Karnataka High Court
Dr Rakshith K A vs The National Commission For Indian ... on 30 January, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2024:KHC:4055
WP No. 23940 of 2023
C/W WP No. 22472 of 2023
WP No. 22509 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
WRIT PETITION NO. 23940 OF 2023 (EDN-RES)
C/W
WRIT PETITION NO. 22472 OF 2023 (EDN-RES)
WRIT PETITION NO. 22509 OF 2023 (EDN-RES)
IN WRIT PETITION NO. 23940/2023:
BETWEEN:
DR. RAKSHITH K.A.,
S/O ASHOK K.V.,
AGED ABOUT 28 YEARS,
OCC: M.S., P.G. STUDENT IN
ASHWINI AYURVEDA MEDICAL COLLEGE
AND P.G. CENTER, NEAR BATI LAKE
P B ROAD, ASHWINI NAGARA
DAVANAGERE 577 006.
...PETITIONER
(BY SRI PATIL JAGADEESH GOUD, ADVOCATE)
AND:
1. THE NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE
Digitally signed by
GEETHAKUMARI MINISTRY OF AYUSH, GOVT. INDIA
PARLATTAYA S NO 61-65, INSTITUTIONAL AREA,
Location: High Court JANAKAPURI, NEW DELHI 110058
of Karnataka REP. BY ITS CHAIRMAN.
2. THE REGISTRAR
RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES, KARNATAKA,
4TH T BLOCK, JAYANAGAR,
BANGALORE 560041.
...RESPONDENTS
(BY SRI MANASI KUMAR, ADVOCATE FOR R1;
SMT. MAMATHA KULKARNI, ADVOCATE FOR R2)
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NC: 2024:KHC:4055
WP No. 23940 of 2023
C/W WP No. 22472 of 2023
WP No. 22509 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THE RESULT OF
THE PETITIONER FOR THE EXAMINATION HELD IN THE MONTH JULY
2023 VIDE EXAMINATION ROLL NO.20AT051 AND CONDUCTED BY
THE RESPONDENT AS PASSED IN 1ST YEAR OF MASTER OF SURGERY
IN POST GRADUATE (MS IN PG) PARTICULARLY IN RESEARCH
METHODOLOGY AND BIO-STATICS PAPER -1 SUBJECT AT ANNX-C
AND IN TERMS OF THE SYLLABUS VIDE ANNEXURE-D CONSIDERING
THE HIGHER MARKS AWARDED BY THE VALUER.
IN WRIT PETITION NO. 22472/2023:
BETWEEN:
DR VIJAY DAGAR
S/O KARAMCHAND DAGAR,
AGED ABOUT 37 YEARS,
OCC: S S, PG STUDENT IN
ASHWINI AYURVEDA
MEDICAL COLLEGE AND
P G CENTRE, NEAR BATI LAKE,
P B ROAD, ASHWINI NAGARA,
DAVANAGERE 577006.
...PETITIONER
(BY SRI PATIL JAGADEESH GOUD, ADVOCATE)
AND:
1. THE NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE
MINISTRY OF AYUSH, GOVT. OF INDIA,
NO.61-65, INSTITUTIONAL AREA,
JANAKAPURI, NEW DELHI 110 058,
REP. BY ITS COMMISSIONER.
2. THE REGISTRAR,
RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES, KARNATAKA,
4TH 'T' BLOCK JAYANAGARA,
BANGALORE 560041.
...RESPONDENTS
(BY SMT. MANASI KUMAR.,ADVOCATE FOR R1;
SMT. MAMATHA KULKARNI, ADVOCATE FOR R2)
-3-
NC: 2024:KHC:4055
WP No. 23940 of 2023
C/W WP No. 22472 of 2023
WP No. 22509 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO-DECLARE THE RESULT OF
THE PETITIONER FOR THE EXAMINATION HELD IN THE MONTH JULY
2023 VIDE EXAMINATION ROLL NO.18AT401 AND CONDUCTED BY
THE RESPONDENTS AS PASSED IN 1 YEAR OF MASTER OF SURGERY
IN POST GRADUATE (MS IN PG) PARTICULARLY IN RESEARCH
METHODOLOGY AND BIOSTATISTICS PAPER-1 SUBJECT AT ANNX-C
AND IN TERMS OF THE SYLLABUS VIDE ANNEXURE-D.
