Karnataka High Court
Sri Neelesh Mehta vs Rajiv Gandhi University Of Health ... on 10 August, 2020
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2020
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO. 31335 OF 2019 (EDN-RES)
C/W
WRIT PETITION NOS. 41779-41781/2019(EDN-RES),
46658/2019(EDN-RES), 49998/2019(EDN-RES),
50168/2019(EDN-RES), 51384/2019(EDN-RES),
51389/2019(EDN-RES), 51392/2019(EDN-RES),
51393/2019(EDN-EX), 51394/2019(EDN-RES),
51461/2019(EDN-EX), 51635/2019(EDN-EX),
51729/2019(EDN-RES), 51740/2019(EDN-RES),
52015/2019(EDN-RES), 52023/2019(EDN-RES),
52026/2019(EDN-RES), 52028/2019(EDN-RES),
52029/2019(EDN-RES), 52031/2019(EDN-RES),
52034/2019(EDN-RES), 52035/2019(EDN-RES),
52038/2019(EDN), 52039/2019(EDN),
52041/2019(EDN-RES), 52042/2019(EDN-RES),
52043/2019(EDN-RES), 52044/2019(EDN-RES),
52046/2019(EDN-RES), 52047/2019(EDN-RES),
52049/2019(EDN-RES), 52050/2019(EDN-RES),
52051/2019(EDN-RES), 52052/2019(EDN-RES),
52053/2019(EDN-RES), 52054/2019(EDN-RES),
52055/2019(EDN-RES), 52056/2019(EDN-RES),
52057/2019(EDN-RES), 52058/2019(EDN-RES),
52060/2019(EDN-RES), 52061/2019(EDN-RES),
52063/2019(EDN-RES), 52066/2019(EDN-RES),
52067/2019(EDN-RES), 52070/2019(EDN-RES),
52082/2019(EDN-RES), 52111/2019(EDN-EX),
52112/2019(EDN-EX), 52442/2019(EDN-RES),
52624/2019(EDN-RES), 52631/2019(EDN-RES),
52639/2019(EDN-RES), 52640/2019(EDN-RES),
52964/2019(EDN-RES), 1476/2020(EDN-EX),
3315/2020(EDN-RES), 396/2020(EDN-RES),
4434/2020(EDN-RES), 4446/2020(EDN-RES),
4458/2020(EDN-RES), 4467/2020(EDN-RES),
4469/2020(EDN-RES), 5068/2020(EDN-RES),
5882/2020(EDN-RES), 5884/2020(EDN-RES),
5922/2020(EDN-RES), 6449/2020(EDN-RES),
6837/2020(EDN-RES), 7820/2020(EDN-RES),
7959/2020(EDN-EX)
2
IN W.P. NO. 31335/2019:
BETWEEN:
SRI NEELESH MEHTA,
AGED 31 YEARS,
S/O OM PRAKASH MEHTA,
RA/T NO.303,
MAJESTIC APARTMENTS,
SECTOR 18-A DWARKA,
DELHI-110078.
PRESENT ADDRESS:
# 106, 1ST FLOOR,
ZOLO PAYING GUEST,
TAVAREKERE MAIN ROAD,
MARUTI NAGAR, FIRST STAGE,
BTM LAYOUT,
BENGALURU-560068.
... PETITIONER
(BY SRI. V.LAKSHMINARAYANA, SENIOR COUNSEL FOR
SRI. ANUSHA.L.ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH BLOCK, JAYANAGAR,
BANGALORE-560041.
REPRESENTED BY ITS REGISTRAR.
2. THE REGISTRAR OF EVALUATION,
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BANGALORE-560 041.
... RESPONDENTS
(BY SRI.N.K.RAMESH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF
THE PETITIONER FOR REVALUATION OF THREE SUBJECTS
i.e PAPER-I AND PAPER-II (ANNEXURE-B AND C) BASED ON
JUDGMENT OF THIS HON'BLE COURT IN DR.MENAKA
MOHAN AND OTHERS V.THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND
OTHERS,
3
IN W.P. NOS. 41779-41781/2019:
BETWEEN:
1. MUNIRAJU S P,
S/O Y R PUTTARAJU
AGED ABOUT 39 YEARS,
# 108, SRI RENUCA NILAYA,
2ND A CROSS, GUNDAPPA REDDY LAYOUT,
CHOLA NAGAR R T NAGAR,
BENGALURU - 560 032.
2. PRANITHA H S,
D/O SRINIVAS MURTHY,
AGED ABOUT 19 YEARS,
R/AT LAKSHMI NARAYAN NIVAS,
PARK ROAD, WEAVERS COLONY,
NELAMANGAL - 562 123.
3. HARSHA R,
S/O RAGAVENDRA A V,
AGED ABOUT 21 YEARS,
R/AT N0 41, 1ST MAIN ROAD,
SUBBANNA GARDEN, VIJAYA NAGAR,
BENGALURU - 560 040.
... PETITIONERS
(BY SRI. RAKSHIT K.N. ADVOCATE).
AND:
1. THE STATE OF KARNATAKA,
PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
ROOM NO 645, 6TH FLOOR,
M S BUILDING, BENGALURU - 560 001.
2. RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
REP BY ITS REGISTRAR,
4TH T BLOCK JAYANAGAR,
BENGALURU - 560 041.
3. VIVEKANANDA COLLEGE OF PHARMACY,
REP BY PRINCIPAL,
DR RAJKUMAR ROAD,
RAJAJINAGAR, 2ND STAGE,
BENGALURU - 560010.
... RESPONDENTS
(BY SRI. R.SRINIVAS GOWDA, AGA FOR R1,
SRI. N.K.RAMESH, ADVOCATE FOR R2,
SRI.CHANDRAKANTH R.GOULAY, ADVOCATE FOR R3)
4
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE UNIVERSITY TO CONDUCT THE REVALUATIONS
IN SO FAR AS THE PETITIONERS ANSWER SCRIPTS
PRODUCED AS PER ANNEXURE-D1 TO 3 WITHIN THE TIME
STIPULATED BY THIS HON'BLE COURT AND ETC.,
IN W.P. NO. 46658/2019:
BETWEEN:
SRINIDHI U SHETTY,
D/O DR UDAY KUMAR SHETTY,
AGED ABOUT 19 YEARS,
R/AT "SAHARUDAYA",
S .K .SHETTY COMPOUND,
A. R. B. COLONY, 2ND CROSS,
SHIVAMOGGA - 577 205 .
... PETITIONER
(BY SRI RAJASHEKAR S, ADVOCATE).
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCE'S,
JAYANAGAR, 4TH 'T'BLOCK,
BENGALURU - 560 011.
REPRESENTED BY ITS REGISTRAR.
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
JAYANAGAR, 4TH T BLOCK,
BENGALURU - 560 011.
3. SRINIVAS INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTER,
MUKKA SURATHKAL,
D K DISTRICT - 575001.
... RESPONDENTS
(BY SRI. N.K.RAMESH, ADVOCATE FOR R1 AND R2 )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTIFICATION DATED 29.3.2019 ISSUED BY R-1
VIDE ANNEXURE-A AND DIRECT THE R-2 TO CONSIDER THE
REPRESENTATION DATED 17.9.2019 SUBMITTED BY THE
PETITIONER VIDE ANNEXURE-B.
5
IN W.P. NO. 49998/2019:
BETWEEN:
ISHA SHARMA,
D/O. PRADEEP KUMAR SHARMA,
C/O. RAJARAJESWARI MEDICAL COLLEGE
AND HOSPITAL,
KAMBIPURA, MYSORE ROAD,
BANGALORE-560 074.
... PETITIONER
(BY SRI.SARAVANA S, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041,
REPRESENTED BY ITS REGISTRAR.
2. REGISTRAR EVALUATION,
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041.
... RESPONDENTS
(BY SRI. N.K.RAMESH, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPODENTS TO REFER ANSWER SCRIPTS OF THE
PETITIONER AS PER ANNEXURES.A1, PAPER CODE.1090 OF
OTOHINOLARYNGOLOGY 3RD YEAR MBBS COURSES EXAM
CONDUCTED BY THE RESPONDENTS IN THE MONTH OF
JUNE 2019 FOR FRESH REVALUATION IN ACCORDANCE
WITH THE ORDERS ORDINANCE GOVERING MULTIPLE
VALUATION DATED 29.03.2019 ANEXURE-B.
IN W.P. NO. 50168/2019:
BETWEEN:
PEDDIBOYANA PRATUSHYA,
D/O P. VARAPARASAD,
AGED ABOUT 19 YEARS,
# 1925, GURU NAMANA,
3RD CROSS ROAD, 3RD MAIN ROAD,
KENGERI SATELLITE TOWN,
BENGALURU -560 060.
... PETITIONER
(BY SRI.D.R.RAVISHANKAR, ADVOCATE)
6
AND:
1. THE REGISTRAR (EVALUATION),
RAJVI GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH BLOCK, JAYANAGAR,
BANGALORE - 560041.
2. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE,
4TH BLOCK, JAYANAGAR,
BANGALORE - 41.
REPRESENTED BY ITS
VICE-CHANCELLOR.
3. RAJA RAJESHWARI MEDICAL COLLEGE
AND HOSPITAL,
KAMBIPURA, MYSORE ROAD,
BANGALORE - 560 074.
REPRESENTATION BY ITS REGISTRAR
... RESPONDENTS
(BY SRI. N.K.RAMESH, ADVOCATE FOR R1 AND R2 )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
OF THE CONSTITUTION OF INDIA PRAYING TO DECALRE
REGULATION NO.4(B) OF 2019 ORIDINANCE ANNX-C, DATED
29.03.2019 ISSUED BY THE R-1 AS INCOMPLETE, ARBITARY
AND SEEKS TO INFUSE INEQUALITY AND THEREFORE IS
VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA.
IN W.P. NO. 51384/2019:
BETWEEN:
DINESH KUMAR,
AGED ABOUT 23 YEARS,
SON OF KHETA RAM,
PERMANENTLY RESIDING AT
LALNAGAR BICHAWASI,
SANCHORE JALORE,
RAJASTHAN-343 041.
... PETITIONER
(BY SRI.A.SHANKAR, SENIOR COUNSEL FOR
SMT.LAKSHMI MENON, ADVOCATE)
AND:
1. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8
DWARKA PHASE-1,
NEW DELHI-110 077.
REPRESENTED BY ITS SECRETARY.
7
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T-BLOCK, JAYANAGAR,
BENGALURU, KARNATAKA-560 O41.
REPRESENTED BY ITS REGISTRAR.
3. SRINIVAS INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTRE
MUKKA SURATHKAL,
KARNATAKA 574 176.
REPRESENTED BY ITS PRINCIPAL.
4. THE STATE OF KARNATAKA
HEALTH AND FAMILY WELFARE,
(MEDICAL EDUCATION DEPARTMENT),
VIKASA SOUDHA,
DR.B.R AMBEDKAR VEEDHI,
BENGALURU-560 001.
REP BY ITS ADDITIONAL CHIEF SECRETARY.
