Disposed

Ms. Shreelakshmi N v. Rajiv Gandhi University of Health Sciences

Karnataka HC6 Jun 2022WP/10932/2022

Case brief

AI extract

What is this about?

In EDN-RES writ petitions, the High Court of Karnataka set aside the failed practical/clinical examination results of final-year MBBS students in specific subjects and directed the University to conduct re-examinations within three weeks.

What did the court decide?

Set aside examination results; directed RJUHS to conduct fresh practical examinations within three weeks.

Ms. Shreelakshmi N Vs Rajiv Gandhi University of… — Education and Admissions | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 06^TH DAY OF JUNE, 2022

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE M.I.ARUN

¶6

WRIT PETITION No.10932/2022 C/w WRIT PETITION Nos.10977/2022, 10982/2022, 10985/2022, 10993/2022 & 11059/2022 (EDN-RES)

¶7

IN W.P.NO.10932 OF 2022

¶8

BETWEEN :

¶9

MS. SHREELAKSHMI N., D/O. NARASIMHAMURTHY P., AGED ABOUT: 22 YEARS, REG NO.17M4938, R/O # 98, 2^ND MAIN, M.S. RAMAIAH ENCLAVE, BANGALORE – 560 073.

¶10

… PETITIONER

¶11

(BY SRI. ABHISHEK MALIPATIL, ADV.)

¶12

AND :

¶13

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 070. REPRESENTED BY ITS VICE CHANCELLOR.

¶14

THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 070.

¶15

... RESPONDENTS

¶16

(BY SRI.HARISH GANAPATHY, ADVOCATE)

¶17

¶18

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE MARKS AWARDED TO THE PRACTICALS/CLINICALS EXAMINATIONS OF THE SUBJECT MEDICINE OF THE PHASE III-PART II (4^TH YEAR) MBBS EXAMINAITONS OF FEBRUARY 2022 UNDERTAKEN BY THE PETITIONER, VIDE ANNEXURE-B ISSUED BY THE RESPONDENTS, AS NULL AND VOID AND ETC.

¶19

IN W.P.NO.10977 OF 2022

¶20

BETWEEN :

¶21

MR. VIVIG SHANTHAKUMAR, S/O. SHANTHAKUMAR K.C., AGED ABOUT:23 YEARS, REG NO.17M2822, R/O # 549, 10^TH MAIN, 15^TH CROSS, ISRO LAYOUT, BANGALORE – 560 078. … PETITIONER (BY SRI. ABHISHEK MALIPATIL, ADVOCATE)

¶22

… PETITIONER

¶23

AND :

¶24

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 070. REPRESENTED BY ITS VICE CHANCELLOR.

¶25

THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 070.

¶26

... RESPONDENTS

¶27

(BY SRI.HARISH GANAPATHY, ADVOCATE)

¶28

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE MARKS AWARDED TO THE PRACTICALS/CLINICALS EXAMINATIONS OF THE SUBJECT PAEDIATRICS OF THE PHASE – III PART II (4T YEAR) MBBS EXAMINATIONS OF FEBRUARY 2022

¶29

¶30

UNDERTAKEN BY THE PETITIONER, VIDE ANNEXURE – C ISSUED BY THE RESPONDENTS AS NULL AND VOID AND ETC.

¶31

IN W.P.NO.10982 OF 2022

¶32

BETWEEN :

¶33

MS. SHRUTHI B., D/O. S. BASKARAN, AGED ABOUT : 24 YEARS, REG NO.16M3251, R/O 1 – B2, TNHB COLONY, BAGALUR ROAD, HOSUR, KRISHNAGIRI DISTRICT, TAMIL NADU – 635 109.

¶34

… PETITIONER

¶35

(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)

¶36

AND :

¶37

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 070. REPRESENTED BY ITS VICE CHANCELLOR.

¶38

THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 070.

¶39

... RESPONDENTS

¶40

(BY SRI.HARISH GANAPATHY, ADVOCATE)

¶41

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE MARKS AWARDED TO THE PRACTICALS/CLINICALS EXAMINATIONS OF THE SUBJECT SURGERY OF THE PHASE III-PART II (4^TH YEAR) MBBS EXAMINATIONS OF FEBRUARY 2022 UNDERTAKNEN BY THE PETITIONER, VIDE ANNEXURE – B ISSUED BY THE RESPONDENTS, AS NULL AND VOID AND ETC.

