Disposed

Shri Gadi Mounik v. the Rajeev Gandhi

Karnataka HC10 Aug 2022WP/11234/2022

Case brief

AI extract

What is this about?

Writ petition filed by BHMS students seeking quashing of an endorsement and direction to university to consider their request to appear for 4th year exam as a special case. Court disposed of petition by directing university to address grievance and decide within three weeks.

What did the court decide?

Direction to 1st Respondent to consider petitioners' representation and address grievance within three weeks.

Shri Gadi Mounik Vs the Rajeev Gandhi — Education and Admissions | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 10^TH DAY OF AUGUST 2022

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BEFORE

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THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No.11234 OF 2022 (EDN-RES)

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BETWEEN:

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SHRI GADI MOUNIK S/O GADI LAXMINARAYANA, AGE 24 YEARS, 4^TH YEAR BHMS STUDENT, BHAGWAN BUDDHA HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL, NO 103/6, 40' ROAD NGEF LAYOUT, MALATHHALLI, BANGALORE 560 056.

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SHRI VELITA NARENGBAM D/O NARENGBAM SADANANDA SINGH, AGE 24 YEARS, 4^TH YEAR BHMS STUDENT, BHAGWAN BUDDHA HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL, NO 103/6, 40' ROAD NGEF LAYOUT, MALATHHALLI, BANGALORE 560056.

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SHRI DARISA VENKATA SUDHA PAVANI D/O DARISA VENKATA SURESH, AGE 22 YEARS, 4^TH YEAR BHMS STUDENT, BHAGWAN BUDDHA HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL, NO 103/6, 40' ROAD NGEFLAYOUT, MALATHHALLI, BANGALORE 560056.

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SHRI MAYADEVI KE D/O MADHAVAN NAMBOOTHIRI AGE 23 YEARS, 4^TH YEAR BHMS STUDENT, BHAGWAN BUDDHA HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL, NO 103/6, 40' ROAD NGEF LAYOUT,

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²

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MALATHHALLI, BANGALORE 560 056.

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SHRI YAMBADI PRASANTH KUMAR S/O YAMBADI JAYARAO, AGE 24 YEARS, 4^TH YEAR BHMS STUDENT, BHAGWAN BUDDHA HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL, NO 103/6, 40' ROAD NGEFLAYOUT, MALATHHALLI, BANGALORE 560056.

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…PETITIONERS

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(BY SRI.VIJAYA KUMAR, ADVOCATE) AND:

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THE RAJEEV GANDHI UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR 4^TH T BLOCK JAYANAGAR, BANGALORE 560 041.

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THE PRINCIPAL BHAGWAN BUDDHA HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL, SRINIDHI COMPLEX, OUTER RING ROAD, BANGALORE 560056.

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THE CENTRAL COUNCIL FOR HOMOEOPATHY REPRESENTED BY ITS SECRETARY JANAKPURI, NEW DELHI - 110 011.

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…RESPONDENTS

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(BY SMT. FARAH FATHIMA, ADVOCATE FOR R1; R2 SERVED; NOTICE TO R3 IS DISPENSED WITH VIDE ORDER DATED 10.08.2022)

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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT DATED 13.05.2022 ISSUED BY THE R1(ANNEXURE-J). DIRECTING THE R1 TO CONSIDER THE PROPOSAL FORWARDED BY THE R2 AND THE REPRESENTATION SUMBITTED BY THE PETITIONERS CLAIM PERMITTING THE PETITIONERS TO APPEAR FOR THE 4^TH YEAR

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³

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BHMS EXAMINATION IN ALL THE SUBJECTS SCHEDULED TO COMMENCE FROM 13.06.2022 AS A SPECIAL CASE.

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THIS W.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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In this petition, the petitioners have sought for the

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following reliefs:

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“(i). To issue a writ of certiorari or any other appropriate Writ Order or directions quashing the impugned endorsement bearing No: RGU/Reg(E)/ Pre-Exams/ BHMS/May/June/2022 dated 13.05.2022 issued by the 1^st respondent (Annexure-J).

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(ii) To issue a writ of mandamus, or an order or a direction directing the 1^st respondent to consider the proposal forwarded by the 2^nd respondent and the representation submitted by the petitioners claim permitting the petitioners to appear for the 4^th year BHMS examination in all the subjects scheduled to commence from 13.06.2022 as a special case."

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Heard learned counsel for the petitioners and

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learned counsel for the respondents and perused the material on record.

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In addition to reiterating the various

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contentions urged in the petition and referring to the material on record, the learned counsel for the petitioners

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⁴

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invites my attention to the Judgments of this Court in the case of 'KALPANA v. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND OTHERS' disposed off on 25.11.2021 in W.P. No.102490/2021 and in the case of 'GADDAM SADDHARMA v. REGISTRAR, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND OTHERS' disposed off on 19.04.2022 in W.P. No.24255/2021 and connected matters, in order to point out that despite submission of representations by the petitioner, the same have not been considered and no orders have been passed nor any decision taken by the respondents so far and as such the petitioners are before this Court by way of the present petition.

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Per contra, learned counsel for the respondent No.1-University submits that if reasonable time is granted, the respondent No.1 would address the grievance of the petitioners and consider and pass appropriate orders/take appropriate decision on the petitioners' representation in accordance with law.

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⁵

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In view of the aforesaid facts and

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circumstances and the submissions made at the Bar, I deem it just and proper to dispose off this petition directing the respondent No.1 to address the grievance of the petitioners as vindicated in the present petition and also consider and pass appropriate order/take appropriate decision on the representation at Annexures-H to H4 dated 22.04.2022 submitted by the petitioners in accordance with law within a period of three weeks from today bearing in mind the material on record produced by the petitioners in accordance with law.

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With the aforesaid directions, the petition stands

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disposed off.

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Sd/JUDGE

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AN/-

Shri Gadi Mounik v. the Rajeev Gandhi

Case brief

What is this about?

What did the court decide?

Shri Gadi Mounik v. the Rajeev Gandhi

Case brief

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