... RESPONDENTS
(BY SRI.N.KHETTY,ADVOCATE FOR R1)
SRI.N.K.RAMESH,ADVOCATE FOR R2
R3-SD AND UNREPRESENTED
SRI.R.SRINIVAS GOWDA AGA FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
SEC.35 OF THE RGUHS ACT,1994, TO THE EXTENT THAT IT
DOES NOT PROVIDE FOR SCRUTINY OR PUBLICATION OF
THE ORDINANCE PROMULGATED BY THE SYNDICATE
(ANNEXURE-E)
IN W.P. NO. 51389/2019:
BETWEEN:
ASWIN SREEDHAR,
AGED ABOUT 23 YEARS,
SON OF SREESHARAN,
PERMANENTLY RESIDING AT
SREESYLAM, LIBERTY STREET,
PATTAMBI (P.O) PALAKKAD DISTRICT.
KERALA 679 303.
... PETITIONER
(BY SRI.A.SHANKAR, SENIOR COUNSEL FOR
SMT.LAKSHMI MENON, ADVOCATE)
8
AND:
1. DENTAL COUNCIL OF INDIA
AIWAN-E-GALIB MARG,
KOTLA ROAD, TEMPLE LANE,
OPP. MATA SUNDARI COLLEGE FOR WOMEN
NEW DELHI 110002.
REPRESENTED BY ITS SECRETARY.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
4TH T -BLOCK, JAYANAGAR,
BENGALURU, KARNATAKA 560 041.
REPRESENTED BY ITS REGISTRAR.
3. SRINIVAS INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTRE
MUKKA SURATHKAL, KARNATAKA 574 176.
REPRESENTED BY ITS PRINCIPAL.
4. THE STATE OF KARNATAKA
HEALTH AND FAMILY WELFARE
(MEDICAL EDUCATION DEPARTMENT),
VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU 560 001.
REP.BY ITS ADDITIONAL CHIEF SECRETARY.
... RESPONDENTS
(BY SRI.N.K.RAMESH, ADVOCATE FOR R2
SRI.R.SRINIVAS GOWDA, AGA FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
SECTION 35 OF THE RGUHS ACT, 1994, TO THE EXTENT
THAT IT DOES NOT PROVIDE FOR SCRUNITY OR
PUBLICATION OF THE ORDINANCES PROMULGATED BY THE
SYNDICATE (ANNEXURE-D).
IN W.P. NO. 51392/2019:
BETWEEN:
1. NAGESH RABASHETTY,
AGED ABOUT 21 YEARS,
SON OF SANGAMNATH R,
PERMANENTLY R/AT
H.NO.1-1495 581 1A, NEAR SHIV MANDIR,
BASAVA NILAYA, GODUTAL NAGAR,
GULBARGA 585 101.
... PETITIONER
(BY SRI. A.SHANKAR, SENIOR COUNSEL FOR
SMT.LAKSHMI MENON, ADVOCATE)
9
AND:
1. MEDICAL COUNCIL OF INDIA
POCKET-14, SECOTR-8,
DWARKA PHASE-1,
NEW DELHI 110 077.
REPRESENTED BY ITS SECRETARY.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
4TH T -BLOCK, JAYANAGAR,
BENGALURU,
KARNATAKA 560 041.
REPRESENTED BY ITS REGISTRAR.
3. SRINIVAS INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTRE
MUKKA SURATHKAL,
KARNATAKA 574 176.
REPRESENTED BY ITS PRINCIPAL.
4. THE STATE OF KARNATAKA,
HEALTH AND FAMILY WELFARE,
(MEDICAL EDUCATION DEPARTMENT),
VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU 560 001.
REP.BY ITS ADDITIONAL CHIEF SECRETARY.
... RESPONDENTS
(BY SRI. N.KHETTY,ADVOCATE FOR R1;
SRI.N.K.RAMESH, ADVOCATE FOR R2;
R3-SERVED AND UNREPRESENTED;
SRI.R.SRINIVASA GOWDA, AGA FOR R4.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH SEC 35
OF THE RGUHUS ACT,1994, TO THE EXTENT THAT IT DOES
NOT PROVIDE FOR SCRUTINY OR PUBLICATION OF THE
ORDNANCE PROMULGATED BY THE SYNDICATE
(ANNEXURE-D)
10
IN W.P. NO. 51393/2019:
BETWEEN:
DEEKSHA R
AGED ABOUT 19 YEARS,
DAUGHTER OF MADASAMI S
PERMANENTLY RESIDING AT
SADANANDA PINTO AVENUE HIRGANGA
KUKKUNDOOR PO,
KARKALA, KARNTAKA-574 104
... PETITIONER
(BY SRI. A.SHANKAR,SENIOR COUNSEL FOR
SMT.LAKSHMI MENON, ADVOCATE)
AND:
1. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR-8,
DWARKA PHASE-1,
NEW DELHI-110 077.
REPRESENTED BY ITS SECRETARY.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE,
4TH T BLOCK, JAYANAGAR,
BENGALURU, KARNATAKA -560 041.
REPRESENTED BY ITS REGISTRAR.
3. SRINIVAS INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTRE,
MUKKA SURATHKAL,
KARNATAKA -574 176.
REPRESENTED BY ITS PRINCIPAL.
4. THE STATE OF KARNATAKA,
HEALTH AND FAMILY WELFARE
(MEDICAL EDUCATION DEPARTMENT)
VIKAS SOUDHA,
DR.B.R. AMBEDKAR VEEDHI,
BENGALURU-560 001.
REP BY ITS ADDITIONAL CHIEF SECRETARY.
... RESPONDENTS
(BY SRI. N.KHETTY,ADVOCATE FOR R1;
SRI.N.K.RAMESH, ADV FOR R2;
R3-SD AND UNREPRESENTED;
SRI.R.SRINIVASA GOWDA, AGA FOR R4)
11
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH SEC.35
OF THE RGUHUS ACT,1994, TO THE EXTENT THAT IT DOES
NOT PROVIDE FOR SCRUTINY OR PUBLICATION OF THE
ORDINANCE PROMULGATED BY THE SYNDICATE
(ANNESURE-D)
IN W.P. NO. 51394/2019:
BETWEEN:
NAMAN HEGDE,
AGED ABOUT 19 YEARS,
SON OF NAVEEN KUMAR HEGDE,
PERMANENTLY RESIDING AT
ROOM NO.401, 4TH FLOOR,
LEN HILL FERNS APARTMENT,
KADRI MALLIKATE,
MANGALORE, KARNATAKA-575 002.
... PETITIONER
(BY SRI. A.SHANKAR,SENIOR COUNSEL FOR
SMT.LAKSHMI MENON, ADVOCATE)
AND:
1. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR-8,
DWARKA PHASE-I,
NEW DELHI-110 077.
REPRESENTED BY ITS SECRETARY.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T - BLOCK, JAYANAGAR,
BENGALURU, KANRANTAKA-560 041.
REPRESENTED BY ITS REGISTRAR.
3. SRINIVAS INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE,
MUKKA SURATHKAL,
KARNATAKA-574 176.
REPRESENTED BY ITS PRINCIPAL.
4. THE STATE OF KARNATAKA,
HEALTH AND FAMILY WELFARE
(MEDICAL EDUCATION DEPARTMENT),
VIKASA SOUDHA,
DR B R AMBEDKAR VEEDHI,
BENGALURU-560 001.
REP BY ITS ADDITIONAL CHIEF SECRETARY.
... RESPONDENTS
12
(BY SRI. . N.KHETTY,ADVOCATE FOR R1;
SRI.N.K.RAMESH, ADV FOR R2;
R3-SD AND UNREPRESENTED;
SRI.R.SRINIVASA GOWDA, AGA FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH SEC 35
OF THE RGUHS ACT,1994, TO THE EXTENT THAT IT DOES
NOT PROVIDE FOR SCRUTINY OR PUBLICATION OF THE
ORINANCE PROMULGATED BY THE SYNDICATE (ANNEXURE-
E)
IN W.P. NO. 51461/2019:
BETWEEN:
ASHISH KUMAR,
S/O. SUDARSHAN YADAV,
PERMANENTLY R/AT NO. WARD NO. 03,
VIII AND POST GUJHANDL,
KODERMA, JHARKAND 825 409.
... PETITIONER
(BY SRI. A.SHANKAR,SENIOR COUNSEL FOR
SMT.LAKSHMI MENON, ADVOCATE)
AND:
1. MEDICAL COUNCIL OF INDIA
POCKET 14, SECTOR 8,
DWARKA PHASE -1,
NEW DELHI 110 077,
REP BY ITS SECRETARY.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
4TH T-BLOCK, JAYANAGAR,
BENGALURU, KARNATAKA 560 041,
REP BY ITS REGSTRAR
3. SRINIVAS INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTER,
MUKKA, SURATHKAL,
KARNATAKA 574176,
REP BY ITS PRINCIPAL.
4. THE STATE OF KARNATAKA
HEALTH AND FAMILY WELFARE,
(MEDICAL EDUCATION DEPARTMENT),
VIKASA SOUDHA, DR. BR AMBEDKAR VEEDHI,
BENGALURU 560 001,
REP BY ITS ADDITIONAL CHIEF SECRETARY.
13
... RESPONDENTS
(BY SRI. SRI. . N.KHETTY,ADVOCATE FOR R1
SRI.N.K.RAMESH, ADV FOR R2
R3-SD AND UNREPRESENTED
SRI.R.SRINIVASA GOWDA, AGA FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH SEC.35
OF THE RGUHS ACT,1994, TO THE EXTENT THAT IT DOES
NOT PROVIDE FOR SCRUNITY OR PUBLICATION OF THE
ORDINANCE PROMULGATED BY THE SYNDICATE
(ANNEXURE-C)
IN W.P. NO. 51635/2019:
BETWEEN:
POOJITHA V,
D/O. V. SRIHARI,
AGE 20 YEARS,
OCC-STUDYING FOR MBBS 1ST YEAR,
NAVODAYA MEDICAL COLLEGE,
R/O RAYAR NILAYA, H NO 6-2-77/59,
SIDDHARTHA COLONY,
NEAR NAVODAYA MEDICAL COLLEGE,
MANTRALAYAM ROAD, RAICHUR-584103.
... PETITIONER
(BY SRI.VILAS RANGANATH DATAR ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH BLOCK, JAYANAGAR,
BANGALORE-560041, KARNATAKA,
REPRESENTED BY ITS REGISTRAR.
2. NAVODAYA MEDICAL COLLEGE
MANTRALAYAM ROAD,
RAICHUR-584103.
REPRESENTED BY ITS PRINCIPAL.
3. MEDICAL COUNCIL OF INDIA
POCKET 14, SECTOR -8,
DWARKA PHASE-1,
NEW DELHI-110077.
REPRESENTED BY ITS SECRETARY.
... RESPONDENTS
(BY SRI.N.K.RAMESH, ADVOCATE FOR R1)
SRI.N.KHETTY,ADVOCATE FOR R3)
14
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 TO CONDUCT DEVIATION VALUATION
(THIRD VALUATION) IN RESPECT OF THE THEORY PAPERS
FOR THE SUBJECT OF PHYSIOLOGY-I AND PHYSIOLOGY-II
OF THE PETITIONER.
IN W.P. NO. 51729/2019:
BETWEEN:
S. N. JAYAJEEVA,
AGED ABOUT 23 YEARS,
W/O.MR. PRASHANTH A,
R/AT VETTUKADU VEEDU,
OORAMBU, KOLLEMCODE PO,
KANYAKUMARI DISTRICT,
TAMIL NADU 629 160.
