Karnataka High Court
Dr. Abhishek S.A vs Rajiv Gandhi University Of Health ... on 22 November, 2022
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WRIT PETITION No.18239 of 2022
C/W WP NO. 20565 OF 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 18239 OF 2022 (EDN-RES)
c/w
WRIT PETITION No.20565 OF 2022
IN WP No.18239 OF 2022
BETWEEN:
DR. ABHISHEK S.A
AGED ABOUT 34 YEARS,
R/AT NO.22 1ST FLOOR,
ANANDA NILAYA
BETWEEN 8TH AND 9TH CROSS
JUPITOR HOSPITAL
MALLESHWARAM
BENGALURU-560003
...PETITIONER
(BY SMT. SUMANA BALIGA M., ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH "T" BLOCK JAYANAGAR
BENGALURU
KARNATAKA -560041
REP. BY REGISTRAR EVALUATION.
Digitally signed by
LAKSHMINARAYAN N
Location: High Court
of Karnataka 2. NATIONAL MEDICAL COUNCIL
POCKET NO.14 SECTOR 8 DWARAKA
NEW DELHI-110077
REP. BY ITS SECRETARY
...RESPONDENTS
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WRIT PETITION No.18239 of 2022
C/W WP NO. 20565 OF 2022
(BY SRI M S DEVARAJU., ADVOCATE FOR R1;
SRI N KHETTY, ADVOCATE FOR R2))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THE PETITIONER AS PASS IN THE EXAMINATION IN
THE DISCIPLINE OF "MCH NEURO SURGERY" EXAMINATION
CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH
SCIENCES HELD ON AUGUST 2022 BY ROUNDING OFF THE
MARKS FROM 49.5 PERCENT TO 50 PERCENT AS PER THE
DECISION OF THIS HON'BLE COURT IN BY ORDER DATED
30.11.2021 IN W.P.NO.17479/2021 VIDE AND BY ORDER
DATED 08.03.2022 IN RP 384/2021 AND AS PER THE
DECISION OF SYNDICATE MEETING HELD ON 12.11.2020 OR
IN THE ALTERNATIVE DIRECT THE R1 TO CONDUCT THE RE-
EVALUATION OF PAPER TP-1 AFTER PROVIDING THE ANSWER
KEYS AND THEN DECLARE THE RESULT.
IN WP No.20565 OF 2022
BETWEEN:
DR. SANTHOSHA
S/O RAJU KULAL
AGED 31 YEARS,
SRI KRISHNA NILAYA
VAKWADY POST AND VILLAGE
KUNDAPUR, UDUPI DISTRICT-576257.
...PETITIONER
(BY SMT. SUMANA BALIGA M., ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH "T" BLOCK JAYANAGAR
BENGALURU
KARNATAKA -560041
REP. BY REGISTRAR EVALUATION.
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WRIT PETITION No.18239 of 2022
C/W WP NO. 20565 OF 2022
2. NATIONAL MEDICAL COUNCIL
POCKET NO.14 SECTOR 8 DWARAKA
NEW DELHI-110077
REP. BY ITS SECRETARY
...RESPONDENTS
(BY SRI M S DEVARAJU., ADVOCATE FOR R1;
SRI N KHETTY, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THE PETITIONER AS PASS IN THE EXAMINATION IN
THE DISCIPLINE OF "MD RADIO THERAPY" EXAMINATION
CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH
SCIENCES HELD ON MAY, 2022 BY ROUNDING OFF THE MARKS
FROM 49.5 PERCENT TO 50 PERCENT AS PER THE DECISION
OF THIS HON'BLE COURT IN BY ORDER DATED 30.11.2021 IN
W.P.NO.17479/2021 VIDE AND BY ORDER DATED 08.03.2022
IN RP 384/2021 AND AS PER THE DECISION OF SYNDICATE
MEETING HELD ON 12.11.2020 ANNEXURE-F AND E1; AND
RESULT.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP , THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
In Writ Petition No.18239 of 2021, the petitioner has sought for direction to respondent-University to declare that petitioner has passed examination in the discipline of 'MCH Neuro Surgery' conducted by respondent-University during August 2022 by rounding off the marks from 49.5% to 50%. -4-
WRIT PETITION No.18239 of 2022 C/W WP NO. 20565 OF 2022
2. In Writ Petition No.20565 of 2022, the petitioner sought for direction to the respondent-University to declare that the petitioner has passed in the examination in the discipline of 'M.D Radio Therapy' conducted by the respondent- University during May 2022 by rounding off the marks from 49.5% to 50%.
