Karnataka High Court
Dr. Keerthi Kilas Chaurasia vs Rajiv Gandhi University Of Health ... on 29 September, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No. 14972 OF 2022 (EDN-RES)
BETWEEN:
DR.KEERTHI KILAS CHAURASIA,
D/O KILAS RAM K. CHAURASIA,
AGED ABOUT 29 YEARS,
RESIDING AT #24, 4TH CROSS,
GROUND FLOOR, SUPRAJANAGAR,
CHUNCHGATTA MAIN ROAD,
BANGALORE - 560062.
...PETITIONER
(BY SMT. SUMANA BALIGA, ADV.)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR, BENGALURU,
KARNATAKA - 560041.
REP BY REGISTRAR EVALUATION.
2. NATIONAL MEDICAL COUNCIL,
POCKET NO.14, SECTOR 8,
DWARAKA, NEW DELHI - 110077.
REP BY ITS SECRETARY.
...RESPONDENTS
(BY SRI. M.S. DEVARAJU ,ADV. FOR R1
SRI. N.KHETTY., ADV FOR R2 )
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT R1 TO
REFER THE ANSWER SCRIPT OF THE PETITONER IN RESPECT
OF PAPER -I CODE NO.1020 BY THE 3RD EVALUATOR
PRODUCED AS ANNEXURE-C FOR RE-EVALUATION/5TH
EVALUATION AFTER PROVIDING THE ANSWER KEY AND ETC.
THIS W.P. COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
In this petition, petitioner has sought for the following reliefs:-
" a. Issue of an appropriate Writ of Mandamus directing the 1st respondent to refer the answer script of the petitioner in respect of Paper-I, Code No.1020 by the 3rd evaluator produced as Annexure-C for re-evaluation/ 5th evaluation after providing the answer key.
b. Issue a an appropriate Writ, Order, or Direction to the 1st Respondent to round off the marks from 50 to 51 in compliance of the direction by this Hon'ble Court in RP.384/2021.
C. Issue of an appropriate writ, Order, or Direction to the 1st Respondent to declare the results of petitioner in the discipline of M.D. Pediatrics Examination May 2022 conducted by the Rajiv Gandhi University of Health Sciences after considering the re-evaluation/5th evaluation marks in paper-i and rounded off of Paper III.
d. Grant such other relief/s that this Hon'ble court may deem fit in the facts and circumstances of the matter."
2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.
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3. On instructions, learned counsel for the petitioner submits that the petitioner intends to give up prayer No.(b). The said submission is placed on record.
4. The material on record discloses that insofar as the prayer No.(a) is concerned, having regard to the Notification at Annexure-D dated 29.03.2019 passed by the 1st respondent in relation to Post Graduation students is concerned, the 1st respondent - RGUHS is directed to conduct the additional valuation in relation to Paper No.1 (Pediatrics) of the petitioner within a period of four weeks from the date of receipt of a copy of this order. Pursuant to conducting additional 5th valuation as stated supra, the 1st respondent - RGUHS shall announce the results of the said valuation undertaken and the result of the same shall be furnished to the petitioner within a period of two weeks from the date of valuation.
Though several contentions have been urged by both sides in support of their respective claims, it is made clear that the present order is passed in the peculiar / special facts and circumstances of the instant case and this order 4 shall not be treated as a precedent nor have any precedential value for any purpose whatsoever.
5. Subject to the aforesaid directions, petition stands disposed of.
Sd/-
JUDGE Srl.