Dr. Kavya. G. S vs The Registrar on 12 August, 2022

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Karnataka High Court

Dr. Kavya. G. S vs The Registrar on 12 August, 2022

Bench: S.R.Krishna Kumar

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 12TH DAY OF AUGUST, 2022

                         BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

       WRIT PETITION NO.9335 OF 2022 (EDN-RES)
BETWEEN:

DR. KAVYA. G. S.
D/O SRI. SURESH G E
AGED ABOUT 26 YEARS,
DEPT. OF SHALYATANTRA
R/AT S.D.M. COLLEGE OF AYURVEDA
KUTHPADY, UDUPI -574 118.
                                             ...PETITIONER
(BY SRI. R SHASHIDHARA, ADVOCATE)

AND:

1.     THE REGISTRAR
       RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
       4TH T BLCOK EAST, JAYANAGAR
       BENGALURU -560 041.

2.     THE PRINCIPAL
       S.D.M. COLLEGE OF AYURVEDA
       KUTHPADY, UDUPI-574 118.
                                           ...RESPONDENTS
(BY SMT. FARAH FATHIMA, ADVOCATE FOR R1
   SRI. RAKSHITH KUMAR, ADVOCATE FOR R2)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT UNIVERSITY TO CONSIDER THE REQUISITION
DATED 12.04.2022 GIVEN BY THE PETITIONER VIDE ANNX-G AND
RE-EVALUATE THE ANSWER SCRIPT OF THE PETITIONER AND
ALSO DIRECT THE RESPONDENTS THAT THE CONSIDERATION OF
THE RESULT OF THE PETITIONER IN THE SUPPLEMENTARY
EXAMS DATED 15.06.2022 VIDE ANNX-H SHALL BE SUBJECT TO
THE OUTCOME OF THE WRIT PETITION.

     THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                                      -2-


                                   ORDER

In this petition, petitioner has sought for the following reliefs:-

" a) Issue a writ of mandamus or any other writ or order or direction, in the nature of writ , directing the Respondent University to consider the requisition dated: 12.04.2022 given by the petitioner vide Annexure-G and re-evaluate the answer script of the petitioner;

b) Issue any order or direction in the nature of writ as this Hon'ble Court may deem fit under the facts and circumstances of the case including as to the cost by allowing this writ petition in the interest of justice and equity."

2. Heard learned counsel for the petitioner and learned counsel for respondents and perused the material on record.

3. Learned counsel for the 1st respondent - RGUHS has filed a Memo producing the statement of marks obtained by the petitioner in the Examination conducted in June, 2022. The said Memo reads as under:-

" The Respondent No.1 herein humbly craves leave of this Hon'ble Court to produce the statement of marks of 1st M.S. Ayurveda(RS-3) -3- (SHALYA SAMANYA) examination June 2022, wherein the Petitioner has been declared passed. The copy of the examination result published on dated: 02.07.2022 is enclosed for kind perusal. In view of the Petitioner having appeared in supplementary examination as per order dated: 07.06.2022 and subsequently having passed the same, the relief sought by the Petitioner in above Writ Petition does not survive for consideration. Therefore, it is prayed that this Hon'ble court may be pleased to take the above memo on record, in the interest of justice."

4. In view of the aforesaid subsequent event that has occurred during the pendency of the present petition, nothing further survives in the petition and the same is accordingly disposed of.

Sd/-

JUDGE VMB/SRL

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