Anusha L G vs Rajiv Gandhi University Of Health ... on 26 April, 2022

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Karnataka High Court

Anusha L G vs Rajiv Gandhi University Of Health ... on 26 April, 2022

Bench: Suraj Govindaraj

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 26TH DAY OF APRIL, 2022
                           BEFORE
        THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

       WRIT PETITION NO.8862 OF 2022 (EDN-RES)

BETWEEN:

ANUSHA L.G
D/O. GUNDURAO L
AGED ABOUT 23 YEARS
NO.146, 1ST FLOOR, D.V.G.ROAD
GANDHIBAZAR, BASAVANAGUDI
BANGALORE-560 004
                                              ... PETITIONER
(BY SRI.RAJENDRA KUMAR SUNGAY T.P, ADVOCATE-PH)
AND:

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH 'T' BLOCK, JAYANAGAR
BANGALROE-560 041
REP. BY ITS REGISTRAR
                                               ... RESPONDENT
(BY SRI.N.K.RAMESH, ADVOCATE-PH)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING TO CONDUCT-2
MORE ADDITIONAL EVALUATION IN RESPECT OF ANSWER SCRIPTS OF
MICRO BIOLOGY THEORY PAPERS OF M.B.B.S. PHASE-II (RS3)
EXAMINAITON TAKEN BY THE PETITIONER HELD IN FEBRUARY 2022
WITH REGISTER NO.15M1312 IN TERMS OF REGULATION 13(2) OF
GRADUATE MEDICAL EDUCATION REGULATIONS 1997 INCLUDING
DEVIATION   VALUATIONS    AS   PER   THE  ORDER    PASSED   IN
W.P.NO.10244/2021 DTD.1.7.2021 AND CONNECTED PETITIONS AND TO
DECLARE THE RESULTS AND ISSUE MARKS CARD ANNEXURE-F AND ETC.,

     THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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                             ORDER

1. The petitioner is before this Court seeking for the following reliefs;

i) Issue a writ of Mandamus directing respondent to conduct 2 more additional evaluation in respect of answer scripts of 'Micro Biology' Theory papers of M.B.B.S. Phase II (RS3) examination taken by the petitioner held in February 2022 with Register No.15M1312, in terms of Regulation 13(2) of Graduate Medical Education Regulations, 1997, including deviation valuations as per the order passed in W.P.10244/2021 dated 1-7-2021 & connected petitions and to declare the results and issue marks card and;

ii) Grant such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity."

2. The grievance of the petitioner is that there has been only two evaluations which have taken place, though there were four evaluations which were required to be carried out in terms of the decision of this Court in Neelesh Mehta Vs. Rajiv Gandhi Medical Sciences in W.P.No.31335/2019 disposed of on 10.08.2020.

3. In view thereof, only two evaluation having taken place, I pass the following;

ORDER The Respondent - University is directed to conduct two additional valuations of the failed subjects of the petitioners for MBBS (RS3) Examinations of February, 2022 in terms of Regulation 13 of the Medical Council of India Graduate Medical Education Regulation, 1997, which shall include deviation valuation, if there is difference of 15% marks between the evaluators, the deviation valuation to be conducted within a period of two weeks from today and in the event of deviation valuation to be conducted within a period of one week thereafter.

Sd/-

JUDGE GH

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