IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT W.P.NO.8535 OF 2019 (EDN-RES) BETWEEN SANKET KASHIMPUR, S/O NAGARAJ, AGED ABOUT 25 YEARS, C/O SIDAPPA AGARKHED, 9TH CROSS, ATTUR MUNEESHWAR LAYOUT, YELHANKA, BENGALURU – 64. ... PETITIONER (BY SRI.SUHAAS G.B.S, ADVOCATE) AND 1. VICE-CHANCELLOR, RAJIV GANDHI UNIVERSITY, 4TH T BLOCK, JAYANAGAR, BENGALURU-560041.
2. REGISTRAR EVALUATOR, RAJIV GANDHI UNIVERSITY, 4TH T BLOCK, JAYANAGAR, BENGALURU-560041. ... RESPONDENTS (BY SRI.N.K.RAMESH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO R-1 TO CONSIDER THE ANSWER SHEET OF THE SUBJECTS I.E., MOULIKA SIDDANTA FOR THE REVALUATION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The short grievance of the petitioner-Ayurveda student is against the non-forwarding of his subject answer scripts relating to Moulika Siddanta for the 3rd evaluation in terms of 2012 Ordinance of the respondent-University, keeping in view Para 25 of the judgment dated 21.12.2008 rendered by this court in cognate Writ Petition Nos.48194-198/2018 & other connected W.P.No.44342/2016.
2. The learned Senior Panel Counsel for the respondent- University having accepted notice on request, submits that the percentage difference has to be worked out in view of the algebraic formula furnished by this court in Para 25 of the aforesaid judgment since it is a U.G. Course involving only two valuations in terms of MCI Regulations as interpreted by this court and therefore, such liberty has to be reserved to the respondent- University. He also submits that if the percentage difference is 15 or more, then as a matter of course, the 3rd evaluation would take place and that the anxiety of the petitioner therefore, may not be justified.
In the above circumstances, reserving liberty as aforesaid to the University, a conditional Writ of Mandamus issues to the 2nd respondent-Registrar (Evaluation) of the 1st respondent-University to cause 3rd revaluation of petitioner’s answer paper concerning i.e., Moulika Siddanta, if the percentage difference of two valuations is 15 or more within two weeks.
No costs.
Sd/- JUDGE cbc