University to subject the petitioner’s answer sheets in Microbiology Theory [Q.P. Code No.1084] for third valuation, within a period of two weeks, after ascertaining the factuals.
No costs.
Sd/- JUDGE cbc