IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION No.6749 OF 2019 (EDN-RES) BETWEEN:
Priyanka.M, D/o Mahadevaiah, Aged about 21 years, R/a : Trinethra, 6th ‘B’ Cross, Maruthinagar, Tumkur – 5721012. … Petitioner (By Sri.D.R. Ravishankar, Advocate) AND:
1. Rajiv Gandhi University of Health Sciences, 4th T Block, Jayanagar, Bengaluru – 560 041. Represented by its Registrar.
2. Registrar Evaluation, Rajiv Gandhi University of Health Sciences, 4th T Block, Jayanagar, Bengaluru – 560 041. … Respondents (By Sri.N.K. Ramesh, Advocate) This Writ Petition is filed under Article 226 of the Constitution of India praying to direct the R-2 to refer answer scripts of Obstetrics and Gynecology Paper-I bearing Q.P.No.1098 for Revaluation (3rd Evaluation) in accordance with the orders Ordinance Governing Multiple Valuation, vide No.AUTH/III & V VALUATION/208/2012-13, DTD 15.06.2012 vide Annx-D, dated 15.06.2012 and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:
ORDER The learned counsel for the petitioner submits that the subject matter of this writ petition is substantially similar with that in cognate W.P.Nos. 48194-48198/2018 & connected matters disposed off by this Court on 21.12.2018 with the following observations.
“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.
It is needless to mention that the University would look into individual grievances of the petitioners in relation to pit falls in the Digital Valuation System and also examine their request for considering adoption of Model Key Answer System or any other desirable measure for making the present examination system more transparent and efficient.”
2. Banking upon the principle of parity, the learned counsel for the petitioner submits that the present petitioner too needs to be granted a similar relief. There being no derogatory circumstances, the assertion of the petitioner is not much opposed by the learned Senior Panel Counsel for the respondent-University, who, however justifies the right of ascertaining the matchability of the factuals.
3. In the above circumstances, this Writ Petition succeeds in part; a Writ of Mandamus issues to the respondent-University to refer petitioner’s answer scripts of Obstetrics and Gynecology Paper-I bearing Q.P.No.1098 for third evaluation in terms of the aforesaid judgment.
4. It is needless to mention that the petitioner shall be permitted to undergo internship, subject to the final result of the third evaluation and also subject to the rider that no plea of equity shall be put forward by the petitioner.
Sd/- JUDGE DS/-