¶42

¶43

IN W.P.NO.10985 OF 2022

¶44

BETWEEN :

¶45

MR. RAJAMOULI KUSHWANTH, S/O. R. NAGARAJA,

¶46

AGED: 24 YEARS, REG. NO.:15M3856,

¶47

R/O.FLAT NO.D101, THE FIVE SUMMITS,

¶48

APARTMENTS, WHITEFIELD,

¶49

BENGALURU -560 066.

¶50

MR. V. ANIL KUMAR, S/O R. VENKATARAMANAPPA,

¶51

AGED 24 YEARS, REG NO:15M3920,

¶52

R/O.FLAT NO.K012, NALLURAHALLI MAIN ROAD, APARTMENTS, WHITEFIELD,

¶53

BENGALURU-560 066.

¶54

… PETITIONERS

¶55

(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)

¶56

AND :

¶57

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 070. REPRESENTED BY ITS VICE CHANCELLOR.

¶58

THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 070.

¶59

... RESPONDENTS

¶60

(BY SRI.HARISH GANAPATHY, ADVOCATE)

¶61

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE MARKS AWARDED TO THE PRACTICALS/CLINICALS EXAMINATIONS OF THE SUBJECT MEDICINE OF THE PHASE III-PART II (4^TH YEAR) MBBS EXAMINATIONS OF FEBRUARY 2022 UNDERTAKEN BY THE PETITIONER, VIDE ANNEXURE –

¶62

¶63

B TO B1 ISSUED BY THE RESPONDENTS, AS NULL AND VOID AND ETC.

¶64

IN W.P.NO.10993 OF 2022

¶65

BETWEEN :

¶66

MR. KIRAN MS, S/O SIDDAPPA B, AGED ABOUT 25 YEARS, REG.NO.17M4929, R/O BEHIND HALADHIMA TEMPLE, HONNALI, DAVANGERE-577 217.

¶67

… PETITIONER

¶68

(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)

¶69

AND :

¶70

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 070. REPRESENTED BY ITS VICE CHANCELLOR.

¶71

THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 070. ... RESPONDENTS

¶72

(BY SRI.HARISH GANAPATHY, ADVOCATE)

¶73

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE MARKS AWARDED TO THE PRACTICALS/CLINICALS EXAMINATIONS OF THE SUBJECT PAEDIATRICS OF THE PHASE III-PART II (4^TH YEAR) MBBS EXAMINATIONS OF FEBRUARY 2022 UNDERTAKEN BY THE PETITIONER, VIDE ANNEXURE – B TO B1 ISSUED BY THE RESPONDENTS, AS NULL AND VOID AND ETC.

¶74

¶75

IN W.P.NO.11059 OF 2022

¶76

BETWEEN :

¶77

MS. MANISHA RENU MANIKUTTAN, D/O MANIKUTTAN BHASKARA KURUP, AGED ABOUT 24 YEARS, REG NO.16M3461, R/O AVEMARIA LADIES HOSTEL, FATHER MULLER MEDICAL COLLEGE, SUVARNA LANE, KANKANADY, MANGALURU-575 002. … PETITIONER (BY SRI. ABHISHEK MALIPATIL, ADVOCATE)

¶78

… PETITIONER

¶79

AND :

¶80

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 070. REPRESENTED BY ITS VICE CHANCELLOR.

¶81

THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 070.

¶82

... RESPONDENTS

¶83

(BY SRI.HARISH GANAPATHY, ADVOCATE)

¶84

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARING THE MARKS AWARDED TO THE PRACTICALS/CLINICALS EXAMINATIONS OF THE SUBJECT OBG OF THE PHASE III-PART II (4^TH YEAR) MBBS EXAMINATIONS OF FEBRUARY 2022 UNDERTAKEN BY THE PETITIONER, VIDE ANNEXURE – B ISSUED BY THE RESPONDENTS, AS NULL AND VOID AND ETC.

