Karnataka High Court
Dr M D Golap Hussain vs Rajiv Gandhi University Of Health ... on 13 November, 2020
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.10365 OF 2020 (EDN-RES)
BETWEEN:
DR. M.D.GOLAP HUSSAIN,
AGED ABOUT 39 YEARS,
S/O FATIK ALI AHMED,
R/AT VILL KALATOLI,
PATHAR, KALATI,
KAMRUP. ASSAM - 781 136.
...PETITIONER
(BY SRI. LAKSHMI NARAYAN, SR. COUNSEL FOR
KUM.ANUSHA.L, ADVOCATE.
AND:
1 . RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH BLOCK, JAYANAGAR,
BANGALORE - 560 041
REPRESENTED BY ITS REGISTRAR
2 . THE REGISTRAR OF EVALUATION,
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BANGALORE -560 041.
...RESPONDENTS
(BY SRI. N.K.RAMESH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER
FOR REVALUATION OF THREE SUBJECTS I.E., PAPER-I, PAPER-
II AND PAPER-III (ANNEXURE-C, D AND E) BASED ON
JUDGEMENT OF THIS HONBLE COURT IN DR.MENAKA MOHAN
AND OTHERS V. THE REGISTRAR (EVALUATION) RAJIV GANDHI
UNIVERSITY OF HEALTH SCIENCES AND OTHERS IN
W.P.NO.48194-48198/2018, DATED 21.12.2018 ANNEXURE-A
AND NEELESH MEHETA VS RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCS AND OTHERS, WRIT PETITION
2
NO.31335/2019 DISPOSED OFF ON 10.08.2020 ANNEXURE-B
AND CONNECTED MATTERS EXTEND THE RELIEF OF
REVALUATION TO THE PETITIONER IN THE ABOVE FOUR
PAPERS.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY
THROUGH VIDEO CONFERENCE, THE COURT MADE THE
FOLLOWING:
ORDER
The grievance of the petitioner a medical student is against the alleged erratic valuation of his answer scripts that eventually resulted into his failing in the concerned subject for want of one single mark.
2. After service of notice, the respondent-University has entered appearance through it's senior Panel Counsel who fairly submits that a policy decision has been taken by the Syndicate yesterday i.e., on 12.11.2020 whereunder, the cases of the kind can be leniently considered as a one time measure, in view of an extraordinary situation created by Covid-19 pandemic and in the best interest of the students.
In the above circumstances, this writ petition is disposed off directing the respondent-University to consider the claim of the petitioner under the new policy and award 3 benefit thereof to him, subject to his complying eligibility conditions.
It hardly needs to be stated that the petitioner shall forthwith make an appropriate representation furnishing all material particulars that are required for due consideration of his claim under the new policy.
Lastly, it is made clear that the benefit of this new policy shall be extended to all the students who have been similarly circumstanced, of course subject to all just exceptions, so that they will not be compelled to approach the Court unnecessarily.
No costs.
Sd/-
JUDGE DS