IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.30270/2019 (EDN – RES) BETWEEN :
SRI SURAJ SURENDRA S/O H.SURENDRA, AGED 30 YEARS, R/AT NO.1403, SIDDHI, 3RD CROSS, 1ST STAGE, CHANDRA LAYOUT, VIJAYANAGAR, BENGALURU-560040 ...PETITIONER (BY SRI V.LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT.ANUSHA L. ADV.) AND :
1 . RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH BLOCK, JAYANAGAR, BANGALORE-560041 REP BY ITS REGISTRAR 2 . THE REGISTRAR OF EVALUATION RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH T BLOCK, JAYANAGAR, BANGALORE-560041 …RESPONDENTS (BY SRI N.K.RAMESH, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR REVALUATION OF THREE SUBJECTS i.e., PAPER-I, PAPER-II AND PAPER-III AND (ANNEXURES-B, C AND D) BASED ON JUDGMENT OF THIS HON’BLE COURT DATED 21.12.2018 IN Dr. MENAKA MOHAN AND OTHERS V. THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND OTHERS, IN W.P.No.48194-48198/2018, DATED 21.12.2018 (ANNEXURE-A) AND EXTEND THE RELIEF OF REVALUATION TO THE PETITIONER IN THE ABOVE FOUR PAPERS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for a direction to the respondents for revaluation of the papers of the petitioner relating to P.G Medical Q.P.Code 7371/Paediatrics-TP1, 7372/Paediatrics-TP2 and 7373/Paediatrics-TP3. Though several grounds are raised in the petition, learned Senior counsel Sri.V.Lakshminarayana representing the petitioner would submit that no fourth evaluation of the papers have been made in terms of the Regulations of the University. It would be suffice if a direction is issued to the University to evaluate the answer scripts of the petitioner mentioned above in accordance with the Regulations referring to the fourth evaluation which is mandatory.
2. There is considerable force in the submissions made by the learned counsel for the petitioner. It is ex-facie apparent that only three evaluations have been done, it was obligatory on the part of the University to refer the answer papers to the fourth evaluator in terms of the Regulations of the Rajiv Gandhi University of Health Sciences. The respondent- University is directed to refer the answer papers of the petitioner relating to P.G Medical Q.P.Code 7371/Paediatrics-TP1, 7372/Paediatrics-TP2 and 7373/Paediatrics-TP3 to the fourth evaluation in terms of the Rajiv Gandhi University of Health Sciences Regulations and thereafter announce the results in an expedite manner.
Sd/- JUDGE Dvr: