Karnataka High Court
Ms. Niharika. S vs Rajiv Gandhi University Of Health ... on 5 May, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MAY, 2022
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.9166 OF 2022 (EDN-RES)
BETWEEN:
MS NIHARIKA S
D/O SRINIVAS P
AGED ABOUT 20 YEARS
REG NO.20M7254
R/O # 82, NALLURAHALLI
NEAR BMTC 18TH DEPOT
WHITEFIELD
BANGALORE-560066.
... PETITIONER
(BY SMT. AKKAMAHADEVI HIREMATH, ADV.)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES (RGUHS)
4TH T BLOCK, JAYANAGAR
BENGALURU-560041
REPRESEENED BY ITS REGISTRAR.
2. THE NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR-8
DWARAKA PHASE-1
NEW DELHI-110077
REPRESENTED BY ITS EXECUTIVE SECRETARY.
... RESPONDENTS
(BY SRI HARISH GANAPATHY, ADV.)
***
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT TO SEND THE ANSWER SCRIPTS OF THE
PETITIONER IN PHYSIOLOGY THEORY PAPER 2 OF THE PHASE 1
MBBS (RS4) EXAMINATION HELD IN FEBRUARY 2022 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.13626 OF
2021 PRODUCED AS ANNEXURE-C AND IN W.P. NO.9004 OF 2022
PRODUCED AS ANNEXURE-D.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed seeking the following relief:
"Issue a writ order or direction in the nature of mandamus to the respondent to send the answer scripts of the petitioner in physiology Theory Paper 2 of the phase 1 MBBS (RS4) examination held in February 2022 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.13626 of 2021 produced as Annexure-C and in W.P. No.9004 of 2022 produced as annexure-D".3
2. Learned counsel for the petitioner submits that the issue involved in this petition is covered by the decision of a Co-ordinate Bench of this Court in Writ Petition 9004 of 2022 disposed of on 28-4-2022, wherein it is held that wherever there is difference of 15% or more between the marks awarded by the two evaluators, the same shall be sent for third valuation. Hence, this petition also requires to be disposed of in the light of the order passed in Writ Petition No.9004 of 2022.
3. Accordingly, I pass the following 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 4 Ordinance, nevertheless, revaluation shall be conducted even in such cases, in terms of the Ordinance of 2012. This shall apply not only to the petitioner, but to all students, similarly situated;
iii. Such students who become eligible for the second year course shall be treated on par with the present second year students;
iv. The revaluation shall be conducted and results shall be announced as expeditiously as possible and at any rate within a period of two weeks' from the date of receipt of a certified copy of this order; and v. 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.
Sd/-
JUDGE kvk