Karnataka High Court
Hassan vs The Registrar (Evaluation) on 8 June, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
W.P. NO.1205 OF 2022
C/w
W.P.NO.3589 OF 2022(EDN-RES)
IN W.P.NO.1205 OF 2022
BETWEEN:
1. HASSAN,
S/O MOHAMED,
AGED ABOUT 25 YEARS,
STUDENT OF: VIVEKANANDA COLLEGE OF
PHARMACY, R/@ NO.7, GROUND FLOOR,
2ND 'C' CROSS, BHOOPASANDARA,
BENGALURU-560 094.
REGISTRATION NUMBER:15P2066.
2. AZAM AHMED ELMUSTAFA
S/O AHMED ELMUSTAFA OMER
AGED ABOUT 25 YEARS,
STUDENT OF: OXBRIDGE COLLEGE OF
PHARMACY, R/AT : 2ND CROSS HrBr KALYAN
NAGAR, BENGALURU-560 094.
REGISTRATION NUMBER:16P0610.
3. SIDDIG ELIMAM,
S/O: MOHAMMED ALI,
AGED ABOUT 27 YEARS,
STUDENT OF: OXBRIDGE COLLEGE OF PHARMACY
R/AT: NO.13/4, 2ND FLOOR, 21ST C MAIN,
JP NAGAR, 2ND PHASE, MARENAHALLI,
BENGALURU:560 078.
REGISTRATION NUMBER:12P0620.
2
4. FARIS AHMED MOHAMED OSMAN,
S/O AHMED MOHAMED OSMAN,
AGED ABOUT 26 YEARS,
STUDENTS OF: KARNATAKA COLLEGE OF
PHARMACY, No.33/2, THIRUMENAHALLI,
HEDGE NAGAR MAIN ROAD,
JAKKUR POST, YELAHANKA HOBLI,
BENGALURU-560 064.
REGISTRATION NUMBER:15p8073.
5. MOHAMMED GHAZENPHER,
S/O MOHAMMED AKRAM,
AGED ABOUT 25 YEARS,
STUDENT OF SRI. K.V. COLLEGE OF PHARMACY,
FAROOR MASJID ROAD,
NEAR NETHAJI CIRCLE,
8TH WARD BAGEPALLI, 561207
REGISTRATION NUMBER:14P2819.
6. MOHAMED ALI,
S/O ALSIDDIG
AGED ABOUT 25 YEARS,
STUDENT OF: PO06- KRUPANIDHI COLLEGE OF
PHARMACY, R/AT: PANATHUR, VARTHUR HOBLI,
BENGALURU-560 035
REGISTRATION NUMBER:15P0823.
7. OMER,
S/O: ALI MUTASIM,
AGED ABOUT 28 YEARS,
STUDENT OF: P006- KRUPANIDHI COLLEGE
OF PHARMACY, R/AT PANATHUR, VARTHUR
HOBLI, BENGALURU-560 035.
REGISTRATION NUMBER:11P0779.
... PETITIONERS
(BY SRI. TRIVIKRAM S, ADVOCATE)
AND:
1. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH
SCIENCES, HAVING ITS OFFICE AT:
3
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041.
2. RAJIV GANDHI UNIVERSITY OF HEALTH
SCIENCES, REPRESENTED BY ITS
VICE CHANCELLOR,
HAVING ITS OFFICE AT:
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041.
3. THE PHARMACY COUNCIL OF INDIA,
REPRESENTED BY ITS VICE PRESIDENT,
HAVING ITS OFFICE AT:
NBCC CENTRE, 3RD FLOOR, PLOT NO.2,
COMMUNITY CENTRE, MAA ANANDAMAI MARG,
OKHLA PHASE-I, LANDMARK-(NEAR HOTEL
CROWNE PLAZA), NEW DELHI-110 020.
... RESPONDENTS
(BY SRI. HARISH GANAPATHY, ADV., FOR R1 & R2;
SRI. HARSHA P. BANAD, ADV., FOR R3).
