Karnataka High Court
Mr Mohammed Yaseen vs Dr N Ramakrishna Reddy on 18 August, 2022
Author: B.Veerappa
Bench: B.Veerappa
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CCC No. 907 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2022
PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
THE HON'BLE MR. JUSTICE G. BASAVARAJA
CIVIL CONTEMPT PETITION NO. 907 OF 2021
BETWEEN:
1. MR. MOHAMMED YASEEN,
AGED ABOUT 20 YEARS,
S/O MR. ABDUL SUBHAN,
VYDEHI INSTITUTE OF DENTAL SCIENCES
AND RESEARH CENTRE,
NO.82, NALLURAHALLI,
NEAR BMTC 18TH DEPOT,
WHITEFIELD,
BANGALORE-560066.
2. MR. SYED SARFARAJ AKRAM
AGED ABOUT 20 YEARS,
S/O MR. ABDUL HAYAT,
R/AT AL-AMEEN MEDICAL COLLEGE AND HOSPITAL,
ATHANI ROAD, VIJAYAPURA,
KARNATAKA-586108.
3. MR. MOHEMMED OSAMAN AWATI,
Digitally signed by
AGED ABOUT 20 YEARS,
USHA S/O MR. JILANI,
NAGENAHALLI
SHANMUKHAPPA R/AT AL-AMEEN MEDICAL COLLEGE AND HOSPITAL,
Location: High
Court of Karnataka
ATHANI ROAD, VIJAYAPURA,
KARNATAKA-586108.
4. MS. VARSHA V. GOUDA,
AGED ABOUT 21 YEARS,
D/O MR. VEERABASANA GOUDA,
PERMANENTLY R/AT D2 708, L AND T SOUTH CITY,
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CCC No. 907 of 2021
AREKERE MICRO LAYOUT,
BANNERGHATTA ROAD,
BENGALURU-560076.
5. MS. MADHU M. THIMMAPUR,
AGED ABOUT 20 YEARS,
D/O MR. MAHALINGAPPA,
R/AT AL-AMEEN MEDICAL COLLEGE AND HOSPITAL,
ATHANI ROAD, VIJAYAPURA,
KARNATAKA-586108.
6. MR. ARJUN MALLIKARJUNA GOWDA,
AGED ABOUT 20 YEARS,
S/O MR. MALLIKARJUNA RUDRAPPA GOWDA,
R/AT SRINIVAS INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE,
MUKKA, SURATHKAL-574146.
7. MR. A. AMAL,
AGED ABOUT 21 YEARS,
S/O MR. NAILKUMAR A,
PERMANENTLY R/AT ANJANAM PUTHOOR PO,
KOTTARAKKARA, KOLLAM,
KERALA-691507.
...COMPLAINANTS
(BY SRI AKSHAY KUMAR JAIN V., ADVOCATE FOR
SMT. LAKSHMI MENON., ADVOCATE)
AND:
1. DR. N. RAMAKRISHNA REDDY,
REGISTRAR (EVALUATION),
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU , KARNATAKA-560041.
...ACCUSED
(BY SMT. FARAH FATHIMA., ADVOCATE)
*****
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURT ACT, 1971, THE CONTEMPT OF
COURT PROCEEDINGS RULES, 1987 R/W ARTICLE 215 OF THE
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CCC No. 907 of 2021
CONSTITUTION OF INDIA R/W SECTION 151 OF CPC, 1908, BY
THE COMPLAINANT PRAYING TO INITIATE APPROPRIATE
CONTEMPT PROCEEDINGS AGAINST THE FIRST ACCUSED FOR
DELIBERATE DISOBEDIENCE OF THE ORDER DATED
07.10.2021 PASSED BY THIS COURT IN WP Nos.13626/2021
AND CONNECTED PETITIONS (ANNEXURE-A).
THIS CCC COMING ON FOR ORDERS THIS DAY,
B.VEERAPPA J., MADE THE FOLLOWING:
ORDER
The present contempt proceeding is initiated by the complainants against the accused under the provisions of Sections 11 and 12 of the Contempt of Court Act alleging disobedience of the order, dated 7.10.2021, passed by the learned Single Judge of this Court in W.P.No.13626/2021 and connected matters wherein while disposing of the writ petitions, at paragraph-26, the following order was passed:
"(1) The impugned Ordinance dated 01.02.2021, is quashed and set aside. Before promulgating the next Ordinance, the respondent-University shall ensure that the matter is placed before its Committee of Academic Council and act according to the advise of the Academic Council.
-4- CCC No. 907 of 2021(2) Consequently, applying the provisions of the Ordinance of 2012, wherever there is difference of 15% or more between the marks awarded by the two evaluators, the same shall be sent for third valuation. In case where third valuation was already done pursuant to the impugned Ordinance, nevertheless, revaluation shall be conducted even in such cases, in terms of the Ordinance of 2012. This shall apply not only to the petitioners, but to all students, similarly situated.
(3) Consequent to the revaluation, if a student becomes eligible to be promoted to the second year course, such student shall be permitted to attend to the second year classes.
(4) Such students shall be provided with make-up classes. However, if such students are found wanting on account of attendance to write the semester examination of the second year, alternative examination shall be conducted for such students after the minimum requirement of attendance is met.
-5- CCC No. 907 of 2021(5) Such students who become eligible for the second year course shall be treated on par with the present second year students.
(6) The revaluation shall be conducted and results shall be announced as expeditiously as possible and at any rate within a period of three weeks from the date of receipt of a certified copy of this order.
(7) In case of all other students who are not successful even after the revaluation, they shall be entitled for one more additional opportunity, beyond the four prescribed attempts.
Ordered accordingly."
2. Sri Akshay Kumar Jain V., for Smt. Lakshmi Menon, learned Counsel for the complainants has filed an affidavit of compliance, dated 18.6.2022 of the Registrar Evaluation, Rajiv Gandhi University of Health Sciences, Jayanagar, Bengaluru, stating that in terms of the order passed by the learned Single Judge of this Court, the University conducted meeting for implementation of the judgment to the complainants along with other similarly placed students, who had not approached this -6- CCC No. 907 of 2021 Court, in order to avoid multiplicity of litigation and to benefit all students as one time measure. Soon after receipt of the judgment, dated 7.10.2021 on 26.10.2021, they initiated the process of implementation and identified about 6082 answer sheets under (RS-3 Examination Scheme) and about 2605 answer sheets under (RS-4 Examination Scheme) in various subjects for re-valuation i.e., total 8687 answer sheets and appointed eligible valuators to commence valuation process. It is further stated that due to the large number of answer papers, the entire re-valuation process was completed in November-December, 2021 and results were declared on 8.12.2021. The said re-valuation process was to be undertaken by the doctors/evaluators. In view of unavoidable circumstances i.e., COVID-19 Pandemic, there was delay of one and half months in compliance of the order passed by this Court. The said compliance affidavit is placed on record.
3. In view of the above, we pass the following:
ORDER
i) Contempt proceedings are hereby dropped; and -7- CCC No. 907 of 2021
ii) However, it is always open for the complainants to initiate fresh contempt proceedings, still if any grievance exists, against the accused in accordance with law.
Sd/-
JUDGE Sd/-
JUDGE Nsu/-