... PETITIONER
(BY SRI. A.SHANKAR,SENIOR COUNSEL FOR
SMT.LAKSHMI MENON, ADVOCATE)
AND:
1. MEDICAL COUNCIL OF INDIA
POCKET 14, SECTOR 8,
DWARKA PHASE 1
NEW DELHI 110077
REP BY ITS SECRETARY.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T-BLOCK, JAYANAGAR,
BENGALURU, KARNATAKA 560 041.
REP BY ITS REGISTRAR
3. SRINIVAS INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE
MUKKA, SURATHKAL,
KARNATAKA 574 176,
REP BY PRINCIPAL.
4. THE STATE OF KARNATAKA
HEALTH AND FAMILY WELFARE,
(MEDICAL EDUCATION DEPARTMENT),
VIKASA SOUDHA,
DR. B R AMBEDKAR VEEDHI,
BENGALURU 560001.
REP BY ITS ADDITIONAL CHIEF SECRETARY.
... RESPONDENTS
15
(BY SRI.N.KHETTY ADVOCATE FOR R1
SRI.R.SRINIVAS GOWDA AGA FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH SECTION
35 OF THE RGUHS ACT,1994 TO THE EXTENT THAT IT DOES
NOT PROVIDE FOR SCRUTINY OR PUBLICATION OF THE
ORDINANCE PROMULGATED BY THE SYNDICATE
(ANNEXURE-D)
IN W.P. NO. 51740/2019:
BETWEEN:
ISHA TIWARI,
D/O. VINOD KUMAR TIWARI,
AGED ABOUT 19 YEARS,
PERMANENT R/AT MAURBOJH,
MAU, UTTAR PRADESH 275 105.
... PETITIONER
(BY SRI.A.SHANKAR, ADVOCATE FOR
SMT.LAKSHMI MENON,ADVOCATE)
AND:
1. MEDICAL COUNCIL OF INDIA
POCKET -14, SECTOR-8,
DWARKA PHASE 1,
NEW DELHI 110 077.
REP BY ITS SECRETARY.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T-BLOCK, JAYANAGAR,
BENGALURU, KARNATAKA -560 041,
REP BY ITS REGISTRAR.
3. SRINIVAS INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTER.
MUKKA, SURATHKAL,
KARNATAKA 574 176,
REP BY ITS PRINCIPAL.
4. THE STATE OF KARNATAKA.
HEALTH AND FAMILY WELFARE,
(MEDICAL EDUCATION DEPARTMENT),
VIKASA SOUDHA,
DR. B R AMBEDKAR VEEDHI,
BENGALURU- 560 001.
REP BY ITS ADDITIONAL CHIEF SCRETARY.
16
... RESPONDENTS
(BY SRI.N.KHETTY, ADVOCATE FOR R1
SRI.SRINIVASA. GOWDA AGA FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH SECTION
35 OF THE RGUHS ACT, 1994 TO THE EXTENT THAT IT DOES
NOT PROVIDE FOR SCRUTINY OR PUBLICATION OF THE
ORDINANCES PROMULGATED BY THE SYNDICATE
(ANNEXURE-C)
IN W.P. NO. 52015/2019:
BETWEEN:
MR. VIVEK S .PAI,
S/O K.SHASHIDHAR PAI,
AGED 19 YEARS,
REG.NO.18M2559,
R/O GURUKRUPA NILAYA, NEAR KEB,
SAGAR ROAD, RIPPONPET,
HOSANAGARA TALUK,
SHIVAMOGGA- 577426.
... PETITIONER
(BY SRI.ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU-560 041.
REP. BY ITS VICE-CHANCELLOR
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNVERSITY OF HEALTH SCIENCES,
4TH ' T' BLOCK, JAYANAGAR,
BENGALURU-560 070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. SUBBAIAH INSTITUTE OF MEDICAL SCIENCES
NH-13 PURLE SHIVAMOGGA,
KARNATAKA-577222,
BY ITS DEAN/PRINCIPAL
17
... RESPONDENTS
(BY SRI.N.K.RAMESH,ADVOCATE FOR R1 AND R2
SRI.N.KHETTY, ADVOCATE FOR R3
AND R4-SD AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52023/2019:
BETWEEN:
MR.MADHU M ANGADI,
S/O MANJANNA A,
AGED 20 YEARS,
REG NO 18M1723,
R/O NO.28, 13TH MAIN,
4TH BLOCK, NANDINI LAYOUT,
BENGALURU-560096.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041.
REP. BY ITS VICE CHANCELLOR.
2. THE REGISTRAR (EVALUTION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU-560 070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1, NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
18
4. B.G.S INSTITUTE OF MEDICAL SCIENCES
NO.67, BGS HEALTH AND EDUCATION CITY,
UTTARAHALLI ROAD, KENGERI,
BENGALURU-560060.
BY ITS DEAN/PRINICPAL.
... RESPONDENTS
(BY SRI..N.K.RAMESH,ADVOCATE FOR R1 AND R2
SRI.N.KHETTY, ADVOCATE FOR R3
AND R4-SD AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDINANCE GOVERING UNDER
GRADUATE VALUATIONS NOTIFIED BY THE RESPONDENT
UNIVERSITY VIDE NOTIFICATION DTD.29.3.2019 PRODUCED
AT ANNEXURE-F.
IN W.P. NO. 52026/2019:
BETWEEN:
MS. HAMSA T R,
D/O RAMAKRISHNA T. V,
AGED 20 YEARS,
REG NO. 17M4675,
R/O NO. 3303, 5TH CROSS,
NEHRUNAGAR, MANDYA - 571 401.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU - 560 041
REP BY ITS VICE- CHANCELLOR
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH' T' BLOCK, JAYANAGAR,
BENGALURU - 560 070
3. MEDICAL COUNCIL OF INDIA
POCKET - 14, SECTOR -8, DWARAKA PHASE 1,
NEW DELHI - 110 077
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS
MEDICAL COUNCIL OF INDIA
19
4. AKASH INSTITUTE OF MEDICAL SCIENCE AND
RESEARCH CENTRE
PRASANNAHALLI MAIN ROAD,
DEVANAHALLI,
NEAR KEMPEGOWDA INTERNATIONAL AIRPORT,
BENGALURU - 562 110.
BY ITS DEAN/PRINCIPAL.
... RESPONDENTS
(BY SRI. N.K.RAMESH,ADVOCATE FOR R1 AND R2
SRI.N.KHETTY, ADVOCATE FOR R3
AND R4-SD AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDINANCE GOVERNING UNDER
GRADUATE VALUATIONS NOTIFIED BY THE RESPONDENT
UNIVESITY VIDE NOTIFICATIONS DATED 29.03.2019
PRODUCED AT ANNEXURE-F
IN W.P. NO. 52028/2019:
BETWEEN:
MS.AMRUTHA S.,
D/O S.N. SUBBA REDDY,
AGED ABOUT 19 YEARS
REG NO.18M1685
R/O NO.18
ANNAPOORNESHWARI NILAYA,
M .S. R. LAYOUT, IST MAIN ROAD
MARATHALLI,
BENGALURU-560037.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH' T' BLOCK, JAYANAGAR,
BENGALURU-560 041.
REP BY ITS VICE CHANCELLOR.
2. THE REGISTRAR(EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU-560 070.
20
3. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR-8,
DWARAKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. B. G. S. INSTITUTE OF MEDICAL SCIENCES,
NO.67, BGS HEALTH AND EDUCATION CITY,
UTTARAHALLI ROAD, KENGERI,
BENGALURU-560 060.
BY ITS DEAN/PRINCIPAL.
... RESPONDENTS
(BY SRI. N.K.RAMESH,ADVOCATE FOR R1 AND R2
SRI.N.KHETTY, ADVOCATE FOR R3
AND R4-SD AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDINANCE GOVERING UNDER
GRADUATE VALUATIONS NOTIFIED BY THE RESPONDENT
UNIVERSITY VIDE NOTIFICATION DTD.29.3.2019 PRODUCED
AT ANNEXURE-F.
IN W.P. NO. 52029/2019:
BETWEEN:
MR .DEEPAK S.,
S/O DR. SHANKAR S.,
AGED.18 YEARS,
REG NO.18M0990
R/O C3, SHAKAMBARI NILAYA,
I CROSS, C .NARAYAN LAYOUT,
NAGASANDRA, BENGALURU-560073
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU-560 041.
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU-560 070.
21
3. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR -8,
DWARAKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. VYDEHI INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE
NO.82, NELLURHALLI,
WHITEFIELD,
BENGALURU-560 066.
BY ITS DEAN/PRINCIPAL.
... RESPONDENTS
(BY SRI. N.K.RAMESH,ADVOCATE FOR R1 AND R2
SRI.N.KHETTY, ADVOCATE FOR R3
AND R4-SD AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDINANCE GOVERNING UNDER
GRADUATE VALUATIONS NOTIFIED BY THE RESPONDENT
UNIVERSITY VIDE NOTIFICATION DATED 29.03.2019
PRODUCED AT ANNEXURE-F.
IN W.P. NO. 52031/2019:
BETWEEN:
MR. RISHIKA NAYANA SRINIVAS,
S/O L. SRINIVAS (LATE),
AGED 19 YEARS,
REG NO. 18M1054,
R/O 'SRI NILAYA' GARUDACHAR PALYA,
MAHADEVPURA POST,
BENGALURU - 560 048.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU - 560 041.
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
22
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU - 560 070.
3. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR - 8,
DWARAKA PHASE 1,
NEW DELHI - 110 077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. VYDEHI INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTRE,
NO.82, NELLURHALLI WHITEFIELD,
BENGALURU - 560 066.
BY ITS DEAN/PRINCIPAL.
... RESPONDENTS
(BY SRI. N.K.RAMESH,ADVOCATE FOR R1 AND R2
SRI.N.KHETTY, ADVOCATE FOR R3
AND R4-SD AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDINANCE GOVERING UNDER
GRADUATE VALUATIONS NOTIFIED BY THE RESPONDENT
UNIVERSITY VIDE NOTIFICATION DTD.29.3.2019 PRODUCED
AT ANNEXURE-F.
IN W.P. NO. 52034/2019:
BETWEEN:
MR ANIRUDH SATISH DIVATE,
S/O DR. SATISH DIVATE,
AGED 22 YEARS,
REG.NO.16M0840,
R/O SAPTHAGIRI MEDICAL BOYS HOSTEL,
SAPTHAGIRI HOSPITAL,
HESARAGHATTA MAIN ROAD,
BENGALURU-560 090.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU-560 041.
REP.BY ITS VICE- CHANCELLOR,
23
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU-560 070.
3. MEDICAL COUNCIL OF INDIA,
POCKET -14, SECTOR-8,
DWARAKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. SAPTHAGIRI INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTRE
NO.15, HESARAGHATTA MAIN ROAD,
NAVY LAYOUT, CHIKKASANDRA,
CHIKKABANAVARA,
BENGALURU-560090.
BY ITS DEAN/PRINCIPAL.