IN WRIT PETITION NO. 22509/2023
BETWEEN:
DR. NATHU DEVU RATHOD,
S/O SRI DEVU SAKHARAM RATHOD,
AGED ABOUT 43 YEARS,
OCC: S. S., P.G. STUDENT IN
ASHWINI AYURVEDA MEDICAL COLLEGE,
AND P.G. CENTRE, NEAR BATTI LAKE,
P.B. ROAD, ASHWINI NAGARA,
DAVANAGERE 577 006.
...PETITIONER
(BY SRI PATIL JAGADEESH GOUD, ADVOCATE AND
SRI MALLIKARJUNA G. CONTRACTOR, ADVOCATE)
AND:
1. THE NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE
MINISTRY OF AYUSH, GOVT. OF INDIA,
NO 61-65, INSTITUTIONAL AREA,
JANAKAPURI, NEW DELHI 110 058,
REP. BY CHAIRMAN.
2. THE REGISTRAR,
RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES, KARNATAKA,
4TH 'T' BLOCK, JAYANAGAR,
BANGALORE 560 041.
...RESPONDENTS
(BY SMT. MANASI KUMAR, ADVOCATE FOR R1;
SMT. MAMATHA KULKARNI, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO-DECLARE THE RESULT OF
THE PETITIONER FOR THE EXAMINATION HELD IN THE MONTH JULY
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NC: 2024:KHC:4055
WP No. 23940 of 2023
C/W WP No. 22472 of 2023
WP No. 22509 of 2023
2023 VIDE EXAMINATION ROLL NO.18AT404 AND CONDUCTED BY
THE RESPONDENTS AS PASSED IN MASTER OF SURGERY IN POST
GRADUATE (MS IN PG), PARTICULARLY IN RESEARCH
METHODOLOGY AND BIOSTATISTICS PAPER-1 SUBJECT AT ANNX-C
AND IN TERMS OF THE SYLLABUS VIDE ANNEXURE-D.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Above three writ petitions are filed for following reliefs:
In W.P.no.23940/2023:
a) Declare the result of the petitioner for the examination held in the month July, 2023 vide examination Roll No.20AT051 and conducted by the respondents as passed in 1st year of Master of Surgery in Post Graduate (MS in PG), particularly in Research Methodology and Biostatistics paper-1 subject at Annexure-C and in terms of the syllabus vide Annexure-
D considering the higher marks awarded by the valuer etc. In W.P.no.22472/2023:
a) Declare the result of the petitioner for the examination held in the month July, 2023 vide examination Roll No.18AT401 and conducted by the respondents as passed in 1st year of Master of Surgery in Post Graduate (MS in PG), particularly in Research Methodology and Biostatistics paper-1 subject at Annexure-C and in terms of the syllabus vide Annexure-
D considering the higher marks awarded by the valuer etc. In W.P.no.22509/2023:
a) Declare the result of the petitioner for the examination held in the month July, 2023 vide examination Roll No.18AT404 and conducted by the respondents as passed in 1st year of Master of Surgery in Post Graduate (MS in PG), particularly in Research Methodology and Biostatistics paper-1 subject at -5- NC: 2024:KHC:4055 WP No. 23940 of 2023 C/W WP No. 22472 of 2023 WP No. 22509 of 2023 Annexure-C and in terms of the syllabus vide Annexure-
D considering the higher marks awarded by the valuer etc.
2. Since relief sought in above petitions are similar and facts and grounds, they are taken up together for disposal by referring to specific facts in W.P.no.23940/2023 only to avoid repetition.
3. Sri Jagadeesh Goud Patil, learned counsel for petitioner submitted that petitioner in W.P.no.23940/2023 completed his BAMS Course in year 2019 from Bapuji Ayurvedic Medical College & Hospital, Challakere and thereafter got admitted to Ashwini Ayurveda, Medical College & P.G. Centre at Davanagere, during academic year 2021-22 through NEET for PG in MS (MS Shalya) Course. Likewise, petitioners in W.P.no.22472/2023 and W.P.no.22509/2023, got admitted to PG -MS Course year 2018-19.
4. It was submitted that petitioner in W.P.no.23940/2023 failed in first year Research Methodology and Biostatistics - Paper I. It was submitted that marks awarded by first evaluator was 50 marks and second evaluator was 38 marks, in July, 2023 Examinations, indicating vast difference in valuation.
