Karnataka High Court
Ms. Khushi Narayan vs Rajiv Gandhi University Of Health ... on 19 April, 2022
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE P.KRISHNA BHAT
WRIT PETITION No.7682 OF 2022 (EDN-RES)
BETWEEN:
1. MS. KHUSHI NARAYAN
D/O. VIKAS NARAYAN,
AGED ABOUT 22 YEARS,
REG. NO. 18M1014,
R/O. VYDEHI INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH CENTRE,
GIRLS HOSTEL,
NO.2, NELLURHALLI,
WHITEFIELD,
BENGALURU-560 066.
2. MR. KUNAL SAHU
S/O. SANTOSH KUMAR SAHU,
AGED ABOUT 20 YEARS,
REG. NO. 18M1018,
R/O. FLAT NO. 005G/F,
BUILD WELL HOMES,
BOREWELL ROAD,
NELLURHALLI,
WHITEFIELD,
BENGALURU-560 066.
3. MS. RAKSHA
D/O. R. MANIVASAGAN,
AGED ABOUT 23 YEARS,
REG. NO. 17M5574,
R/O. NO. 2E-202 ISRO QUARTERS,
2
NEAR HMT SCHOOL JALAHALLI,
BENGALURU-560 013.
4. MS. DHARSHINI. S
D/O. M. SUBASH,
AGED ABOUT 20 YEARS,
REG. NO. 18M0848,
R/O. NO. 47,
VINAYAKA ENCLAVE NO.1,
KEREGUDDAHALLI,
CHIKKABANAVARA POST,
BENGALURU-560 090.
5. MS. AISIRI K. SHETTY
D/O. KIRAN KUMAR SHETTY,
AGED ABOUT 21 YEARS,
REG. NO. 18M4490,
R/O. RASHMI KIRAN,
S.R. LAYOUT,
NEAR AISHWARYA FORT,
CHITRADURGA-577 501.
6. MS. CHIPPAGIRI CHINMAYEE
D/O. CHIPPAGIRI VENKATA RAMANA MURTHY,
AGED ABOUT 24 YEARS,
REG. NO. 16M0726,
R/O. NO. 528, 3RD STAGE,
10TH C MAIN,
AGB LAYOUT,
CHIKKASANDRA,
BENGALURU-560 057.
7. MR. REUBEN ROBERT. K
S/O. ROBERT EDWY.K,
AGED ABOUT 25 YEARS,
REG. NO. 15M3859,
R/O. NO.24/25,
AMS MANSION,
VINAYAKA LAYOUT,
3
WHITEFIELD,
BENGALURU-560 066.
8. MS. DIBYA DUTTA
D/O. DIPENDRA NATH DUTTA,
AGED ABOUT 24 YEARS,
UNIVERSITY REG. NO. 15M3433,
R/O. MVJ MEDICAL COLLEGE-GIRLS HOSTEL,
DANDUPALYA, 30TH KM MILESTONE,
NH-75, HOSKOTE-562 114..
...PETITIONERS
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041,
REP. BY ITS REGISTRAR.
2. THE NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR-8
DWARAKA PHASE 1
NEW DELHI-110 077
REPRESENTED BY THE
EXECUTIVE SECRETARY. ...RESPONDENTS
(BY SRI. HAREESH GANAPATHY, ADV. FOR RESPT.NO.1)
(BY SRI N. KHETTY, ADV. FOR RESPT.NO.2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO
CONDUCT 2 ADDITIONAL VALUATIONS OF THE FAILED
SUBJECTS OF THE MBBS (RS3) EXAMINATIONS OF FEBRUARY
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2022 UNDERTAKE BY ALL THE PETITIONERS, STRICTLY IN
TERMS OF REGULATION 13 OF THE MEDICAL COUNCIL OF INDIA
GRADUATE MEDICAL EDUCATIONS REGULATIONS, 1997,
INCLUDING DEVIATION VALUATIONS OF THERE BEING A
DIFFERENCE OF 15 PERCENT MARKS BETWEEN ALL THE
EVALUATORS, IN TERMS OF ORDER DATED 01.07.2021 PASSED
IN W.P.NO.10244/2021 AND CONNECTED WRIT PETITIONS VIDE
ANNEXURE-E AS PER THE LAW ALREADY DECLARED BY THIS
HON'BLE COURT IN THE EARLIER WRIT PETITIONS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY COURT MADE THE FOLLOWING:
ORDER
This Writ petition is filed seeking following prayers:
"i) Issue a writ or order or direction in the nature of mandamus directing the Respondent no.1 to conduct 2 additional valuations of the failed subjects of the MBBS (RS3) Examinations of February 2022 undertake by all the petitioners; strictly in terms of Regulation 13 of the Medical Council of India Graduate Medical Education Regulations, 1997; including deviation valuations on there being a difference of 15% marks between all the evaluators; in terms of order dtd. 01/07/2021 passed in W.P.No.10244/2021 and conmnect6ed writ petitions vide 5 Annexure-E; as per the law already declared by this Hon'ble Court in the earlier writ petitions;
ii) Issue a writ of order or direction in the nature of mandamus directing the Respondent No.1; that after accomplishing the additional valuations, to compute the results of the petitioners of the 'failed subjects' by taking average of the top two m arks from amongst the four/five valuation marks; as is being done for the 'passed subjects'; and to announce the results afresh without any delay; and
iii) Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice."
2. Learned counsel for petitioners submits that for the present he is not pressing prayer no.2 in this petition. Accordingly, said prayer is treated as having been given up.
3. Learned counsel on both sides submit that the matter invoked in this writ petition is covered by the decision of this Court in W.P.No.10244/2021 and connected matters (Ms. Nireeksha S Vs. Rajiv Gandhi University of Health Sciences) decided on 01.07.2021.
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4. In view of same, this writ petition is disposed of in terms of the decision in Ms. Nireeksha (supra). Accordingly, respondent/university is directed to conduct two additional valuations of the failed subjects of the MBBS (RS3) Examinations of February 2022 undertaken by the petitioners herein in terms of Regulation 13 of the Medical Council of India Graduate Medical Education Regulations, 1997; which shall include deviation valuations, if there is difference of 15% marks between all the evaluators in terms of order dated 01/07/2021 passed in W.P.No.10244/2021 and connected matters (Annexure - E) within a period of two weeks from today.
Sd/-
JUDGE Psg*