Karnataka High Court
Ms. Pragya vs Rajiv Gandhi University Of Health ... on 28 April, 2022
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
WP NO. 9004/2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.9004 OF 2022 (EDN-RES)
BETWEEN:
1. MS. PRAGYA
D/O SURAJ PRAKASH CHOUDHARY
AGED ABOUT 21 YEARS
R/A NO.B16 BGS GIMS WOMEN'S HOSTEL
NO.67 BGS HEALTH AND EDUCATION CITY
UTTARAHALLI KENGERI
BENGALURU-560060
2. MS SAHANA KALASAGOND
D/O BASAVARAJ
AGED ABOUT 21 YEARS
R/A ANAND NAGAR
BESIDE SHANTINIKETAN CAMPUS
VIJAYAPURA-586101
3. MR KARTHIK RATHOD
S/O BHOJU RATHOD
AGED ABOUT 21 YEARS
R/A SHREE BHUVANESWARI NIVAS
4TH CROSS
VIDHYANAGAR
SINDAGI
VIJAYAPURA-586128
4. MS HAMSINI SUDHEENDRA
D/O P R SUDHEENDRA
AGED ABOUT 22 YEARS
R/A VISHASHTA 7TH CROSS
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WP NO. 9004/2022
A BLOCK SHARAVATI NAGAR
SHIVAMOGGA-577201
5. SRI ROHAN SATIHAL
S/O SABU SATIHAL
AGED ABOUT 22 YEARS
R/A PLOT NO.511
SECTOR 3
SHIVABASAVANAGAR
BELGAVI-590010
6. SRI SHIVAPRASAD HIREMATH
S/O SRI PRABHUDEV
AGED ABOUT 22 YEARS
R/A NO.88
VIVEK NAGAR WEST
VIJAYAPURA-586109
7. SRI DADA KHALANDAR B
S/O SRI ASLAM
AGED ABOUT 21 YEARS
R/A HOSTEL BASAWESHWARA COLLEGE AND HOSPITAL
CHITRADURGA-577502
8. SRI SHATHNU KADIAN
S/O SUNDER LAL KADIAN
AGED ABOUT 22 YEARS
R/A HOSTEL BELGAUM INSTITUTE OF MEDICAL
SCIENCES
BELGAVI-590010
9. MS KANCHANA SIRI LINGAM
D/O L RAMAKRISHNA
AGED ABOUT 20 YEARS
R/A 5TH CROSS
WIDIA LO
VIJAYNAGAR
BENGALURU-560040
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WP NO. 9004/2022
10 . SRI ACHYUTHA GOWDA M
S/O R MARISWAMY
AGED ABOUT 21 YEARS
R/A NO.187, 3RD CROSS
ANJNI EXTENSION
CHITAMANI
CHIKKABALLAPURA-563125
11 . MS YASHA R REDDY
D/O K M RAKASHEKAR
AGED ABOUT 20 YEARS
R/A SUNNY BROOKS COMMUNITY
SARJAPUR ROAD
BENGALURU-560035
12 . MS LOVNA K S
D/O SHAMSUDHEEN K V
AGED ABOUT 20 YEARS
R/A SHAMS
MLA ROAD
KAMMANAMPARAMBA
MAYANAD POST
KOZHIKODE
KERALA-673008
13 . SRI VISHWANATH C
S/O CHOWDA NAIK
AGED ABOUT 21 YEARS
R/A HOSTEL KODAGU INSTITUTE OF MEDICAL
SCIENCES
MADIKERI-571201
14 . SRI ADVAITH PRAKASH KORWAR
S/O PRAKASH KORWAR
AGED ABOUT 20 YEARS
R/A GURUKRUPA UDIGE ROAD
BIDAR-585401
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WP NO. 9004/2022
15 . MS SHALINI G
D/O GEETHA PRIYA
AGED ABOUT 21 YEARS
R/A GEETHAPRIYA GURUNILAYA
LINGADEVARU EXT
SRIRAMPURA
HOSADURGA
CHITRADURGA-577542
16 . MS TRISHNA SHETTY N
D/O SUDEEP P SHETTY
AGED ABOUT 20 YEARS
R/A BALAJI DARBAR
PADIL
DAKSHINA KANNADA-575007
17 . SRI SHARVIL RAI
S/O SUDESH KUMAR RAI
AGED ABOUT 20 YEARS
R/A MOSACO APARTMENT
NEHRU AVENU CROSS ROAD
KODIYALBAIL
DAKSHIN KANNADA-575003
18 . MS BHAVNA PRIYA
D/O NARAYANA PURANIK
AGED ABOUT 20 YEARS
R/A 1-66
RATHA BEEDI KOOLU
BYNDOOR
UDUPI-576220
19 . SRI MAHARSHI
S/O RAMESH
AGED ABOUT 21 YEARS
R/A B-2
RR REGENCY 3RD CROSS
IDEAL HOMES TOWNSHIP
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WP NO. 9004/2022
RAJARAJESHWARI NAGAR
BANGALORE-560098
20 . MS SRIDEVI I
D/O NARAYANA REDDY
AGED ABOUT 21 YEARS
R/A NO.428/12
HIG 8TH MAIN
RAGHAVENDRA TEMPLE A SECTOR
YELAHANKA
BANGALORE-560064
21 . MS BHAGYASHREE PATIL
D/O BASANAGOUD
AGED ABOUT 21 YEARS
R/A M G BOGAR
PLOT NO.692
CTS NO.782
KUMARASWAMY LAYOUT
BELAGAVI-590010
22 . SRI YASHUKIRAN N
S/O UMANATH N
AGED ABOUT 21 YEARS
R/A 1-42 NEKKILADY GUTTHU HOUSE
34 NEKKILADI
PUTTUR
DAKSHINA KANNADA-574325
23 . SRI ADITYA VISHISHT
S/O DR MANOJKUMAR SHARMA
AGED ABOUT 20 YEARS
R/A NO.1, BLOCK 1
TYPE V
BYRASNDRA CAMPUS
NIMHANS
BENGALURU-560029
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WP NO. 9004/2022
24 . MS SAKE SAI SWEETY
D/O SAKE NARAYANA
AGED ABOUT 20 YEARS
R/A NO.F NO.017
ASN GALAXY APARTMENT
HORAMAVU
BANGALORE-560043
25 . MS BHARATHI R
D/O RAMACHANDRA REDDY
R/A NO.218
DODDA THOGUR
ELECTRONIC CITY
BANGALORE-560100
26 . MS IRA PRAKASH THOTA
D/O JAYA PRAKASH T
AGED ABOUT 21 YEARS
R/A P2, 4TH FLOOR
2ND BLOCK
I J ACACIA APARTMENTS
BETHEL NAGAR MAIN ROAD
K R PURAM
BANGALORE-560049
...PETITIONERS
(BY SRI. MONESH KUMAR K B, ADVOCATE)
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WP NO. 9004/2022
AND
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK
JAYANAGAR
BENGALURU-560041
REP BY ITS REGISTRAR EVALUATION
RESPONDENT
(BY SRI. HARISH GANAPATHI, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO SEND ANSWER SCRIPTS TO THE THIRD
