IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT APPEAL Nos.2275-2293 OF 2018 (EDN-RES) IN W.A.NO.2275/2018 BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REP. 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 ... APPELLANTS (BY SRI N K RAMESH, ADVOCATE) AND:
1. MISS.NISHCHITHA H D/O HARINATH E AGED ABOUT 22 YEARS REG NO.16 M1391, R/O NO.8, 1ST FLOOR, BHAVAN, HBCS LAYOUT, NEAR VODAPHONE , BSK 3RD STAGE BENGALURU – 560 085 2. KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES, BANASHANKARI 2ND STAGE, BENGALURU - 560 070 REP. BY ITS PRINCIPAL. … RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2276/2018 BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REP. 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 ... APPELLANTS (BY SRI N K RAMESH, ADVOCATE) AND:
1. MR.MALLINATH S.M. S/O MR.SHIVAPPA.T.M AGED 21 YEARS REG.NO.14 M 5839 ROOM NO.507, BMCRI UG BOYS HOSTEL ROYAN CIRCLE, CHAMRAJPET, BANGALORE - 560 018.
2. BANGALORE MEDICAL COLLEGE, AND RESEARCH INSTITUTE FORT, K.R.MARKET, BANGALORE - 560 002 BY ITS PRINCIPAL …RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2277/2018 BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REP. 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 ... APPELLANTS (BY SRI N K RAMESH, ADVOCATE) AND:
1. MR.PRATEEK JAIN S/O MR.DAYACHAND JAIN AGED 25 YEARS REG.NO.10M 0084 R/O BMCRI UG GENTS HOSTEL PLACE ROAD, GANDHI NAGARA BANGALORE - 560 009.
2. BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE FORT, K.R.MARKET BANGALORE - 560 002 BY ITS PRINCIPAL …RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2278/2018 BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REP. 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 ... APPELLANTS (BY SRI N K RAMESH, ADVOCATE) AND:
1. MR.S.AATHISH KUMAR S/O S.SUBRAMANAYAM AGED 19 YEARS REG.NO.160916 R/O BOYS HOSTEL DR.AMBEDKAR MEDICAL COLLEGE & HOSPITAL NO.24, KADUGONDANAHALLI, BANGALORE - 560 045.
2. DR.AMBEDKAR MEDICAL COLLEGE AND HOSPITAL NO.24, KADUGONDANAHALLI, BANGALORE - 560 045 REP. BY ITS PRINCIPAL …RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2279/2018 BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REP. 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 ... APPELLANTS (BY SRI N K RAMESH, ADVOCATE) AND:
1. MR.ARAVIND V.S. S/O DR.V.P.SAJEEV, AGED ABOUT 22 YEARS REG.NO.14M7525 R/O VATTAMTHALAYIL HOUSE, NEAR OLD M.C.ROAD, MUVATTUPUZHA, ERNAKULAM DISTRICT-686 661 2. A.J. INSTITUTE OF MEDICAL SCIENCES & RESEARCH CENTRE, N.H.66, KUNTIKANA, MANGALORE-575 004 REP. BY ITS PRINCIPAL. …RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2280/2018 BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REP. 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 ... APPELLANTS (BY SRI N K RAMESH, ADVOCATE) AND:
1. MR.KARTHIK VIJAYAKRISHNA S/O R.VIJAYAN, AGED ABOUT 23 YEARS REG.NO.12M7560, R/O FLAT NO.302, OLIVE APARTMENTS, 1ST CROSS, KAPIKAD, MANGALORE- 575 004 2. A.J. INSTITUTE OF MEDICAL SCIENCES & RESEARCH CENTRE, N.H.66, KUNTIKANA, MANGALORE - 575 004 REP. BY ITS PRINCIPAL …RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2281/2018 BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REP. 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 ... APPELLANTS (BY SRI N K RAMESH, ADVOCATE) AND:
MR.SHREYAS KOLOLGI S/O DR.PRAKASH D KOLOLGI, AGED 21 YEARS REG.NO.15M4178 C/O MR.KARIBASAPPA, NO.7, 4TH CROSS, CENTRAL EXCISE LAYOUT, VIJAYANAGAR, BENGALURU - 560 040. … RESPONDENT (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2282/2018 BETWEEN:
1. REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU – 560 041 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU – 560 041 REP. BY ITS VICE CHANCELLOR ... APPELLANTS (BY SRI N K RAMESH, ADVOCATE) AND:
1. TEJASWINI P D/O K.V.PRAKASH BABU, AGED ABOUT 24 YEARS R/AT NO.189, 4TH CROSS, CENTRAL EXCISE LAYOUT, BOPPASANDRA, SANJAYNAGAR, BENGALURU - 560 094.