... RESPONDENTS
(BY SRI. N.K.RAMESH,ADVOCATE FOR R1 AND R2
SRI.N.KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDINANCE GOVERNING UNDER
GRADUATE VALUATIONS NOTIFIED BY THE RESPONDENT
UNIVERSITY VIDE NOTIFICATION DTD.29.3.2019 PRODUCED
AT ANNEXURE-F
IN W.P. NO. 52035/2019:
BETWEEN:
MR. NITIN BEN PHILIP,
S/O DR. PRAVEEN PHILIP,
AGED 19 YEARS,
REG.NO. 18M3417,
R/O AJIMS AND RC, BOYS HOSTEL,
ROOM NO.305, NH-66, KUNTIKAN,
MANGALURU, KARNATAKA-575004.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
24
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1, NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. A J INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTER
NH-66, KUNTIKAN, MANGALURU,
KARNATAKA-575004.
BY ITS DEAN/PRINCIPAL.
... RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3;
SRI. RAJESH SHETTIGAR, ADVOCATE FOR R54)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND R2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS A
FRESH.
IN W.P. NO. 52038/2019:
BETWEEN:
MR. KUNAL SAHU,
S/O SANTOSH KUMAR SAHU,
AGED 20 YEARS,
REG NO 18M1018,
R/O FLAT NO.005G/F,
BUILD WELL HOMES,
BOREWELL ROAD, NELLURHALLI,
WHITEFILED,
BENGALURU-5600066.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
25
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
REP. BY ITS VICE CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE I,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS.
MEDICAL COUNCIL OF INDIA.
4. VYDEHI INSTITUE OF MEDICAL
SCIENCES AND RESEARCH CENTRE
NO.82, NELLURHALLI, WHITEFILED,
BENGALURU-560066.
BY ITS DEAN/PRINCIPAL.
... RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3;
R4 SERVED AND UNREPRESENTED )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDINANCE GOVERING UNDER
GRADUATE VALUATIONS NOTIFIED BY THE RESPONDENT
UNIVERSITY VIDE NOTIFICATIONS DTD.29.3.2019
PRODUCED AT ANNEXURE-F
IN W.P. NO. 52039/2019:
BETWEEN:
MR. ASMA SULTANA NADAF,
D/O MUBARAK NADAF,
AGED 22 YEARS,
REG.NO.17M5049,
R/O C/O SHANAWAZ K NADAF,
NO.16, 1ST MAIN TIGALARA LAYOUT,
NAYANDANAHALLI, BANGALORE-560039.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
26
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041.
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH BLOCK, JAYANAGAR,
BENGALURU-560 070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
... RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONERS IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52041/2019:
BETWEEN:
MR. PRAVEEN. L,
S/O LAKSHMAPPA,
AGED 26 YEARS,
REG.NO.10M1228,
R/O NO.16, KRISHNADHAMA,
7TH CROSS, KAMAKYA LAYOUT,
BENGALURU-560085.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
27
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP. BY ITS VICE-CHANCELLOR
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
4TH T BLOCK, JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1, NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES
KRISHNARAJENDRA ROAD, PARVATHIPURA,
VISHWESHRAPURA, BASAWANAGUDI,
BENGALURU-560004.
BY ITS DEAN/PRINCIPAL.
... RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3;
R4 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
28
IN W.P. NO. 52042/2019:
BETWEEN:
MS SPOORTI S HAVARAGI,
D/O SANGANNA S HAVARAGI,
AGED.19 YEARS,
REG NO.18M1228,
R/O C/O PRASHANTH H NO.63,
K E B LAYOUT,
SANJAYNAGAR,
BANGALORE-560094.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041.
REP. BY ITS VICE CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR -8,
DWARAKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
... RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
29
IN W.P. NO. 52043/2019:
BETWEEN:
A R BHARADWAJ,
S/O S AJAYKUMAR,
AGED 19 YEARS,
REG.NO.18M3736,
R/O BHARATH,
NEDIYAMONDE,
PARASUVAIKAL, P.I., PARASSALA,
THIRUVANANTHAPURAM,
KERALA-695502.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041,
REP. BY ITS VICE CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCIES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE-1,
NEW DELHI-110077.
REP. BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA
4. KANACHUR INSTITUTES OF MEDICAL SCIENCES
MANGALORE-THOKKOTTU-KANAJE UNIVERSITY ROAD,
KOTKAR VILLAGE, NATEKAL,
MANGALURU-575018,
BY ITS DEAN/PRINCIPAL.
... RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3;
SMT. HALEEMA AMEEN, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
30
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52044/2019:
BETWEEN:
DHANUSH K N,
S/O NIGARAJAPPA K B,
AGED ABOUT 19 YEARS,
REG NO.18M0695,
R/O ANUGRAHA NILAYA,
CARMEL ASHRAM,
PU VENKATESHWARA COLLEGE,
HEMAVATHI NAGAR,
HASSAN-573201.
... PETITIONER
(BY SRI.ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP BY ITS VICE CHANCELLOR.
2. THE REGISTRAR(EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU-560 070.
3. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR-8,
DWARAKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. M S RAMAIAH MEDICAL COLLEGE,
M S RAMAIAH NAGAR,
MATHIKERE,
BENGALURU-560 054.
BY ITS DEAN/PRINCIPAL.
... RESPONDENTS
(BY SRI.N.K.RAMESH, ADVOCATE FOR R1 AND R2
31
SRI.N.KHETTY, ADVOCATE FOR R3 AND
R4 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDINANCE GOVERING UNDER
GRADUATE VALUATIONS NOTIFIED BY THE RESPONDENT
UNIVERSITY VIDE NOTIFICATION DATED 29.03.2019
PRODUCED AT ANNEXURE-F.
IN W.P. NO. 52046/2019:
BETWEEN:
MR. SUMITH SURENDRA SHETTY,
S/O SURENDRA SHETTY,
AGED 19 YEARS,
REG.NO.18M3609,
R/O SRI DEVI NIVASA,
GARADY ROAD, BANNANJE,
UDUPI-376101.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. SRINIVAS INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTRE,
SRINIVAS NAGAR, MUKKA,
SURATHKAL-575021.
BY ITS DEAN/PRINCIPAL.
... RESPONDENTS
32
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3;
R4 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52047/2019:
BETWEEN:
MR. YADHUNATH. K. V.
S/O K.V.PAVITHRAN,
AGED ABOUT 25 YEARS,
REG.NO.13M7638,
R/O PRASADAM KAIRAL ROAD,
KELOTH, PAYYANUR,
KANNUR, KERALA 670001
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK,JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1, NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. A J INSTITUTE OF MEDCIAL SCIENCES
AND RESEARCH CENTER,
NH-66, KUNTIKAN, MANGALURU,
33
KARNATAKA 575004.
BY ITS DEAN/PRINCPAL.
... RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3;
SRI. RAJESH SHETTIGAR, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52049/2019:
BETWEEN:
MS. DISHA DNYANESHWAR KOWADKAR,
D/O DNYANESHWAR KOWADKAR,
AGED 19 YEARS,
REG.NO.18M4508,
R/O H NO.63, KEB LAYOUT,
SANJAYANAGAR, BENGALURU-560094.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK,JAYANAGAR,
BENGALURU-560070
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1, NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
... RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
34
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52050/2019:
BETWEEN:
MR. AFFAN MOHAMMED,
S/O JAVED AHMED,
AGED 20 YEARS,
REG.NO.18M0416,
R/O NO.11, 9TH A MAIN, 3RD CROSS,
1ST STAGE, BTM LAYOUT,
BENGALURU-560069.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK,JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1, NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. DR B R AMBEDKAR MEDICAL COLLEGE
GANDHINAGAR, KADUGONDANAHALLI,
BENGALURU-560045.
BY ITS DEAN /PRINCIPAL.
... RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 7 R2;
SRI. N KHETTY, ADVOCATE FOR R3;
35
SRI. HARISH H V, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52051/2019:
BETWEEN:
MR. F. A. NIZAMUDDIN,
S/O F. ABDUL JALEEL,
AGED 20 YEARS,
REG.NO.18M3763,
R/O FLAT NO.3A, WINDSOR MANOR,
NEXT TO HIGHLAND HOSPITAL,
FALNIR, MANGALORE-575001.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. KANACHUR INSTITUTE OF MEDICAL SCIENCES
MANGALORE-THOKKOTTU-KANAJE UNIVERSITY ROAD,
KOTKAR VILLAGE, NATEKAL,
MANGALURU-575018.
36
BY ITS DEAN/PRINCIPAL.
... RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3;
SMT. HALEEMA AMEEN, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52052/2019:
BETWEEN:
MR. VIVEK BABU,
S/O DR.T.V.BABU,
AGED 26 YEARS,
REG NO. 12M7638,
R/O NO.402, MONT TIARA APARTMENTS,
CALVARY HILOLS, NH 66,
NANTHOOR CIRLE, MANGALORE-575002.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP. BY ITS VICE CHANCELLOR.
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR-8,
DWARKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
37
4. A.J.INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTER,
NH-66, KUNTIKAN, MANGALURU,
KARNATAKA-575004.
ABY ITS DEAN/PRINCIPAL.
... RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3;
SRI. RAJESH SHETTIGAR, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52053/2019:
BETWEEN:
MR. S. R. TRISHUL,
S/O K.N.RAMACHADNRA,
AGED 23 YEARS,
REG.NO.15M3503,
R/ONO.43/101, 3RD MAIN,
S.G.LAYOUT, SARSWATHIPURA,
ULSOOR, BENGALURU-560008.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK,JAYANAGAR,
BENGLURU 560041,
REP.BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE-1,
NEW DELHI-110077.
38
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. M V J MEDICAL COLLEGE AND RESEARCH HOSPITAL,
DADNPUPALYA, N.H.NO.4,
30TH K M MILESTONE,
KOLATHUR P.O, HOSKOTE-562114.
BY ITS DEAN/PRINCIPAL.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3;
R4 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52054/2019:
BETWEEN:
MR. MOHAMMED NABEEL,
S/O MOHAMMED KIFAYATHULLA,
AGED ABOUT 20 YEARS,
REG. NO.9, 3RD CROSS,
MOSQUE STREET,
NEAR T V TOWER, J.C.NAGAR,
BANGALORE-560006.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK,JAYANAGAR,
BENGALURU-560070.
39
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8, DWARAKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. KANCHUR INSTITUTE OF MEDICAL SCIENCES
MANGALORE THOKKOTTU KANAJE UNIVERSITY ROAD,
KOTKAR VILLAGE, NATEKAL,
MANGALURU-575018.
BY ITS DEAD/PRINCIPAL.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3;
SMT. HALEEMA AMEEN, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS A
FRESH.
IN W.P. NO. 52055/2019:
BETWEEN:
MS. DHWANI SHETTY. S,
D/O B.SAJITHRAM SHETTY,
AGD 19 YEARS,
REG NO.18M4507,
R/O FLAT NO.1103, A-9, BLOCK,
ELITA PROMENADE,
J.P.NAGAR 7TH PHASE,
BENGALURU-560078.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP. BY ITS VICE-CHANCELLOR.
40
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK,JAYANAGAR,
BENGALURU-560070
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS ANATOMY PAPER II AND PHYSIOLOGY PAPER II
OF THE PHASE I MBBS EXAMINATIONS OF OCTOBER 2019
UNDERTAKEN BY THE PETITIONER IN TERMS OF THE
REGULATIONS NOTIFIED BY THE MEDICAL COUNCIL OF
INDIA AND TO ANNOUNCE THE RESULTS AFRESH.