THIS WRIT PETITION IS FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY
OTHER APPROPRIATE WRIT AND QUASH THE
ORDINANCE DATED 29.03.2019 BEARING
NOTIFICATION NO.RGU/AUTH/140-SYN/117-7
(EXAM)/2018-19 FOUND AT ANNEXURE-H AND ETC.,
IN W.P.NO.3589 OF 2022
BETWEEN
1. MANJUNATHA G,
S/O ERANNA,
AGED ABOUT 21 YEARS
STUDENT OF:ACHARYA BM REDDY COLLEGE
OF PHARMACY, R/AT NO.148, 5TH WARD,
SINDHNUR ROAD, GANGA NAGAR,
SIRUGUPPA-583 121.
UNIVERSITY REGISTRATION NUMBER:19P0024.
4
2. VEMAN KUMAR G.E,
S/O ERANNA,
AGED ABOUT 21 YEARS,
STUDENT OF VL COLLEGE OF PHARMACY,
R/AT: 116, GROUND FLOOR,
DEVARU COLONY, RAICHUR-583 121,
UNIVERSITY REGISTRATION NUMBER:1892006.
4. OSMAN MAHJOUB OSMAN HASSAN,
S/O MAHJOUB OSMAN HASSAN,
AGED ABOUT 27 YEARS,
STUDENT OF:EAST WEST COLLEGE OF
PHARMACY, R/AT:NO.13/4, 2ND FLOOR,
21ST C MAIN, JP NAGAR, 2ND PHASE,
MARENAHALLI BENGALURU-560 078
UNIVERSITY REGISTRATION NUMBER:12P8685.
...PETITIONERS.
(BY SRI. TRIVIKRAM S, ADVOCATE)
AND
1. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH
SCIENCES, HAVING ITS OFFICE AT:
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041.
2. RAJIV GANDHI UNIVERSITY OF HEALTH
SCIENCES, REPRESENTED BY ITS
VICE CHANCELLOR,
HAVING ITS OFFICE AT:
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041.
...RESPONDENTS
(BY SRI. N.K. RAMESH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDINANCE DATED 29.03.2019 FOUND AT
ANNEXURE-D AND DIRECT THE RESPONDENT NO.2 TO
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SET UP AN EXPERT COMMITTEE TO FORMULATE A
PROPER EVALUATION METHOD/MECHANISM FOR THE
UNDERGRADUATE COURSE/IN THE R-2 UNIVERSITY.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING 'B' GROUP, THIS DAY THE
COURT MADE THE FOLLOWING:
ORDER
The petitioners are B. Pharma students and are studying in the college affiliated to respondent No.2- University. They have failed in the examination conducted in December, 2021. Not happy with the evaluation of the respondent No.2 - University, the petitioners have made representation to the University with a prayer to re-evaluate the answer scripts in which they have failed. As the same has not been considered, the instant writ petition is filed challenging the notification pertaining to Under Graduate Evaluation of answer scripts and they have sought for a direction to the University to re-evaluate their answer scripts. During the course of the arguments, it is submitted that the Ordinance under challenge in the instant writ petition i.e., Ordinance Governing Under Graduate evaluation of answer scripts has been struck down by a 6 co-ordinate Bench of this Court. However, the same has been challenged by the University before the Division Bench and there is an interim order staying the said judgment. For the said reasons, the learned counsel appearing for the petitioners submit that they be given an opportunity to make a fresh representation to the respondents No.1 and 2 - University highlighting the error committed in the evaluation and seek re- evaluation of the answer scripts and that they would not press for the reliefs prayed in the instant writ petition.
2. The learned counsel representing respondents No.1 and 2 -University submits that if the petitioners were to make a representation to the University, the same would be considered in accordance with law and appropriate decision would be taken. Hence, the following:
ORDER The petitioners are permitted to make a representation to the University in respect of the re-evaluation of their answer scripts. If such a representation is made, the University 7 shall consider the same in accordance with law and take appropriate decision within a period of one week thereafter.
Accordingly, the writ petitions stands disposed of.
Sd/-
JUDGE AG