2. RAJARAJESHWARI MEDICAL COLLEGE AND HOSPITAL ANCHEPALYA MYSORE ROAD, BENGALURU - 560 074 REP. BY ITS PRINCIPAL … RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NOS.2283-2284/2018 BETWEEN:
1. REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU – 560 041 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU – 560 041 REP. BY ITS VICE CHANCELLOR ... APPELLANTS (BY SRI N K RAMESH, ADVOCATE) AND:
1. PEDDIBOYANA PRATYUSHA D/O P.VARAPRASAD, AGED ABOUT 18 YEARS, #1925, GURU NAMANA, 3RD CROSS ROAD, 3RD MAIN ROAD, KENGERI SATELLITE TOWN, BENGALURU - 560 060.
2. HARSH BANSAL S/O SANJAY BANSAL, AGED ABOUT 20 YEARS NO.347, GROUND FLOOR, MAY FILED GARDEN SECTOR-51 GURGAON HARYANA - 122 018 3. RAJARAJESHWARI MEDICAL COLLEGE AND HOSPITAL KAMBLAPURA, MYSORE ROAD, BENGALURU - 560 074 REP. BY ITS REGISTRAR. … RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2285/2018 BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REP. 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 (BY SRI N K RAMESH, ADVOCATE) AND:
1. MR.KRISHNA SRI. CHARAN S/O. KUPPUN SWAMY KURUVADA, AGED ABOUT 21 YEARS REG. NO.16M3141, ... APPELLANTS R/O. VIJAYASRI ELIXIR APARTMENT NO. 220, BOREWELL ROAD, NALLURAHALLI, WHITEFIELD, BENGALURU – 560 066 2. VYDEHI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, NO. 82, 2ND B ROAD, VIJAYANAGAR, NALLURAHALLI, WHITEFIELD, BENGALURU – 560 066.
REP. BY ITS PRINCIPAL … RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2286/2018 BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REP. 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 (BY SRI N K RAMESH, ADVOCATE) AND:
1. MISS. AYSHA ZUHA D/O. ABDUL REHIMAN, AGED ABOUT 21 YEARS REG NO.14M7533, R/O. 901, PLAMA OCEANIC, BEJAI, MANGALORE – 575 004 2. A J INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, N.H. 66, KUNTIKANA, MANGALORE - 575 004, ... APPELLANTS REP. BY ITS PRINCIPAL … RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2287/2018 BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REP. 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 ... APPELLANTS (BY SRI N K RAMESH, ADVOCATE) AND:
1. MR.SRIRAM YARESHIMI S/O. VIVEKANANDA YARESHIMI, AGED ABOUT 19 YEARS REG NO.16M6348, C/O. SANJEEVAPPA KAMATEGERAPETE, SIDLAGHATTA, NEAR RAGHAVENDRA SWAMY TEMPLE, CHIKKABALLAPURA DISTRICT – 562 105 2. AKASH INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, PRASANNA HALLI, MAIN ROAD, NEAR KEMPEGOWDA INTERNATIONAL AIRPORT, DEVANAHALLI, BENGALURU – 562 110.
REP. BY ITS PRINCIPAL … RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2288/2018 BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REP. 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 ... APPELLANTS (BY SRI N K RAMESH, ADVOCATE) AND:
1. MISS. KOKKANTI VARSHITHA D/O. MR. KVN REDDY, AGED ABOUT 21 YEARS REG. NO.16M6300, R/O. NO. 4B, SRINIVASANILAYAM, 3RD CROSS, SANDYAGAPPA LAYOUT, MARIYANNAPALYA, BENGALURU-560 024 2. AKASH INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, PRASANNA HALLI, MAIN ROAD, NEAR KEMPEGOWDA INTERNATIONAL AIRPORT, DEVANAHALLI, BENGALURU – 562 110.
REP. BY ITS PRINCIPAL …RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2289/2018 BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REP. 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 ... APPELLANTS (BY SRI N K RAMESH, ADVOCATE) AND:
1. MR.SAUBHIK SHETTY S/O. SATEESH KUMAR SHETTY, AGED ABOUT 19 YEARS REG. NO.16M5347, R/O. NO. 70, 1ST STAGE. 6TH-B-CROSS, BRINDAVAN EXTENSION, MYSORE – 570 020 2. A J INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, N H 66, KUNTIKANA, MANGALORE – 575 004.