VALUATOR FOR REVALUATION AND ANNOUNCE THE RESULTS
BY CONSIDERING THE AVERAGE OF BEST OF TWO MARKS AS
AWARDED BY THE THREE EXAMINERS IN VIEW OF THE
JUDGMENTS OF THIS HON'BLE COURT IN W.P.NO.31335/2019-
ANNEXURE A AND AFFIRMED IN W.P.NO.231/2021 CONFIRMED
IN W.P.NO.13626/2021-ANNEXURE F.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Sri.Harish Ganapathi, learned counsel accepts notice for respondent.
2. The petitioners are before this Court seeking for the following reliefs:
a) "Issue a writ order or direction in the nature of mandamus to the respondent to send the answer scripts to the third valuator for revaluation and announce the results by -8- WP NO. 9004/2022 considering the average of best of two marks as awarded by the three examiners in view of the judgments of this Hon'ble Court in W P No.31335/2019 produced as Annexure-A, in W.P.No.231/2021 produced as Annexure-D, and affirmed in W.P.No.231/2021, confirmed in W.P.No.13626/2021 produced as Annexure-F.
b) Pass such other orders/directions as this Hon'ble Court may deem fit and proper considering the facts and circumstances of this case in the interest of justice and equity."
3. The contention of the petitioners is that the petitioners were enrolled as MBBS students for the academic year 2020-2021. Having taken up the exams and valuation of the papers having taken place, the petitioners were declared `failed' mark.
The contention of the petitioners now is that there are only two valuations as regards the papers of the petitioner and as such the third valuation is required to be carried out.
4. Learned counsel for the respondent by referring to the decision of this court in W.P.No.9619/2021 and connected matter on 17.12.2021 submits that the -9- WP NO. 9004/2022 petitioner is bound by the ordinance dated 01.02.2021 and as such no such third valuation can be permitted.
5. In reply thereto, learned counsel for petitioners relies on an earlier decision of this court in W.P.No.13626/2021 and connected matters, whereunder ordinance dated 01.02.2021 is quashed.
Therefore he submits that the subsequent Judgment upholding the ordinance will not come in the way of consideration of above petition inasmuch as by the time when the order in writ petition No.9619/2021 and connected matter had been passed, ordinance dated 01.02.2021 was already quashed and not in existence as on 17.12.2021.
This court by its order dated 07.10.2021 in W.P.No.13626/2021 and connected matters has passed the following order:
(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
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WP NO. 9004/2022Committee of Academic Council and act according to the advise of the Academic Council.
(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) Such students who become eligible for the second year course shall be treated on par with the present second year students.
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WP NO. 9004/2022
(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."
6. Considering that the ordinance dated 01.02.2021 had already been quashed on 07.10.2021 the subsequent order dated 17.12.2021 wherein no reference is made to the earlier order dated 07.10.2021 is required to be held to be per incuriam since the same was not brought to the notice of the said court.
7. The ordinance having stood quashed on 07.10.2021 the benefit thereof is required to be extended to the petitioners and similar order that is passed in W.P.13626/2021 would enure to the benefit of the petitioners. As such I pass the following:
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WP NO. 9004/2022
ORDER
(i) Writ petition is allowed.
(ii) 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.
(iii) 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.
(iv) 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.
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WP NO. 9004/2022(v) Such students who become eligible for the second year course shall be treated on par with the present second year students.
(vi) 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.
(vii) 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.
Sd/-
JUDGE MR List No.: 2 Sl No.: 6