Disposed

Ms Shibani v. Vs Rajiv Gandhi University of Health Sciences

Karnataka HC16 Apr 2014WP/18068/2014

Case brief

AI extract

What is this about?

Petitioner challenged the annulment of her examination result based on malpractice allegations against co-students. The court permitted her to retake specific theory papers as a regular candidate, not as a repeater, to ensure fair play.

What did the court decide?

Petitioner permitted to take Papers 1 and 2 of Biochemistry theory of I year M.B.B.S. in June 2014 as a regular candidate, not as a repeater.

Ms Shibani v Vs Rajiv Gandhi University of Health… — Education and Admissions | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 16^TH DAY OF APRIL, 2014

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BEFORE

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THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

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WRIT PETITION No. 18068 OF 2014 (EDN-RES)

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BETWEEN:

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Ms. Shibani V, II MBBS Student, Aged about 21 years, Kempegowda Institute of Medical Sciences, Banashankari 2^nd Stage, Bangalore-560 078. …PETITIONER

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(By Shri G.D. Aswathanarayana, Advocate)

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AND:

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Rajiv Gandhi University of Health Sciences, Represented by its Registrar, 4^th T Block, Jayanagara, Bangalore-560 041.

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Registrar (Evaluation), Rajiv Gandhi University of Health Sciences, 4^th T Block, Jayanagara, Bangalore-560 041.

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The Vice Chancellor,

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Rajiv Gandhi University of Health Sciences, 4^th T Block, Jayanagara, Bangalore-560 041.

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State of Karnataka, Department of Medical Sciences, Represented by Secretary to Government, Vikas Soudha, Bangalore. … RESPONDENTS

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(By Shri. Sandesh J. Chouta, Advocate for Respondents 1 to 3, Shri B. Veerappa, Additional Government Advocate for Respondent No.4)

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This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 1.4.2014 vide Annexure-A issued by Respondent No.2, and etc.

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This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the court made the following:

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O R D E R

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Heard the learned counsel for the petitioner and the

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learned counsel for the respondents.

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This petition is filed questioning the annulment of the

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result of the petitioner in the Theory paper Biochemistry of the First year MBBS course. This is in the background that the

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University had discovered certain malpractices pertaining to two students and have opined that the petitioner also is involved in the said malpractice on the presumption that the modus operandi would be applicable to the petitioner as well. However, in view of the fact that the irregularities are found to have emanated within the University and since it is evident that the petitioner had a hand in the same, it is now suggested that the petitioner takes the examination, namely Biochemistry Theory papers of the First year M.B.B.S.

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Since the entire episode is pending consideration and further proceedings elsewhere, it would be unfair to proceed on the basis that the allegations against the petitioner stand proved and that the annulment of the examination is in order. In order to avoid any further controversy and in all fairness to the petitioner and at the same time to ensure that there is fair play, the petitioner shall be permitted to take the papers 1 and 2 of the Biochemistry theory of the I year M.B.B.S., not as a

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repeater candidate, but which shall be deemed to be taken in the usual course.

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Hence, the petition is disposed of with the observation that the petitioner shall be permitted to take Papers 1 and 2 of the Biochemistry theory of the I year M.B.B.S. examination in June 2014 along with the regular students. It is repeated that, she shall not be treated as a repeater, but deemed to have taken the examination in the usual course along with her First year papers.

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Sd/JUDGE

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Ms Shibani v. Vs Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

What did the court decide?

Ms Shibani v. Vs Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

What did the court decide?

What the court decided

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