REP. BY ITS PRINCIPAL … RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2290/2018 BETWEEN:
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND HOSPITAL 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU – 560 041 REP. BY ITS REGISTRAR (EVALUATION) ... APPELLANT (BY SRI N K RAMESH, ADVOCATE) AND:
1. HARSHITH Y PETKAR S/O. YELLESH BABU S C, AGED ABOUT 22 YEARS R/AT NO.21, M THIMMAIAH LAYOUT, 3RD STAGE, 2ND BLOCK, WOC ROAD, BASAVESHWARA NAGAR, BENGALURU – 560 089 2. SRI.SDM COLLEGE OF MEDICAL SCIENCES AND HOSPITAL SATTUR, DHARWAD, REP. BY PRINCIPAL, PIN – 580 001 … RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2291/2018 BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA REP. 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 ... APPELLANTS (BY SRI N K RAMESH, ADVOCATE) AND:
MISS. SINCHANA SHETTY D/O.VIJAYA KUMAR A, AGED ABOUT 18 YEARS REG. NO.16M5364, R/AT NO.409, BLUE BERRY PLATINUM FLAT, DEREBAIL, MANGALORE - 575 006 … RESPONDENT (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2292/2018 BETWEEN:
THE REGISTRAR VALUATIONS, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES KARNATAKA 4TH T BLOCK, JAYANAGAR, BENGALURU – 560 041 … APPELLANT (BY SRI N K RAMESH, ADVOCATE) AND:
1. SRI.SHASHIKUMAR BHIMAGOUDA MIRJE S/O. BHIMAGOUDA, AGED ABOUT 22 YEARS R/AT SHANWALE TOWER, OPP. AL AMEN MEDICAL COLLEGE, VIJAYPUR - 591 108 2. THE PRINCIPAL AL AMEN MEDICAL COLLEGE, VIJAYPUR - 591 108 … RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) IN W.A.NO.2293/2018 BETWEEN:
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES FOR KARNATAKA 4TH T BLOCK, JAYANAGAR, BENGALURU – 560 041 REP. BY ITS REGISTRAR ( EVALUATION) … APPELLANT (BY SRI N K RAMESH, ADVOCATE) AND:
1. SHRI. PAVAN S S/O. K.SRINIVASAN, AGED ABOUT 22 YEARS R/AT MVJ MEDICAL COLLEGE AND RESEARCH HOSPITAL, HOSKOTE - 562 114 2. MVJ MEDICAL COLLEGE AND RESEARCH HOSPITAL, HOSKOTE – 562 114.
REP. BY ITS PRINCIPAL ... RESPONDENTS (BY SRI.ABHISHEK MALIPATIL, ADV. FOR C/R1) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE COMMON FINAL ORDER DATED 6/6/2018 PASSED BY THE LEARNED SINGLE JUDGE IN WP 58414/2017 C/W 14447/2018,
19774/2018, 58283/2017 AND 10795/2018.
THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING, THIS DAY, DEVDAS J., DELIVERED THE FOLLOWING:
O R D E R There is a delay of 12 days in filing these appeals. Accepting the cause shown in the affidavit accompanying the application, IA No.2/2018 is allowed. Delay of 12 days in filing the appeals condoned.
2. Rajiv Gandhi University of Health Sciences, is before this Court in these appeals questioning the common order passed by the learned Single Judge directing the appellant- University to re-evaluate certain papers of respondent-students.
3. The learned counsel for the appellant as well as the caveator-respondent No.1 would submit that the basis on which the impugned order was passed, has now been removed since the Regulations covering the aspects of revaluation found in Ordinance 2012, has now been succeeded by a new Ordinance promulgated in the month of March, 2019. Moreover, it is submitted by the learned counsel for the caveator-respondent No.1 that the matters have become infructuous since subsequent examinations have also been conducted by the appellant-University. The only grievance voiced on behalf of the appellant-University is that the orders passed by the learned Single Judge should not be treated as a precedent.
4. In view of the subsequent development of issuance of the fresh ordinance, the question of treating the orders of the learned Single Judge as a precedent may not occur. In view of the above, this court deems it fit to dispose of these matters as having become infructuous. Needless to observe that the orders passed by the learned Single Judge shall not be treated as a precedent. It is also needless to observe that revaluation shall be permissible only in accordance with the Regulations governing the aspects of revaluation.
Appeals are accordingly disposed of.
Sd/- JUDGE Sd/- JUDGE lnn