IN W.P. NO. 52056/2019:
BETWEEN:
MR. AMOGH GOWDA,
S/O DR H.V.RAVI GOWDA,
AGED 19YEARS,
REG.NO.18M3906,
R/O NO.2729, MCC B BLOCK,
2ND MAIN, 3RD CROSS,
OPPOSITE DENTAL COLLEGE,
DAVANAGERE 577004.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP. BY ITS VICE-CHANELLOR.
41
2. THE REGISTRAR (EVALAUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK,JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. J J M MEDICAL COLLEGE
P.O.BOX NO.301, M.C.C. B BLOCK,
KUVEMPU NAGAR,DAVANAGERE,
KARNATAKA-577004,
BY ITS DEAN/PRINCIPAL.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3; R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52057/2019:
BETWEEN:
MR MOHAMMED GHOUSE MOHIDDIN,
S/O AURANG ZEB,
AGED 23 YEARS,
REG NO. 17M4066,
R/O BESIDE CLASSIC ICE-CREAM PARLOR,
INDAVARA POST,
MALLANDUR ROAD,
CHIKMAGALUR 577 101.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
42
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
4TH T BLOCK, JAYANAGAR,
BENGALURU - 560 041.
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU - 560 070.
3. MEDICAL COUNCIL OF INDIA
POCKET - 14, SECTOR - 8,
DWARAKA PHASE 1,
NEW DELHI - 110 077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. KANACHUR INSTITUTE OF MEDICAL SCIENCES
MANGALORE THOKKOTTU-KANAJE UNIVERSITY ROAD,
KOTKAR VILLAGE, NATEKAL,
MANGALURU - 575 018.
BY ITS DEAN/PRINCIPAL.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3;
SMT. HALEEMA AMEEN, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
43
IN W.P. NO. 52058/2019:
BETWEEN:
MS AISIRI K SHETTY,
D/O. KIRAN KUMAR SHETTY,
AGED ABOUT 19 YEARS,
REG. NO. 18M4490,
R/O. RASHMI KIRAN,
SR LAYOUT, NEAR AISHWARYA FORT,
CHITRADURGA-577 501.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041,
REP BY ITS VICE CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR 8,
DWARAKA PHASE 1,
NEW DELHI-110 077,
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
44
IN W.P. NO. 52060/2019:
BETWEEN:
MR. ANUP A. KAJAGAR,
S/OA DIVEPAP V KAJAGAR,
AGD 21 YEARS,
REG.NO.16M3310,
R/O DOOR NO.21/5,
PATEL GUNDAPPA STREET,
1ST CROSS J C NAGAR,
BENGALURU-560006.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041,
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK,JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR-8,
DWARAKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED SUBJECT
OF PHYSIOLOGY OF THE PHASE I MBBS EXAMINATIONS OF
JUNE 2019 AND PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
45
IN W.P. NO. 52061/2019:
BETWEEN:
MS. SHET PRANITA. P,
D/O DR SHET PRAKASHM,
AGED 20 YEARS,
REG.NO18M4554,
R/O PARAVI NILAYA,
JAYANAGAR EAST, 10TH CROSS,
TUMKUR-572101.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK,JAYANAGAR,
BENGALURU-560070
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1, NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
46
IN W.P. NO. 52063/2019:
BETWEEN:
MR AFAAN JAVEED SYED,
S/O SYED JAVEED AHMED,
AGED ABOUT 19 YEARS,
REG NO.18M3742,
R/O NO.470/A,
3RD MAIN, 4TH CROSS,
R R LAYOUT,
BANGALORE-560056.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP BY ITS VICE CHANCELLOR.
2. THE REGISTRAR(EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR-8,
DWARAKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. KANACHUR INSTITUTE OF MEDICAL SCIENCES,
MANGALORE-THOKKOTTU-KONAJE UNIVERSITY ROAD,
KOTKAR VILLAGE, NATEKAL,
MANGALURU-575018.
BY ITS DEAN/PRINCIPAL.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 7 R2;
SRI. N KHETTY, ADVOCATE FOR R3;
SMT. HALEEMA AMEEN, ADVOCATE FOR R4)
47
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52066/2019:
BETWEEN:
MS. SOUJANYA S CHIKARADDI,
D/O BASAVARAJ C.CHIKARADDI,
AGED 19 YEARS,
REG NO. 18M1226,
R/O NO.69, GREEN WAY LAYOUT,
1ST MAIN, BINGIPURA MAIN ROAD,
BANGALORE-560105.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARKA PHASE 1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
48
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52067/2019:
BETWEEN:
MR. YUMLEMBAM JASOWANTA SINGH,
S/O YUMLEMBAM BASANTA SINGH,
AGED 19 YEARS,
REG NO.18M3868,
R/O KANACHUR INSTITUTE OF MEDICAL SCIENCES,
BOYS HOSTEL, UNIVERSITY ROAD,
DERAKATTE, MANGALURU-575018.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP. BY ITS VICE CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES.
4TH T BLOCK, JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE I,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. KANACHUR INSTITUTE OF MEDICAL SCIENCES
MANGALORE THOKKOTTU KANAJE UNIVERSITY ROAD,
KOTKAR VILLAGE, NATEKAL,
MANGALURU-575018.
BY ITS DEAN/PRINICPAL.
...RESPONDENTS
49
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3;
SMT. HALEEMA AMEEN, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52070/2019:
BETWEEN:
ANKIT DUBEY,
S/O DINESH KUMAR DUBEY,
AGED ABOUT 23 YEARS,
R/AT NO:HARSHA ARCHED,
SAPTHAGIRI LANE,
HEMANTH GOWDA MAIN ROAD,
BANGALORE-560 090.
REGN. NO.13M6542,
M010 SAPTHAGIRI INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE,
BANGALORE-560090.
...PETITIONER
(BY SRI. H B RUDRESH, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
(RGUHS), 4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP BY VICE CHANCELLOR.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE,
THE REGISTARA (EVALUATION),
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1,
NEW DELHI - 110077.
REP BY THE CHAIRMAN,
BOARD OF GOVERNORS,
50
MEDICAL COUNCIL OF INDIA.
4. SAPTHAGIRI INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE,
NO.15, CHIKKASANDRA,
HESARGHATTA MAIN ROAD,
BENGALURU-560 090.
REP BY ITS DEAN/PRINCIPAL.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52082/2019:
BETWEEN:
JAHNAVI P J,
D/O JAYACHANDRA REDDY P,
AGED ABOUT 20 YEARS,
R/AT NO 107 LAA RUBY APT. MURUGAN TEMPLE,
NEW THIPPASANDRA,
BANGALORE-560075.
REGN NO. 18M1002,
M007-STUDENT OF VYDEHI INSTITUTE OF
MEDICAL SCIENCE AND RESEARCH CENTRE,
BANGALORE.
...PETITIONER
(BY SRI. H B RUDRESH, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
(RGUHS), 4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REP BY ITS VICE CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560070.
51
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARKA PHASE 1, NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. VYDEHI INSTITUE OF MEDICAL SCIENCE
AND RESEARCH CENTRE,
NO.82, EP IP ARE, WHITE FIELD,
BENGALURU-560066.
REP. BY ITS DEAN/PRINICPAL.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52111/2019:
BETWEEN:
MS. KHUSHI NARAYAN,
D/O VIKAS NARAYAN,
AGED 20 YEARS,
REG.NO.18M1014,
R/O VYDEHI INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE,
GIRLS HOSTEL, NO.82, NELLURHALLI,
WHITEFIELD, BENGALURU-560066.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK,
JAYANAGAR, BENGALURU-560041.
REP. BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
52
RAJIV GANDHI UNIVERSITY OF HELATH SCIENCE,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARAKA PHASE 1, NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. VYDEHI INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE
NO.82, NELLURHALLI, WHITEFIELD,
BENGALURU-560066.
BY ITS DEAN/PRINCIPAL.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDIANCE GOVERNING UNDER
GRADUATE VALUATIONS NOTIFIED BY THE RESPONDENT
UNIVERSITY VIDE NOTIFICATION DATED 29.03.2019
PRODUCED AT ANNEXURE-F AND DIRECT THE R-1 AND 2 TO
CONDUCT FRESH EVALUATION OF THE THEORY ANSWER
SCRIPTS OF THE FAILED SUBJECTS OF THE PHASE I MBBS
EXAMINATIONS OF OCTOBER 2019 UNDERTAKEN BY THE
PETITIONER IN TERMS OF THE REGULATIONS NOTIFIED BY
THE MEDICAL COUNCIL OF INDIA AND TO ANNOUNCE THE
RESULTS AFRESH.
IN W.P. NO. 52112/2019:
BETWEEN:
MS. THEERTHA JAYARAJ,
D/O JAYARAJAN K K.,
AGED 24 YEARS,
REG. NO.15M7779,
R/O A.J.MBBS GIRLS HOSTEL,
A.J.INSTITUTE OF MEDICAL SCIENCES,
KUNTIKANA,
MANGALORE-575004.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
53
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041,
REP. BY ITS VICE CHANCELLOR.
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCIES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560070.
3. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR-8, DWARAKA PHASE-1,
NEW DELHI-110077.
REP. BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. A.J.INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE,
NH-66, KUNTIKAN, MANGALURU,
KARNATAKA-575004,
BY ITS DEAN/PRINCIPAL.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52442/2019:
BETWEEN:
NIRANJAN M O,
S/O N ONKARAPPA,
AGED ABOUT 23 YEARS,
OCCUPATION MEDICAL STUDENT
RESIDING AT BHADRA BOYS HOSTEL,
NEAR IMA HALL, SAGAR ROAD,
SHIVAMOGGA - 577 201.
...PETITIONER
(BY SRI. DESAI SHARANABASAPPA VIRANNA, ADVOCATE)
54
AND:
1. RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES FOR KARNATAKA,
4TH BLOCK, JAYANAGAR,
BENGALURU - 560 041.
REP BY ITS VICE CHANCELLOR
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
FOR KARNATAKA,
4TH BLOCK, JAYANAGAR,
BENGALURU - 560 041.
REP BY ITS REGISTRAR (EVALUATION).
3. SHIVAMOGGA INSTITUTE OF MEDICAL SCIENCES,
SAGAR ROAD, NEAR BUS STAND,
SHIVAMOGGA - 577 201.
REP BY ITS PRINCIPAL.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. S B TOTAD, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT AUTHORITIES TO DECLARE THE RESULT OF
THE PETITIONER IN RESPECT OF 1ST YEAR M.B.B.S COURSE.
IN W.P. NO. 52624/2019:
BETWEEN:
MS NANDYAL VAIBHAVI,
D/O SHARANABASAPPA NANDYAL,
AGED 19 YEARS,
REG.NO.18M5102,
R/O C/O PRASHANTH H NO.63,
KEB LAYOUT, SANJAYNAGAR,
BANGALORE-560094.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANANGAR,
BENGALURU 560041,
REP BY ITS VICE CHANCELLOR.
55
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 070.
3. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR 8,
DWARAKA PHASE-1,
NEW DELHI -110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INIDA.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF PHYSIOLOGY OF THE PHASE I MBBS
EXAMINATIONS OF JUNE 2019 AND PHASE I MBBS
EXAMINATIONS OF OCTOBER 2019 UNDERTAKEN BY THE
PETITIONER IN TERMS OF THE REGULATIONS NOTIFIED BY
THE MEDICAL COUNCIL OF INDIA AND TO ANNOUNCE THE
RESULTS AFRESH.
