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Karnataka High Court

Mr Pradhyoth Sai Manohar vs Rajiv Gandhi University Of Health ... on 15 November, 2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 15TH DAY OF NOVEMBER 2021

                      BEFORE

      THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

 WRIT PETITION NO.19963 OF 2021 (EDN-RES)

BETWEEN:

1.    MR. PRADHYOTH SAI MANOHAR
      S/O MR. SAI MANOHAR,
      AGED ABOUT 24 YEARS,
      UNIVERISITY REG NO.15M3844,
      R/O P.304, RENAISSANCE EXOTICA APARTMENTS,
      JAKKUR PLANTATION ROAD,
      JAKKUR, BENGALURU-560 064.

2.    MS. PRIYA M S L
      D/O MR. M V SRIKANTH,
      AGED ABOUT 25 YEARS,
      UNIVERSITY REG. NO.14M8484,
      R/O NO.24, VENKATADRI GRUHALAKSHMI LAYOUT,
      1ST STAGE, BASAVESHWARANAGAR,
      6TH CROSS, BENGALURU 560 079.

3.    MR. C M PRAJEET CHAKRAVARTHY
      S/O MR. N. MURTHY,
      AGED 23 YEARS,
      UNIVERSITY REG. NO.15M1055,
      R/O NO.26, 1ST MAIN, 5TH CROSS,
      WOC ROAD, MAHAJANAPATHINAGAR,
      BENGALURU-560 010.
                                      ...PETITIONERS

(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
                         2


AND:

1 . RAJIV GANDHI UNIVERSITY OF
    HEALTH SCIENCES
    4TH 'T' BLOCK,
    JAYANAGAR,
    BENGALURU 560 041,
    REP. BY ITS VICE CHANCELLOR

2 . THE REGISTRAR
    RAJIV GANDHI UNIVERSITY OF
    HEALTH SCIENCES,
    4TH 'T' BLOCK,
    JAYANAGAR,
    BENGALURU-560 070.

3 . NATIONAL MEDICAL COMMISSION
    POCKET 14, SECTOR-8,
    DWARAKA PHASE 1, NEW DELHI -110 077,
    REPRESENTED BY THE EXECUTIVE SECRETARY,

                                    ...RESPONDENTS

(BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1 AND R-2
    SRI. N. KHETTY, ADVOCATE FOR R-3)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA DIRECTING
THE RESPONDENT No.1 AND RESPONDENT No.2 TO
CONDUCT 2 ADDITIONAL VALUATIONS OF THE FAILED
SUBJECTS OF THE (RS3) MBBS EXAMINATIONS OF
SEPTEMBER 2021 UNDERTAKE BY THE PETITIONERS,
INCLUDING DEVIATION VALUATIONS ON THERE BEING A
DIFFERENCE OF 15 PERCENT MARKS BETWEEN ALL THE
EVALUATORS, STRICTLY IN TERMS OF ORDER DATED
01.07.2021   PASSED   IN   W.P.NO.10244/2021  AND
CONNECTED WRIT PETITIONS VIDE ANNEXURE-F AS PER
THE LAW ALREADY DECLARED BY THIS HON'BLE COURT
IN THE EARLIER WRIT PETITIONS AND TO ANNOUNCE THE
RESULTS AFRESH AND ETC.
                              3




     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:

                       ORDER

The petitioners have filed the present petition seeking for the following reliefs:

(a) To issue a writ or order or direction in the nature of mandamus directing respondent Nos.1 and 2 to conduct 2 additional valuations of the failed subjects of the (RS3) MBBS Examinations of September 2021 undertaken by the petitioners; including deviation valuations on there being a difference of 15% marks between all the evaluators;
(b) To issue a writ or order or direction in the nature of mandamus directing respondent Nos.1 and 2 to compute the results of the petitioners of failed subjects by taking average of the top two marks from amongst the top four valuation marks.

2. Learned counsel for the parties jointly submit that the issue involved in this writ petition has been already considered by this Court in W.P.No. 10244/2021 & connected matters, disposed of on 01.07.2021. Learned counsel for the parties jointly 4 submit that this writ petition may be disposed of in terms of the said order.

3. Their submission is placed on record.

4. Accordingly, I proceed to pass the following:

ORDER The writ petition is disposed of in terms of the order passed in W.P.No. 10244/2021 & connected matters, disposed of on 01.07.2021.
Respondent-University is directed to comply with the order within a period of four weeks from the date of receipt of a copy of this order.
Respondent Nos.1 and 2 are directed to conduct two additional valuations of failed subjects of (RS3) MBBS Examinations of September 2021, undertaken by the petitioners, within a period of two weeks from the date of receipt of a copy of this order and further respondent-University is 5 directed to declare the results within a period of one week there from.
SD/-
JUDGE RD