Allowed

D. Mantraa v. Rajiv Gandhi University of Health Sciences

Karnataka HC1 Jun 2022WP/9118/2022

Case brief

AI extract

What is this about?

The petitioner, an MBBS student alleging evaluator negligence in recording practical exam remarks, sought to quash her examination result. The High Court set aside the result and directed the university to conduct a fresh practical examination within three weeks.

What did the court decide?

Set aside the practical examination result and directed Respondent No. 1 to conduct a fresh practical examination within three weeks.

D. Mantraa Vs Rajiv Gandhi University of Health… — Education and Admissions | Karnataka HC (2022)

¶1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶2

DATED THIS THE 01^ST DAY OF JUNE, 2022

¶3

BEFORE

¶4

THE HON’BLE MR.JUSTICE M.I.ARUN

¶5

WRIT PETITION No.9118 OF 2022 (EDN-RES)

¶6

BETWEEN:

¶7

D. MANTRAA D/O C. DHARANI AGED ABOUT 22 YEARS R/AT CASAGRANDA ESMARALDA KOTTIGANAHALLI NEAR BIKKANAHALLI BANGALORE – 562 125. ... PETITIONER

¶8

(BY SMT. SUMANA BALIGA M., ADVOCATE)

¶9

AND:

¶10

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH T BLOCK, JAYANAGARA BENGALURU KARNATAKA – 560 041 REP. BY REGISTRAR EVALUATION.

¶11

NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8 DWARAKA, NEW DELHI – 110 077. REP. BY ITS SECRETARY.

¶12

... RESPONDENTS

¶13

(BY SRI. HARISH GANAPATHY, ADVOCATE FOR R1 & R2)

¶14

¶15

¶16

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE VALUATION OF THE PRACTICAL ANSWER BOOK OF THE SUBJECT OBSTETRIC VIDE ANNX-B AND THE PRACTICAL ANSWER BOOK FOR GYNAECOLOGY VIDE ANNX-C OF THE EXAMINATIONS OF FEBRUARY 2022 CONDUCTED BY THE RGUHS FOR THE PHASE III PART II (RS-3) MBBS EXAMINATION AND ETC.

¶17

THIS WP COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

¶18

O R D E R

¶19

The petitioner is a student pursuing her studies in MBBS Course. She has written the Phase III-Part-II (RS3) MBBS Examination. She is a student of Navodaya Medical College, Raichur. The said Institution is affiliated to the first respondent – Rajiv Gandhi University of Health Sciences (for short ‘RGUHS’).

¶20

The case of the petitioner is that she has succeeded in the final year theory examination of MBBS Course. However, she has failed in the practical examination in the subject ‘Obstetrics and Gynaecology’.

¶21

¶22

It is submitted that the evaluators have failed

¶23

to enter the remarks in the practical answer books for both practical papers and the same is in violation of guidelines issued by respondent – RGUHS. On the said ground, it is prayed that her result in so far as practical examination should be set aside and the University should be directed to conduct a fresh practical examination for the petitioner in the aforementioned subject.

¶24

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, to conduct fresh practical examination for the petitioner.

¶25

Learned counsel appearing for petitioner

¶26

submits that the petitioner is willing to take practical

¶27

examination in any place as determined by respondent – University. Hence, the following:

¶28

ORDER

¶29

i. The practical/clinical examination result for the Phase III-Part II (RS-3) MBBS Examination in respect of petitioner in subject ‘Obstetrics and Gynaecology’ is hereby set aside.

¶30

ii. Respondent No.1 – RGUHS is hereby directed to conduct fresh practical examination to the petitioner in the subject mentioned above within a period of three weeks from the date of receipt of certified copy of this order.

¶31

Accordingly, the writ petition stands disposed of.

¶32

JUDGE

¶33

Bss.

D. Mantraa v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

What did the court decide?

D. Mantraa 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

R L Abhishek Rao College of Nursing Vs Rajiv Gandhi University of Health Sciences

Atria Convergence Technologies Limited Vs Union of India

Oceanik Education Society (R) Vs the Principal Secretary

Sri Manobalu K Vs the Director General Training

Sri Mahalasa Shikshana Samithi (Regd) Vs the Principal Secretary to the Govt

Sujala College of Commerce Vs the Kuvempu University