IN W.P. NO. 52631/2019:
BETWEEN:
MR VARUN VENKATESH,
S/O VENKATESH T,
AGED 19 YEARS,
REG NO. 18M4257,
R/O GOWNIPALLI,
KOLAR, KARNATAKA-563161.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041.
REP BY ITS VICE CHANCELLOR.
56
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 070.
3. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR-8, DWARAKA PHASE-1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. S S INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE,
JNANASHAKARA NH-4 BYPASS,
POST BOX NO.1,
DAVANAGERE-577005.
BY ITS DEAN/PRINCIPAL.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52639/2019:
BETWEEN:
MR. PRUTHVIRAJ S,
S/O SHANKARAPPA V,
AGED ABOUT 20 YEARS,
REG NO.18M 1191,
R/O NO.70, NEAR VEERASANDRA WATER,
TANK GOLLAHALLI MAIN ROAD,
VEERASANDRA,
BENGALURU-560100.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
57
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU--560 041.
REP BY ITS VICE-CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 070.
3. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR-8, DWARAKA PHASE1,
NEW DELHI -110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER SCRIPTS OF THE FAILED
SUBJECTS OF THE PHASE I MBBS EXAMINATIONS OF
OCTOBER 2019 UNDERTAKEN BY THE PETITIONER IN
TERMS OF THE REGULATIONS NOTIFIED BY THE MEDICAL
COUNCIL OF INDIA AND TO ANNOUNCE THE RESULTS
AFRESH.
IN W.P. NO. 52640/2019:
BETWEEN:
MS DHARANI SREEDHAR,
D/O SREEDHARA K,
AGED 19 YEARS,
REG NO.18M3761,
R/O NO.62, 4TH CROSS LEFT,
KAMATH LAYOUT, C N PALYA,
JINDHAL, BANGALORE NORTH,
NAGASANDRA,
BENGALURU-560073.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
58
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041.
REP BY ITS VICE CHANCELLOR.
2. THE RGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 070.
3. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR-8, DWARAKA PHASE-1,
NEW DELHI-110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
4. KANACHUR INSTITUTE OF MEDICAL SCIENCES
MANGALORE, THOKKOTTU KANAJE UNIVERSITY ROAD,
KOTKAR VILLAGE,
NATEKAL, MANGALURU-575 018.
BY ITS DEAN/PRINCIPAL.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R1 AND 2 TO CONDUCT FRESH EVALUATION OF
THE THEORY ANSWER SCRIPTS OF THE FAILED SUBJECTS
OF THE PHASE I MBBS EXAMINATIONS OF OCTOBER 2019
UNDERTAKEN BY THE PETITIONER IN TERMS OF THE
REGULATIONS NOTIFIED BY THE MEDICAL COUNCIL OF
INDIA AND TO ANNOUNCE THE RESULTS AFRESH.
IN W.P. NO. 52964/2019:
BETWEEN:
GANGARAPU AKHIL KUMAR,
S/O GANGARAPU UDAY RAJU,
AGED ABOUT 20 YEARS,
ST JHONS MENS HOSTEL,
OPPOSITE TO ST JOHN MEDICAL COLLEGE,
DAMIAN(D) BLOCK, JHON NAGAR,
KORAMANGALA, BANGALORE-560034.
...PETITIONER
(BY SRI.SARVANA S, ADVOCATE)
59
AND:
1. REGISTRAR(EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH BLOCK, JAYANAGAR,
BANGALORE-560041.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH BLOCK, JAYANAGAR,
BANGALORE-560041.
REPRESENTED BY ITS VICE CHANCELLOR.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
REGULATION NO.4(b) OF 2019 ORDINANCE ANNEXURE-C
DATED 29.03.2019 AS INCOMPLETE, ARBITRARY AND SEEKS
TO INFUSE INEQUALITY AND THEREFORE IS VIOLATIVE OF
ARTICLE 14 OF THE CONSTITUTION OF INDIA AND ETC.,
IN W.P. NO. 1476/2020:
BETWEEN:
ROHAN K R,
S/O RAJANNA M,
AGED ABOUT 21 YEARS,
MBBS, 1ST YEARS,
JJM MEDICAL COLLEGE,
DAVANAGERE - 577001.
DAVANAGERE DISTRICT.
...PETITIONER
(BY SRI. NAVEEN J N, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU - 560041.
REP BY ITS VICE CHANCELLOR.
2. THE REGITRAR EVALUATION,
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU - 560041.
60
3. THE MEDICAL COUNCIL OF INDIA
POCKET 14, SECTOR 8,
DWARAKA PHASE 1, NEW DELHI - 110077.
REPRESENTED BY THE CHAIRMAN,
BOARD OF GOVERNORS,
MEDICAL COUNCIL OF INDIA.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 AND R2;
SRI. N KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R1 AND 2 TO CONDUCT FRESH EVALUATION OF
THE THEORY ANSWER SCRIPTS OF THE FAILED SUBJECTS
OF THE PHASE I MBBS EXAMINATIONS OF OCTOBER 2019
UNDERTAKEN BY THE PETITIONER IN TERMS OF THE
REGULATIONS NOTIFIED BY THE MEDICAL COUNCIL OF
INDIA AND TO ANNOUNCE THE RESULTS AFRESH.
IN W.P. NO. 3315/2020:
BETWEEN:
MS EMMADI MOUNIKA,
D/O SRI EMMADI RAMBABU,
AGED 25 YEARS,
R/AT DOOR NO.45,
6TH CROSS, 7TH MAIN,
SUBBANNA GARDEN,
VIJAYANAGAR 56040.
LAYOUT, YADAVANAHALLI.
...PETITIONER
(BY SRI. SATHIS KUMAR J, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE,
HAVING ITS OFFICE AT 4TH T BLOCK,
JAYNAGAR, BANGALORE 560041.
REP BY ITS VICE CHANCELLOR.
2. THE REGISTRAR (EVALUATION),
THE RAJIV GANDHIUNIVERSITY OF HEALTH SCIENCE,
HAVING ITS OFFICE AT 4TH T BLOCK,
JAYANAGAR, BAGALORE 560041.
...RESPONDENTS
(BY SRI.N K RAMESH, ADVOCATE)
61
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDINANCE GOVERNING UNDER
GRADUATE VALUATIONS NOTIFIED BY THE RESPONDENT
UNIVERSITY VIDE NOTIFICATION DATED 29.03.2019
ANNEXURE-D AND ETC.,
IN W.P. NO. 396/2020:
BETWEEN:
MISS AISHWARYA M,
D/O MANJUNATHA G.R,
AGED ABOUT 18 YEARS,
R/AT NO.12, F2-1,
5TH CROSS,2ND STAGE,
BASAVESHWARANAGAR,
BENGALURU 560 079.
...PETITIONER
(BY SRI. NISHANTH A V, ADVOCATE)
AND:
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU - 560 041.
REPRESENTED BY ITS REGISTRAR.
...RESPONDENT
(BY SRI. N K RAMESH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENT TO CONDUCT THE EVALUATION
OF ANSWER SCRIPTS OF BIOCHEMISTRY -TP1 (QP-CODE-
1079) IN THE MBBS EXAMINATION OF HELD IN THE MONTH
OF OCTOBER-2019 BY THE RESPONDENT UNIVERSITY VIDE
ANNEXURE-F AND ETC.,
IN W.P. NO. 4434/2020:
BETWEEN:
RASHI SHRINIVAS,
D/O M.R. SRINIVAS REDDY,
AGED ABOUT 21 YEARS,
MBBS STUDENT OF
RAJRAJESWARI MEDICAL COLLEGE
AND HOSPITAL, BANGALORE,
ALSO AT 49, NEW BDA LAYOUT,
ISRO LAYOUT, NEAR ABDUL KALAM PARK,
62
KANAKAPURA,
BANGALORE 560041.
...PETITIONER
(BY SRI. D R RAVISHANKAR, ADVOCATE)
AND:
1. REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH BLOCK, JAYANAGAR,
BANGALORE 560041.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH BLOCK, JAYANAGAR,
BANGLAORE 560041.
REPRESENTED BY ITS VICE CHANCELLOR.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
REGULATION NO.4(b) OF 2019 ORDINANCE ANNX-B DATED
29.03.2019, IS INCOMPLETE , ARBITRARY AND SEEKS TO
INFUSE INEQUALITY AND THEREFORE IS VIOLATIVE OF
ARTICLE 14 OF THE CONSTITUTION OF INDIA ISSUED BY
THE R-1 AND ETC.,
IN W.P. NO. 4446/2020:
BETWEEN:
RANJITHA R,
D/O C.B. RAVINDRA,
AGED ABOUT 23 YEARS,
MBBS STUDENT OF
RAJARAJESWARI MEDICAL COLLEGE
AND HOSPITAL, BANGALORE,
ALSO AT 174, 5TH MAIN,
BCC LAYOUT, VIJAYANAGAR,
BENGALURU 560040.
...PETITIONER
(BY SRI. D R RAVISHANKAR, ADVOCATE)
AND:
1. REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSIYT OF HEALTH SCIENCES
4TH BLOCK, JAYANAGAR,
BANGALORE 560041.
63
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH BLOCK, JAYANAGAR,
BANGALORE 560041.
REPRESENTED BY ITS VICE CHANCELLOR.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
REGULATION NO.4(b) OF 2019 ORDINANCE ANNEXURE-E
DATED 29.03.19 ISSUED BY R1, INCOMPLETE, ARBITRARY
AND SEEKS TO INFUSE INEQUALITY AND THEREFORE IS
VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA
AND ETC.,
IN W.P. NO. 4458/2020:
BETWEEN:
AFSHAN ALI,
S/O SIKANDAR MIYAN,
AGED ABOUT 22 YEARS,
MBBS STUDENT OF
RAJARAJESWARI MEDICAL COLLEGE AND
HOSPITAL BANGLAORE,
ALSO AT 1228, 28TH MAIN,
34TH CROSS, JAYANAGAR,
4TH T BLOCK,
BENGALURU 560041.
...PETITIONER
(BY SRI. D R RAVISHANKAR, ADVOCATE)
AND:
1. REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCINCES,
4TH ,BLOCK, JAYANGAR,
BANGALORE 560041.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH BLOCK, JAYANAGAR,
BANGALORE 560041.
REPRESENTED BY ITS VICE CHANCELLOR.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2)
64
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
REGULATION NO.4(b) OF 2019 ORDINANCE DATED
29.03.2019 ANNEXURE-F ISSUED BY R1 AS INCOMPLETE,
ARBITRARY AND SEEKS TO INFUSE INEQUALITY AND
THEREFORE IS VIOLATIVE OF ARTICLE 14 OF THE
CONSTITUTION OF INDIA AND ETC.,
IN W.P. NO. 4467/2020:
BETWEEN:
NAVANEETH K.N.
S/O NARAYANAMURTHY,
AGED ABOUT 23 YEARS,
AT MBBS STUDENT OF
RAJARAJESHWARI MEDICAL COLLEGE
AND HOSPITAL BANGALORE,
ALST AT NO.20/101,
SHREE VENKATADRI JNANA BHARATHI,
4TH BLOCK, 9TH CROSS,
NAGADEVANAHALLI,
BENGALURU-560056.
