Yejurva S. Patil vs Rajiv Gandhi University Of Health ... on 27 March, 2018

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Karnataka High Court

Yejurva S. Patil vs Rajiv Gandhi University Of Health ... on 27 March, 2018

Bench: A.S.Bopanna

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 27TH DAY OF MARCH, 2018

                          BEFORE

        THE HON'BLE MR. JUSTICE A.S.BOPANNA

     WRIT PETITION NO.55573/2017(EDN-Ex)

BETWEEN :

Yejurva S.Patil,
D/o.Shankaragowda Patil,
Aged 20 years,
I year MBBS,
Dr.B.R.Ambedkar Medical College,
Bangalore - 560 043.                     ...PETITIONER

     (By Sri.Shivarudra, Adv.)

AND :

Rajiv Gandhi University
Of Health Sciences,
Rep. by its Registrar,
4th T Block, Jayanagar,
Bangalore - 560 041.                  ...RESPONDENT

     (By Sri.N.K.Ramesh, Adv.)

                          . . . .

     This writ petition is filed under Articles 226 and 227
of the Constitution of India praying to direct the
respondent - University to consider the representation
                                -2-


dated 07.12.2017 given by the petitioner vide Annexure 'E'
and answer scripts referred to in Annexures 'A' to 'D' be
valued by the fourth/third valuer as the case may be.


       This writ petition coming on for preliminary hearing
in 'B' Group, this day, the Court made the following:


                            ORDER

The petitioner is before this Court seeking issue of mandamus to direct the respondent - University to consider the representation dated 07.12.2017 at Annexure 'E' to the petition.

2. The petitioner, a student of the MBBS Course having appeared for the examinations has sought for revaluation to be made by a different examiner and such evaluation has been completed. The details of the same is available at Annexures 'A' to 'D'. In respect of one of the papers namely 'Anatomy- Papers No.1 and 2', the petitioner seeks that if a further consideration for the evaluation is made, there is likelihood that the petitioner -3- would secure more marks. It is in that view the petitioner has made the representation dated 07.12.2017 seeking such consideration. Since the representation has not evoked any response, the petitioner is before this Court.

3. In a matter where the evaluation of the papers is guided by the Regulations and the Notification, it would not be appropriate for this Court to go into the merits of the contention as put forth in the petition. However, when a request has been made, the petitioner should know as to whether the same has been considered or not. Therefore, only in that view of the matter since the representation is pending, respondent is directed to take note of the representation, consider the same and intimate the result of the consideration to the petitioner.

To enable such consideration, the petitioner shall file one more copy of the representation along with a copy of this order with the respondent.

-4-

The result thereof shall be made known to the petitioner as expeditiously as possible, but not later than two weeks from the date on which a copy is furnished.

Petition is accordingly disposed of.

Sd/-

JUDGE SPS

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