IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 21ST DAY OF JUNE, 2017 BEFORE THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY WRIT PETITION NO.58210 OF 2016 (EDN - RES) BETWEEN:
MR. PRATEEK JAIN S/O DAYACHAND JAIN AGED ABOUT 26 YEARS REG.NO.10M0084 STUDYING 3RD YEAR MBBS COURSE FROM BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE FORT, K.R. ROAD BENGALURU – 560 002 …PETITIONER (BY SRI.ABHISHEK MALIPATIL, ADV.) AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REPRESENTED BY ITS VICE – CHANCELLOR 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU – 560 041 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REPRESENTED BY ITS REGISTRAR (EVALUATION) 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU – 560 041 3. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY MEDICAL EDUCATION DEPARTMENT MINISTRY OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA BENGALURU – 560 001 …RESPONDENTS (BY SRI. N.K. RAMESH, ADV. FOR R1 & R2;
SRI. NEELAKANTAPPA K PUJAR, HCGP FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 & 2 TO CONDUCT FRESH VALUATION IN RESPECT OF ANSWER SCRIPT OF OPHTHALMOGLOGY (QP CODE 1091) SUBJECT UNDERTAKEN BY THE PETITIONER IN JUNE – 2016 AS PER THE CURRENT REGULATIONS AND CONSEQUENTLY DECLARE THE PETITIONER TO HAVE PASSED IN THE SAID EXAMINATIONS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner is before this court seeking a writ of mandamus directing the respondent Nos. 1 and 2 to conduct fresh valuation in respect of answer script of Ophthalmology (QP Code:1091) subject undertaken by him in June, 2016 as per the current regulations and consequently declare the petitioner to have passed in the said examinations by considering his representation dated 01.09.2016 vide Annexure-D.
2. It is seen that the said representation has not been considered by the respondent Nos. 1 and 2 even after a lapse of more than a half year. Therefore, it is just and necessary to direct the respondent Nos. 1 and 2 to consider the representation of the petitioner dated 01.09.2016 vide Annexure-D and pass appropriate orders within a period of one month from the date of receipt of a certified copy of this order.
Writ petition is accordingly disposed of.
Sd/-
JUDGE Bsv