...PETITIONER
(BY SRI. D R RAVISHANKAR, ADVOCATE)
AND:
1. REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH BLOCK, JAYANAGAR,
BANGALORE-560041.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE,
4TH BLOCK, JAYANAGAR,
BANGALORE-560041.
REPRESENTED BY ITS VICE-CHANCELLOR.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
REGULATION NO.4(b) OF 2019 ORDINANCE ANNX-D ISSUED
BY R-1 DATED 29.03.2019 AS INCOMPLETE, ARBITRARY AND
SEEKS TO INFUSE INEQUALITY AND THEREFORE IS
VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA
AND ETC.,
65
IN W.P. NO. 4469/2020:
BETWEEN:
H S VARUN,
S/O SHREE HARSHA H R,
AGED ABOUT 23 YEARS,
NO.MBBS STUDENT OF
SAPTHAGIRI INSTITUTE OF
MEDICAL SCIENCES BANGALORE.
ALST AT NO.650,
3RD MAIN, 10TH A CROSS,
WEST OF CHORD ROAD,
2ND STAGE, MAHALAKSHMIPURAM,
BENGALURU-560086.
...PETITIONER
(BY SRI. D R RAVISHANKAR, ADVOCATE)
AND:
1. REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH BLOCK, JAYANAGAR,
BANGALORE-560041.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH BLOCK, JAYANAGAR,
BANGALORE-560041.
REPRESENTED BY ITS VICE CHANCELLOR.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
REGULATION NO.4(b) OF 2019 ORDINANCE ANNX-J DATED
29.03.2019 INCOMPLETE, ARBITRARY AND SEEKS TO
INFUSE INEQUALITY AND THEREFORE IS VIOLATIVE OF
ARTICLE 14 OF THE CONSTITUTION OF INDIA AND ETC.,
66
IN W.P. NO. 5068/2020:
BETWEEN:
ARYA S K,
AGED ABOUT 26 YEARS,
DAUGHTER OF D J SAM,
PERMANENT RESIDING AT
CHAITHRAM DEN'S LANE,
MULLUVILA PO, THIRUPURAM,
KANJIRAMKULAM, TRIVANDRUM,
KERALA-695133.
...PETITIONER
(BY SRI. A SHANKAR, SENIOR COUNSEL FOR
SMT. LAKSHMI MENON, ADVOCATE)
AND:
1. MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR-8,
DWARKA PHASE-1,
NEW DELHI-110077.
REPRESENTED BY ITS SECRETARY.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
4TH T BLOCK, JAYANAGAR,
BENGALURU,
KARNATAKA-560041.
REPRESENTED BY ITS REGISTRAR.
3. SRINIVAS INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE,
MUKKA, SURATHKAL,
KARNATAKA-574176.
REPRESENTED BY ITS PRINCIPAL.
4. THE STATE OF KARNATAKA,
HEALTH AND FAMILY WELFARE,
(MEDICAL EDUCATION DEPARTMENT),
VIKASA SOUDHA,
DR B R AMBEDKAR VEEDHI,
BENGALURU-560001.
REP BY ITS ADDITIONAL CHIEF SECRETARY.
...RESPONDENTS
(BY SRI. N KHETTY, ADVOCATE FOR R1;
SRI. N K RAMESH, ADVOCATE FOR R2 & R3;
SRI. R SRINIVAS GOWDA, AGA FOR R4)
67
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH SEC.35
OF THE RGUHS ACT, 1994, TO THE EXTENT THAT IT DOES
NOT PROVIDE FOR SCRUTINY OR PUBLICATION OF THE
ORDINANCES PROMUGLATED BY THE SYNDICATE (ANNX-D).
IN W.P.NO. 5882/2020:
BETWEEN:
MAYA KRISHNA KUMAR
D/O KRISHNA KUMAR,
AGED ABOUT 23 YEARS,
FINAL YERA MBBS STUDENT,
A J INSTITUTE OF MEDICAL SCIENCES,
NH 66, KUNTIKAN,
MANGALORE-575004.
...PETITIONER
(BY SRI. RAJASHEKAR S, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
JAYANAGAR, 4TH T BLOCK,
BENGALURU-560011.
REP BY ITS REGISTRAR.
2. THE REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
JAYANAGAR, 4TH T BLOCK,
BENGALURU-560011.
REP BY ITS REGISTRAR.
3. A J INSTITUTE OF MEDICAL SCIENCES,
NH 66, KUNTIKA,
MANGALORE-575004.
REPRESENTED BY ITS PRINCIPAL.
...RESPONDENTS
(BY SRI. N K RAMESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE NOTIFICATION DATED 29.03.2019 ISSUED BY R-
1 VIDE ANNEXURE-A AND ETC.,
68
IN W.P. NO. 5884/2020:
BETWEEN:
SRI.SHARANA GOUDA H,
S/O. H. SHIVANA GOWDA,
AGED ABOUT 23 YEARS,
FINAL YERA MBBS STUDENT,
S. S. INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE,
DAVANAGERE,
DAVANAGERE-577 002.
... PETITIONER
(BY SRI.RAJASHEKAR S, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
JAYANAGAR 4TH' T' BLOCK,
BENGALURU-560011
REP BY ITS REGISTRAR
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
JAYANAGAR 4TH T BLOCK,
BENGALURU-560011.
REP BY ITS REGISTRAR.
3. S. S. INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH CENTRE,
DAVANAGERE,
DAVANAGERE-577001.
REPRESENTED BY ITS PRINCIPAL.
... RESPONDENTS
(BY SRI.N.K.RAMESH, ADVOCATE FOR R1 AND R2
R3 IS SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTIFICATION DATED 29.03.2019 ISSUED BY R-
1 VIDE ANNEXURE-A AND DIRECT THE RESPONDENTS TO
CONDUCT REVALUATION OF THE ANSWER SCRIPTS OF THE
PETITIONER HAVING REGISTRATION NO.10M0895 IN
RESPECT OF OBSTRETRICS AND GYNECOLOGY PAPER-1
AND 2 IN THE EXAMINATION CONDUCTED DURING
DECEMBER 2019 BY THE R-1 AND 2.
69
IN W.P. NO. 5922/2020:
BETWEEN:
CYRIAC GERARD SEBASTIAN,
S/O SIBY ABRAHAM,
AGED ABOUT 23 YEARS,
RESIDING AT APT #123, SOBHA ONYX,
AGARA,BANGALORE-560102.
... PETITIONER
(BY SRI.ANIYAN JOSEPH ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041
REP BY ITS VICE CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH' T' BLOCK JAYANAGAR,
BENGALURU-560 041.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8, DWARAKA PHASE I,
NEW DELHI-110 077.
REPRESENTED BY ITS CHAIRMAN.
... RESPONDENTS
(BY SRI.N.K.RAMESH, ADVOCATE FOR R-1 AND R2
SRI.N.KHETTY, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-G NOTIFICATION DATED 29.03.2019 ISSUED BY
THE R-1 AND DIRECT THE R-1 AND R 2 TO CONDUCT A
FRESH EVALUATION OF THE PETITIONERS THEORY ANSWER
SCRIPTS OF THE SUBJECTS MEDICINE, SURGERY AND
OBSTETRICS AND GYNECOLOGY OF THE PHASE III- PART II
MBBS (RS3) EXAMINATION HELD IN THE MONTH OF
DECEMBER 2019.
70
IN W.P. NO. 6449/2020:
BETWEEN:
AVINASH KUMAR,
S/O ASHOK KUMAR,
AGE ABOUT 22 YEARS,
NO AKASH INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTER,
DEVANAHALLI,
BANGALORE RURAL - 562110.
... PETITIONER
(BY SRI.D.R.RAVISHANKAR, ADVOCATE)
AND:
1. REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HELATH SCIENCES
4TH BLOCK, JAYANAGAR,
BENGALURU - 560041.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH BLOCK, JAYANAGAR,
BENGALURU - 560041.
REP BY ITS VICE- CHANCELLOR.
... RESPONDENTS
(BY SRI.N.K.RAMESH, ADVOCATE FOR R1 AND R2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE
REGULATION NO.4(b) OF 2019 ORDINANCE ISSUED BY THE
R-1 DATED 29.03.2019 VIDE ANNEXURE-D, AS INCOMPLETE,
ARBITRARY, AND SEEKS TO INFUSE INEQUALITY AND
THEREFORE IS VIOLATIVE OF ARTICLE 14 OF THE
CONSTITIUTION OF INDIA AND ETC.,
IN W.P. NO. 6837/2020:
BETWEEN:
MS. VEMULAPATI PRATHYUSHA,
D/O SRI. SREENIVASULU,
AGE 24 YEARS,
71
R/AT DOOR NO.45,
6TH CROSS, 7TH MAIN,
SUBBANNA GARDEN,
VIJAYNAGAR,
BANGALORE 560040.
... PETITIONER
(BY SRI.SATHISH KUMAR.J, ADVOCATE)
AND:
1. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
HAVING ITS OFFICE AT 4TH T BLOCK,
JAYNAGAR, BANGALORE 560041.
REP BY ITS VICE CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
"THE RAJIV GANDHIUNIVERSITY OF HEALTH SCIENCE,"
HAVING ITS OFFICE AT 4TH T BLOCK,
JAYNAGAR,
BANGALORE 560041.
... RESPONDENTS
(BY SRI. N.K.RAMESH ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDINANCE GOVERNING UNDER
GRADUATE VALUATIONS NOTIFIED BY THE RESPONDENT
UNIVERSITY VIDE NOTIFICATIION DATED 29.03.2019
ANNEXURE-D AND.
IN W.P. NO. 7820/2020:
BETWEEN:
MISS CHANDANA D.K,
AGED 25 YEARS,
D/O MR .D. C. K. KALEGOWDA,
R/A 211, 7TH A MAIN,
RPC LAYOUT, HAMPINAGAR,
BENGALURU-560040.
... PETITIONER
(BY SRI.A.V.NISHANTH, ADVOCATE)
72
AND:
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
REPRESENTED BY ITS REGISTRAR.
... RESPONDENT
(BY SRI.N.K.RAMESH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDINANCE GOVERNING UNDER
GRADUATE VALUATIONS NOTIFIED BY THE RESPONDENT
UNIVERSITY VIDE NOTIFICATIONS DATED 29.03.2019 VIDE
ANNEXURE-F.
IN W.P. NO. 7959/2020:
BETWEEN:
MISS AKANSHA UMESH,
D/O DR. UMESH. K,
AGED ABOUT 22 YEARS,
R/AT NO.378,
UPPER PALACE ORCHARDS,
SADASHIVANAGAR,
BENGALURU - 560 080.
... PETITIONER
(BY SRI.A.V.NISHANTH, ADVOCATE)
AND:
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU - 560 041.
REPRESENTED BY ITS REGISTRAR.
... RESPONDENT
(BY SRI.N.K.RAMESH ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORINANCE GOVERNING UNDER
GRADUATE VALUATIONS NOTIFIED BY THE RESPONDENT
UNIVERSITY VIDE NOTIFICATION DATED 29.03.2019 VIDE
ANNEXURE-F.