3. I have heard Smt. Sumana Baliga, learned counsel appearing for the petitioners and Sri M.S. Devaraju, learned counsel appearing for the respondent-University and Sri N Khetty, learned counsel appearing for the respondent No.2.
4. Smt Sumana Baliga, learned counsel appearing for the petitioners invited the attention of the court to the marks obtained by the petitioners as set out in Annexure-A to the writ petitions, and submitted that the petitioners have scored 49.5% in the relevant and respective examinations conducted by respondent-University. In this regard, learned counsel appearing for the petitioners also invited the attention of the court to the Ordinance dated 29.03.2019, (Annexure-C) and particularly, referring to Clause 5(I)(b) as well as the order -5- WRIT PETITION No.18239 of 2022 C/W WP NO. 20565 OF 2022 passed by this Court in Writ Petition No.17479 of 2021, decided on 30.09.2021, submitted that as the petitioners herein have scored 49.5%, the same has to be rounded off to 50% and the respondent-University shall issue fresh marks cards as the petitioners have passed relevant examinations.
5. Per contra, learned counsel appearing for the respondents, submitted that the Ordinance issued by the respondent-University is for evaluation of the answer sheets of the petitioners and the said provisions cannot be made applicable for rounding off the percentage while announcing the results. Therefore, learned counsel appearing for the respondents submits that no interference is called for in these petitions.
6. In the light of the submission made by the learned counsel appearing for the parties, it is not in dispute that the petitioners have scored 49.5% in the relevant subjects in the examination conducted by the respondent-University, during May and August, 2022. In this regard, it is relevant to extract Regulation 5(I)(b) of Ordinance, which reads as under: -6-
WRIT PETITION No.18239 of 2022 C/W WP NO. 20565 OF 2022 "5.(I)(b). The average of best four total marks for the paper awarded by 5 evaluators, which is rounded off to the nearest value, shall be considered for final computation of the results."
7. The language employed in the aforementioned Regulation of the Ordinance would indicate that the respondent-University shall consider the best four total marks for the paper awarded by examiners and in the event of any fraction in the total marks, same has to be rounded off to the nearest value. In the present petitions, as the petitioners have scored 49.5%, in terms of the aforementioned Regulation of the Ordinance dated 29.03.2019, the same has to be rounded off to 50%. I have also noticed that, in identical case in Writ Petition No.17479 of 2021, decided on 30.09.2021, this court, allowed the writ petition and extended the benefit of rounding off in favour of the petitioner therein. In that view of the matter, taking into account the provisions contained in the Ordinance and the law declared by this court referred to above, I am of the view that the respondent-University shall round off the marks obtained by the petitioners as 50% in lieu of 49.5%. I have carefully examined the notification dated 29.03.2019, -7- WRIT PETITION No.18239 of 2022 C/W WP NO. 20565 OF 2022 wherein, the said notification has been issued by the respondent-University by considering grievance of the students of medicine, as a Covid-19 pandemic measure and for the benefit the students. Therefore, respondent-University is directed to round off marks obtained by the petitioners as 50% in the place of 49.5% and issue fresh marks cards to the petitioners within a period of two weeks from the date of receipt of certified copy of this order.
Accordingly, the writ petitions are allowed.
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JUDGE SB List No.: 1 Sl No.: 43