Karnataka High Court
Mr. Rohan Satihal vs Rajiv Gandhi University Of Health ... on 4 January, 2024
Author: Ravi V. Hosmani
Bench: Ravi V. Hosmani
-1-
NC: 2024:KHC:391
WP NO.13622 OF 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V. HOSMANI
WRIT PETITION NO.13622 OF 2023 (EDN-RES)
BETWEEN:
1. MR. ROHAN SATIHAL
S/O SABU SAITHAL
AGED ABOUT 22 YEARS,
R/AT NO.511, SECTOR NO.3,
SHIVA BASAVA NAGAR,
BELAGAVI - 590 010.
2. MS. GAYATHIR S.
D/O SURESH KUMAR C.T.
AGED ABOUT 21 YEARS,
R/AT NO.46, 3RD MAIN ROAD,
NEHRU STREET, UDYANAGAR,
BENGALURU - 560 016.
3. MS. PEARL ANGELINA
D/O K.P. PAULSON
AGED ABOUT 21 YEARS,
R/AT HOSTEL KEMPEGOWDA INSTITUTE
OF MEDICAL SCIENCES,
Digitally signed by BANASHNKRI 2ND STAGE,
MOHANKUMAR M
BENGALURU - 560 070.
Location: High
Court of Karnataka
...PETITIONERS
(BY SRI. PRADEEP PATIL, ADVOCATE)
AND:
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
REP. BY ITS REGISTRAR EVALUATION,
4TH 'T' BLOCK,
JAYANAGAR,
BENGALURU - 560 041.
...RESPONDENT
-2-
NC: 2024:KHC:391
WP NO.13622 OF 2023
(BY SRI. MAMATA G. KULKARNI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENT TO SEND THE ANSWER SCRIPTS TO
THE THIRD VALUATOR FOR REVALUATION AND ANNOUNCE
THE RESULTS BY CONSIDERING THE BEST OF TWO MARKS AS
AWARDED BY THE THREE EXAMINERS IN VIEW OF THE
JUDGMENTS OF THIS HON'BLE COURT IN WRIT PETITION NO.
200862 OF 2021 PRODUCED AS ANNEXURE-F AND IN WRIT
PETITION NO.7774 OF 2022 PRODUCED AS ANNEXURE-G;
AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed for following relief:
"Issue a writ order or direction in the nature of mandamus to the respondent to send the answer scripts to the third valuator for revaluation and announce the results by considering the best of two marks as awarded by the three examiners in view of the judgments of this Hon'ble Court in WP No.200862/2021 produced as Annexure-F and in WP No.7774/2022 produced as Annexure-G".
2. Learned counsel for respondent no.1 referred to statement of objections filed and submitted that subject matter of writ petition, wherein petitioner is seeking for re-evaluation of answer scripts of petitioner in specific subjects by 3rd evaluator in terms of earlier decisions in W.P.no.200862/2021 and W.P.no.777/2022, would now stand covered by decision of this Court in W.P.no.11688/2023 and connected matters disposed of on 13.10.2023, wherein after upholding validity of -3- NC: 2024:KHC:391 WP NO.13622 OF 2023 Ordinance/Notification Governing Central Assessment Programme (CAP) for Theory Paper assessment of all Under- Graduate Health Science Courses of University dated 05.09.2022, had proceeded to dismiss writ petition. On above ground sought for dismissal of writ petition.
3. Sri Pradeep Patil, learned counsel for petitioners is unable to countenance submission of learned counsel for respondent.
4. Heard learned counsel and perused writ petition record.
5. On perusal of writ petition and finding that ratio laid down in W.P.no.11688/2023 would squarely cover subject matter of writ petition. Accordingly, writ petition stands dismissed.
Sd/-
JUDGE ARK