THESE PETITIONS HAVING BEEN HEARD AND
RESERVED FOR ORDER, THIS DAY, THE COURT
PRONOUNCED THE FOLLOWING:
73
ORDER
In all these petitions, the students of MBBS Course are grieving against the "Ordinance Governing Undergraduate evaluation of answer scripts" 2019 promulgated by the respondent - University through it's Syndicate vide Notification dated 29.03.2019; the said Ordinance which is made effective from 01.03.2019 provides for Deviation Valuation to be conducted by the third evaluator where the difference of marks awarded by the two evaluators inter se is 15% or more of the maximum marks prescribed for the paper in question. After service of notice, the respondent-University having entered appearance through its Sr. Panel Counsel resists the writ petitions by filing a common Statement of Objections.
2. All these cases have common questions of facts & law, with little differences that do not much matter to adjudicating and therefore, all they have been taken up together for hearing and disposal by a common judgment, as suggested by the counsel. Having heard the learned counsel for the parties and having perused the petition papers and also having adverted to the only relevant 74 rulings cited at the Bar, this Court grants moulded relief to the petitioners in view of the following discussion:
3. A brief background of Revaluation/Deviation Valuation of Answer Scripts in Medical Courses of the respondent - University:
A) The University's Syndicate serially promulgated Ordinances from time to time, u/s 35 (1) of the Rajiv Gandhi University of Health Sciences Act, 1994 inter alia providing for Valuation, Revaluation & Deviation Valuation of the answer scripts of medical students. Some changes have been brought about inter alia in the percentage difference as a factor, brief particulars of which are as under:
(a) Para 3 (ii) of Rajiv Gandhi University of Health Sciences (Provision for double valuation) Ordinances, 1999 reads as under:
"DOUBLE VALUATION"
"ii. All answer papers wherein the difference in award of marks between the first and second value is 20% or more of the maximum marks prescribed for that paper, shall be referred to a third examiner appointed by the Vice-Chancellor chosen from the approved panel. The average marks of any two valuations close to each other shall be the final marks to be awarded for declaration of result. If the difference between any of the two valuations out of the three is same, then the award for declaration of result shall be chosen to the best advantage of the candidate. In all other cases, the average of the 75 marks awarded by the first and second valuers shall be taken as final."
(b) 2010 Ordinance Governing Revaluation: The 2010 "Ordinance Governing Revaluation", promulgated vide Notification dated 23.03.2010 introduced the revaluation system by the 3rd and 5th examiners for U.G. and P.G. examinations respectively. Paragraph 4 of the said Ordinance reads as under:
"PROCEDURE FOR REVALUATION:
(i) All the answer papers wherein the difference in award of marks between two valuers and four valuers as the case may be in the general valuation is 15% or more of the maximum marks prescribed for the paper, shall be referred to a 3rd or 5th examiner as the case may be for valuation appointed by the Vice-Chancellor chosen from an approved panel.
(ii) The average of the marks awarded by the 3rd examiner and the marks close to it in the two general valuations shall be considered for final computation of the results.
(iii) The average of marks awarded by the 5th examiner and the other three marks close to it amongst the four general valuation marks shall be considered for the final computation of the results .......".
(c) Paragraph 4 of 2012 "Ordinance Governing Multiple valuation", published vide Notification dated 15.06.2012 reads as under:
"4. PROCEDURE FOR MULTIPLE VALUATION: 76
(i) All the answer-papers which are subjected for double valuation, wherein the difference in award of marks between TWO valuations is ≥ 15%, shall be referred to THIRD examiner appointed by Vice-Chancellor chosen from an approved panel.
(ii) All the answer-papers which are subjected for four valuations, wherein the difference in award of marks between FOUR valuations is ≥ 15%, shall be referred to FIFTH examiner appointed by Vice-Chancellor chosen from an approved panel.
(iii) The average of BEST OF TWO OUT OF THREE VALUATION marks or the average of BEST OF FOUR OUT OF FIVE VALUATION MARKS as the case may be shall be considered for the final computation of the results. ...".
(d) 2017 Ordinance promulgated vide Notification dated 09.01.2017 for U.G. examination has been extracted hereunder:
"Each paper shall be subjected for double valuation. The deviation report shall be generated based on the actual marks scored by the candidate if the difference of marks between valuations is > 15 % of the maximum marks stipulated for the paper without rounding up the marks to the next higher whole digit.
Average of best of two valuation marks shall be considered for final computation of results after rounding up the fractional mark, if nay, to the next higher whole digit."
(e) 2017 Ordinance was promulgated vide Notification dated 17.10.2017 for the examinations of P.G. Degree and Diploma Courses, paragraph (b) whereof, reads as under:
77
"b) In the answer paper, if the difference in the marks awarded between four evaluators is equal to or more than 15%, such answer papers shall be referred to 5th valuation."
B) Impugned Ordinance promulgated vide Notification dated 29.03.2019:
Some medical students of Undergraduate and Post Graduate Courses had knocked at the doors of Writ Court in W.P.Nos. 48194-48198/2018 etc., between Dr. Menaka Mohan Vs. RGUHS ( (2019) 2 KCCR 965) complaining that in terms of June, 2012 Ordinance, the University was not referring their answer scripts for third/fifth valuation despite the difference between two sets of valuations inter se was 15% or more; the respondent-University had unsuccessfully resisted those writ petitions contending that the prescribed percentage difference is not as against two valuations inter se but as against the maximum marks prescribed for the paper in question; this Court vide judgment dated 21.12.2018, upheld the contention of the students rejecting the stand of the University and directed for third/fifth valuation.
C) The respondent-University in the above backdrop of the facts has promulgated the impugned Ordinance which governs the examination conducted on or after 78 01.03.2019; by virtue of this new Ordinance, all the other extant Ordinances concerning the matter stand repealed and the 15% difference is now made as against the maximum marks prescribed for the paper in question and not between two sets of evaluations; this is put in challenge in these writ petitions.
4) The challenge to the impugned Ordinance is inter alia on the grounds of legislative competence, arbitrariness, retrospectivity, non-publication, procedural infirmities and repugnancy with the extant MCI Regulations; it is also contended that the impugned Ordinance does not address the cases of extreme erratic valuations and therefore Writ Court should not refrain from granting relief to the victims de horse Ordinance in such matters; arguments are also advanced for reading down of the Ordinance; the Ordinance is apparently repugnant to the provisions of Graduate Medical Education Regulations, 1997 promulgated by the Medical Council of India u/s 33 of the Indian Medical Council Act, 1956, the same is liable to be struck down on that sole ground as has been discussed below; thus in the considered opinion of this Court there is no need for 79 undertaking the examination of all other contentions and the rulings pressed into service in support thereof.
5) The impugned Ordinance in the case of undergraduates provides for deviation valuation by the third evaluator if the difference of marks awarded by the two inter se is 15% or more of the maximum marks prescribed for the paper in question; thus, this Ordinance is structured apparently on the premise that all the answer scripts of Undergraduates are liable to be subjected to valuation by only two evaluators, whereas, Regulation 13(2) of the Regulations on Graduate Medical Education, 1997 mandate valuation by the four; this contention of the petitioners is seconded by learned Sr. Panel Counsel for the MCI; in fact, the University has adopted the system of valuation by four evaluators in respect of practical examinations carrying 20% of the total marks for the Undergraduates; learned counsel for the University seeks to justify the lapse on the part of the University in not adopting the same method in respect of Theory Papers as well, on the assumed unavailability of enough number of Evaluators; it is too feeble a justification for disobeying the mandate of law;
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6) There is a lot of force in the argument of the petitioners that the aforesaid Regulation 13(2) of 1997 Regulations is in substance pari materia, notwithstanding little textual variance with Regulation 14(1)(b) of the MCI Post Graduate Medical Education Regulations, 2000; both the Regulations are reproduced below in juxtaposition:
13(2) There shall be at least four examiners for 100 students, out of whom not less than 50% must be external examiners of the four examiners, the senior most internal examiner will act as the Chairman and Coordinator of the whole examination program so that uniformity in the matter of assessment of candidates is maintained. Where candidates appearing are more than 100, one additional examiner, for every additional 50 are part thereof candidates appearing, be appointed.
14(1)(b) For all Postgraduate examinations, the minimum number of Examiners shall be four, out of which at least two (50%) shall be External Examiners, who shall be invited from other recognized Universities from outside the State. Two sets of internal examiners may be appointed one for M.D./M.S. and one for Diploma.
Regulation 14(1)(b) has been considered by a Coordinate Bench of this Court vide judgment dated 27.09.2016 in W.P.No.49749/2016 etc., between Dr. Haritha Ravipati Vs. RGUHS; the learned Judge having considered all aspects of the matter directed the respondent - University "to conduct fresh evaluation of 81 answer scripts of all the petitioners who have failed in the subjects ... in accordance with the provisions of Regulation 14(1)(b)..."; this judgment having not been challenged has attained finality, is not in dispute.
7) The contention of learned Sr. Panel Counsel for the University that throughout the Country, many Universities have adopted only Double Valuation Method since very long and that the same method has been followed by this University too ab inceptio with no complaints whatsoever from the MCI or the students, is no justification for such a flagrant violation of law; two millenniums ago the great Roman Lawyer Marcus Tullius Cicero (106-43 B.C.) had said "let heavens fall down, law should be obeyed..."; this Court is at loss to know as to how despite uniform mandatory legal prescription, the University could have had one standard for undergraduates and the other for the Postgraduates; to make it's case worse, the University has been following Four Valuation Method for the Undergraduate Practical Examinations, which are only for a frugal 20% of total marks prescribed for the course; however, for the Theory Papers comprising the remaining huge 80%, such a method is not extended; strange it sounds, but fact it is. 82
8) The contention of learned Counsel for the University that the subject MCI Regulations have been amended w.e.f. November, 2019 whereby discretion is vested in the Universities to adopt Double Valuation Method, does not come to its rescue; the said amendment is in so many words, made applicable to the Courses commencing from the Academic Year 2019-20 onwards as pointed out by Prof V.R.Datar; denying relief to the petitioners on the basis of such a prospective Regulation amounts to this Court, unjustifiably giving retrospective effect, thereto; the MCI being a statutory expert academic body in it's wisdom, has enacted a policy with prospectife effect by the amendment in question and this Court has to show due deference to the same; the " catch straw"argument that if relief is granted to the petitioners, the same may open up the flood gates of litigations is too poor a ground for denying remedy to the deserving litigants.
In the above circumstances, these writ petitions succeed; a Writ of Certiorari issues quashing the impugned Ordinance in its entirety; a Writ of Mandamus issues to the respondent-University to cause valuation of all Theory 83 answer scripts of all the petitioners by a set of Four Evaluators, in terms of Regulation 13(2) of Graduate Medical Education Regulations, 1997, forthwith.
It needs to be mentioned that the benefit of this judgment should be made extended to all the similarly circumstanced students who have been failed in the Theory Papers on the basis of assessment under Double Valuation Method, if they so seek within a reasonable period and without driving them to the litigation process unnecessarily; it is open to the respondent-University to devise its own mechanism for giving effect to this judgment.
However, this judgment shall not be construed as warranting a fresh valuation of any Theory Papers in which the students have already been declared passed/successful.
It is needless to mention that the University shall accomplish valuation by two more evaluators of the subject answer scripts before the examinations for the next level are notified; the candidates who do not emerge victorious on account of valuation by two more evaluators may reappear for the examination in question in accordance with law.
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It is open to the University to re-promulgate similar Ordinance if & when it duly adopts Double Valuation Method under the now amended MCI Regulations, and in accordance with law.
Costs made easy.
Sd/-
JUDGE Snb/Bsv