¶85

¶86

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY THE COURT MADE THE FOLLOWING:

¶87

ORDER

¶88

The petitioner in W.P.No.10932/2022 is the student pursuing her final year MBBS course in Sapthagiri Institute of Medical Science and Research Centre, Bengaluru.

¶89

The petitioner in W.P.No.10977/2022 is the

¶90

student pursuing his final year MBBS in SDM College of Medical Sciences & Hospital Sattur, Dharwad.

¶91

The petitioner in W.P.No. 10982/2022 is the

¶92

student pursuing her final year MBBS in Vydehi Institute of Medical Sciences, Bengaluru.

¶93

The petitioners in W.P.No.10985/2022 are

¶94

the students pursuing their final year MBBS in Vydehi Institute of Medical Sciences, Bengaluru.

¶95

The petitioner in W.P.No.10993/2022 is the student pursuing his final year MBBS in Sapthagiri Institute of Medical Science and Research Centre, Bengaluru.

¶96

¶97

The petitioners in W.P.No.11059/2022 is the student pursuing her final year MBBS in Father Muller Medical College, Mangaluru.

¶98

All the said institutions are affiliated to respondent – Rajiv Gandhi University of Health Sciences (for short ‘RGUHS’).

¶99

The case of the petitioners is that they have all succeeded in the theory examination in the final year theory examination of MBBS Course. However, they have failed in practical examination, which are as mentioned below:

¶100

In W.P.No.10932/2022 – Petitioner has failed in Subject ‘Medicine’ in practical examination.

¶101

In W.P.No.10977/2022- Petitioner has failed in subject ‘Paediatrics’ in practical examination

¶102

In W.P.No.10982/2022 – The petitioner has failed in subject ‘Surgery’ in practical examination.

¶103

• In W.P.No.10985/2022 – The petitioners have failed in Subject ‘Medicine’ in practical examination.

¶104

In W.P.No.10993/2022- The petitioner has failed in subject ‘Paediatrics’ in practical examination.

¶105

In W.P.No.11059/2022 – The petitioner has failed in subject ‘OBG’ in practical examination.

¶106

¶107

It is submitted that the practical

¶108

examination has not been conducted in accordance with law and was done in violation of guidelines issued by respondent – RGUHS. On the said ground in all the writ petitions it is prayed that their results in so far as it relates to practical examination, should be set aside and the University should be directed to conduct a fresh practical examination for the petitioners in the aforementioned subjects.

¶109

Learned counsel appearing for respondent – University upon instructions submits that the University has decided, taking into consideration the interest of the students, without going into the fact whether practical examination has been conducted in accordance with law or not and to conduct fresh practical examination for the petitioners.

¶110

Learned counsel appearing for petitioners submits that the petitioners are willing to take practical examination in any place as determined by respondent

¶111

– University.

¶112

¶113

Hence, the following:

¶114

ORDER

¶115

i. The practicals/clinical examinations result for the final year MBBS in respect of petitioner in W.P. No.10932/2022 in subject ‘Medicine, Petitioner in W.P.No.10977/2022 in subject ‘Paediatrics’ petitioner in W.P.No.10982/2022 in subject ‘Surgery’, petitioners in W.P.No.10985/2022 in subject ‘Medicine, petitioner in W.P.No.10993/2022 in subject ‘Paediatrics’, Petitioner in W.P.No.11059/2022 in subject ‘OBG’, are hereby set aside.

¶116

ii. Respondent – RGUHS is hereby directed to conduct fresh practical examination to the aforementioned petitioners in the subjects mentioned above within a period of three weeks from the date of receipt of certified copy of this order.

¶117

Accordingly, the writ petitions stands disposed

¶118

of.

¶119

Sd/- JUDGE

¶120

Ms. Shreelakshmi N v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

What did the court decide?

Ms. Shreelakshmi N v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sri.Ramaiah Vs the Chief Secretary

M/S. Incadea India Private Limited Vs Assistant Commissioner of Central Tax

M/S. Watchdog Security Vs Joint Commissioner of Commercial Taxes

Smt Vijayalakshmi Vs Sri Prakash S B

T.M.A.E. Societys Ayurvedic Medical College and Hospital Vs Rajiv Gandhi University of Health Sciences

Ms Sheena K Vs State of Karnataka