Karnataka High Court
Aaliya Fatima A Maldar vs Rajiv Gandhi University on 19 February, 2019
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2019
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION Nos.5799-5812/2019 (EDN-RES)
BETWEEN
1. AALIYA FATIMA A. MALDAR
AGED 19 YEARS
D/O. ABDUL MUNAF
R/O AKSHATHA PG
4TH MAIN, 5TH CROSS
K.H.B.COLONY
BASAVESHWARA NAGARA
BENGALURU - 560 079.
2. DANESHWARI
AGED 19 YEARS
D/O. RAMESH
GHMC GIRLS HOSTEL
K.H.B.COLONY
BASAVESHWARA NARAGA
BENGALURU - 560 079.
3. DHANUSHREE G.S.
AGED 19 YEARS
D/O. GOPALAKRISHNA M.B.
GANGAMMA ROAD
HOSAKOTE - 562 114.
4. JAYASIMHA B.N.
AGED 21 YEARS
S/O. NAGESHAIAH
#149, 15TH MAIN ROAD
WATER TANK, BASAVESHWARANAGAR
BENGALURU - 560 079.
2
5. LEKHA V
AGED 20 YEARS
D/O. VEDAMURTHY
#13, SHIVA KRUPA
NHSS LAYOUT, PLAN-2
PRASHANTHA NAGAR
BENGALURU - 560 079.
6. MUSKAN RABIYA KULSUM
AGED 20 YEARS
D/O. SYED ABDUL HAFEEZ
#25, 4TH MAIN, CHINNAYAPALYA
BENGALURU - 560 030.
7. NAEEM A. SHAIKH
AGED 19 YEARS
S/O. AKTHAR ALI SHAIKH
#149, 15TH MAIN ROAD
WATER TANK, BASAVESHWARANAGAR
BENGALURU - 560 079.
8. NAGMA ARA
AGED 19 YEARS
SYED ASLAM
#80, 10TH CROSS, WEST OF
PADARAYANAPURA
BENGALURU - 560 026.
9. PRATHIBHA B.
AGED 19 YEARS
D/O. NAGARAJ B.
R/O. AKSHATHA PG
4TH MAIN, 5TH CROSS
K.H.B.COLONY
BASAVESHWARA NAGARA
BENGALURU - 560 079.
10. SANDHYA K
AGED 19 YEARS
D/O. KUMARA SUBRAMANYA
3
#140, MANJUNATHA KRUPA
2ND STAGE, 7TH MAIN
BASAVESHWARANAGARA
BENGALURU - 560 079.
11. SHIVARAJKUMAR KAMBLE
AGED 19 YEARS
S/O. SATHYAPPA KAMBLE
BCM HOSTEL, 3RD CROSS
RAMAKRISHNA LAYOUT
MALAGALA
BENGALURU NORTH - 560 091.
12. SOUMYA
AGED 19 YEARS
D/O. RADHAKRISHNA
R/O. AKSHATHA PG
4TH MAIN, 5TH CROSS
K.H.B.COLONY
BASAVESHWARA NAGARA
BENGALURU - 560 079.
13. VISHAL C. SAJJAN
AGED 19 YEARS
S/O. CHANNAPPA
#149, 15TH MAIN ROAD
WATER TANK, BASAVESHWARANAGAR
BENGALURU - 560 079.
14. MOHAMMED SOFI
AGED 20 YEARS
S/O. ABDUL RASOOL
GKVK UG BOYS HOSTEL
VIGNANA KENDRA
GKVK, YELAHANKA
BENGALURU - 560 065. ... PETITIONERS
(BY SRI DIVYATEJ H.N., ADVOCATE)
4
AND
1. RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES
REPRESENTED BY ITS
VICE-CHANCELLOR/REGISTRAR
4TH BLOCK, EAST
PATTABHIRAMANAGAR, JAYANAGAR
BENGALURU - 560 041.
2. CENTRAL COUNCIL OF HOMEOPATHY
REPRESENTED BY ITS SECRETARY,
JAWAHARLAL NEHRU BHARATHIYA
CHIKITSA AVUM HOMEOPATHIC
ANUSANDHAN BHAVAN,
61-65, INSTITUTIONAL AREA
OPP. D BLOCK, JANAKPURI
NEW DELHI - 110 058.
3. THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF AYUSH
AYUSH BHAVAN, B-BLOCK
G.P.O. COMPLEX
INA, NEW DELHI - 110 023.
4. THE STATE OF KARNATAKA
REPRSENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF AYUSH
VIDHANA SOUDHA
BENGALURU - 560 001. ... RESPONDENTS
(BY SRI. N.K.RAMESH, ADV. FOR R1;
SMT. S.S.NAGASHREE, AD. FOR R2;
SMT. PRAMODHINI KISHAN, AGA FOR R4;
SRI. BIRDY AIYAPPA, CGC FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
5
TO GRANT OR EXTEND RELIEFS WHICH WERE GRANTED
IN W.P.NOS.55322/2018 & 55987/2018 (KARUNAKAR H.N.
AND ANOTHER VS. RAJIV GANDHI UNIVERSITY OF HEALTH
SCIENCES AND OTHERS) TO THE PETITIONERS SINCE THE
FACT MATRIX OF THIS W.P. MATCHES WITH THAT OF
W.P.NOS.55322/2018 & 55987/2018 (EDN-RES)
PRODUCED AT ANNEXURE-K.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING 'B' GROUP THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
Learned counsel appearing for the contesting respondents submits that the subject matter of these writ petitions is substantially similar to the one in cognate W.P.Nos. 55322/2018 and 55987/2018 (EDN-RES) disposed off by this court vide judgment dated 28.01.2019 and therefore, these writ petitions are to also be disposed off accordingly.
2. Paragraph Nos. 2, 3 and 4 of the said judgment read as under:
"2. The learned Sr. Panel Counsel for the respondent-University after arguing for some time fairly submits that, regardless of the legal contentions, this matter can be put to rest inasmuch as the supplementary examinations in question shall be conducted preferably within the month of 6 February 2019 and that the petitioners would be permitted to take the examinations of the next level of the regular course if they pass in the imminent examination.
3. Keeping the statement made on behalf of the respondent-University on record, these writ petitions are disposed off.
4. Since holding of the supplementary examination and announcement of results thereof will take some time, the petitioners shall forthwith be permitted to attend the classes of the next level of the regular course which shall be subject to the result of their examinations in question and that the shortage of their attendance in the next level classes shall be leniently viewed by the University inasmuch the supplementary examinations in question are being conducted belatedly, with no fault attributable to the students".
3. In the above circumstances, these writ petitions are also disposed off, in the same terms as mentioned above.
Sd/-
JUDGE KA/-