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NC: 2024:KHC:4055 WP No. 23940 of 2023 C/W WP No. 22472 of 2023 WP No. 22509 of 2023
5. It was submitted that marks awarded by second evaluator were always on lower side indicating erratic valuation and therefore, petitioner was entitled for computation of results by taking highest of marks awarded instead of averaging and on said reason, sought for allowing writ petition.
6. On other hand, Smt.Manasi Kumar, appearing for respondent no.1 - National Commission for Indian System of Medicine (NCISM) and Smt.Mamata Kulkarni, learned counsel appearing for Rajiv Gandhi University of Health Sciences (RGUHS) sought to oppose writ petition. It was submitted that relief sought for by petitioner was misconceived. It was submitted that Examination for PG Course in Ayurveda were conducted in pursuance of Regulations of Indian Medicine Central Council (Post-Graduate Ayurveda Education) Regulations 2016, Regulation 9(6) of which provided for maximum duration for completion of Course was not to exceed period of 6 years from date of admission and Regulations 12(1) and 14 were regarding mode of examination and appointment of Examiners. It was submitted that evaluation of preliminary examination was to be conducted by a team of two examiners, out of which one examiner shall be external from any other -7- NC: 2024:KHC:4055 WP No. 23940 of 2023 C/W WP No. 22472 of 2023 WP No. 22509 of 2023 institution and final examination shall be conducted by a team of four examiners, out of which two examiners shall be external. Insofar as computation of results, regulations framed by RGHUS namely, Ordinance Governing Post-Graduation Including Diploma and Super-Speciality Answer Scripts Evaluation notified on 29.03.2019 in Regulation- 4 -provided that all answer scripts of Post Graduate Courses were to be digitally evaluated and average total marks awarded by four evaluators was to be considered for computation of results.
7. It was submitted that Regulation II (a) to (c) provided for challenge valuation. It was submitted answer scripts of petitioners were valued strictly in compliance with above Regulations and results computed as provided. Therefore, petitioner was not entitled for tailoring method of computation of results so as to enable him to pass Examination. It was submitted that direction sought for in writ petition was virtually for violating Regulations, which would be contrary to ratio laid down by Hon'ble Supreme Court in case of Mani Subrat Jain and Others Vs. State of Haryana and Others1, and in State of Maharastra Vs. Vikas Sahebrao 1 (1997) 1 SCC 486 -8- NC: 2024:KHC:4055 WP No. 23940 of 2023 C/W WP No. 22472 of 2023 WP No. 22509 of 2023 Rooundale and Others2. Therefore, sought for dismissal of writ petition.
8. In reply, learned counsel for petitioner submitted that first respondent had granted certain concession during COVID-19 Pandemic and petitioner may be permitted to avail same.
9. From above, it would appear that petitioner's grievance is having securing passing marks in evaluation by first evaluator, declaration of ultimate results as 'failed' was on ground of lesser marks awarded by second evaluator, which was grossly less than first evaluation and therefore averaging of marks awarded by evaluators was having adverse effect on petitioner.
10. However, perusal of Examination Regulations both by Apex body as well as University would clearly indicate method of evaluation one by internal evaluator and another by external evaluator and computation of results was to be by averaging marks awarded by both evaluators was applied uniformly to all students. Petitioners having appeared for Examinations accepting Regulations cannot now be permitted to express grievance against same. Relief sought appears to be 2 (1992) 4 SCC 435 -9- NC: 2024:KHC:4055 WP No. 23940 of 2023 C/W WP No. 22472 of 2023 WP No. 22509 of 2023 desperate attempt by petitioners to have themselves declared passed, de-horse procedure of regulations. Same would be contrary to Regulations and therefore relief sought for by petitioners would require to be rejected.
11. However, insofar as submission by learned counsel for petitioner that dismissal of writ petitions ought not to come in way of petitioners availing benefit in relaxation in number of attempts etc. as granted by respondent no.1, requires to be examined by respondents. Since same is not subject matter of above writ petitions, petitioners would be at liberty to claim same before authorities and only in case of denial, they would be at liberty to espouse said cause.
With observations as above, writ petitions are dismissed.
Sd/-
JUDGE PSG