Allowed

Dr Sindhu Rajasekhar v. Rajiv Gandhi University of Health Sciences

Karnataka HC17 Jan 2023WP/175/2023

Case brief

AI extract

What is this about?

This writ petition filed against Rajiv Gandhi University of Health Sciences was allowed. The Court directed the university to award an additional mark to the petitioner by rounding off the secured marks from 49.75% to 50%, treating the petitioner as passed in the M.D. Anesthesiology examination conducted in May 2022.

What did the court decide?

Directed the university to round off marks to 50% by awarding one additional mark and issue necessary certificates within four weeks.

Dr Sindhu Rajasekhar Vs Rajiv Gandhi University… — Education and Admissions | Karnataka HC (2023)

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WP No. 175 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.175 OF 2023 (EDN-RES)

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BETWEEN:

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DR. SINDHU RAJASEKHAR D/O MR. RAJASEKHAR R AGE 29 YEARS UNI.REG.NO.19MA113 R/O DR L S NANDEESH, I MAIN 5^TH CROSS, VASANTHANAGAR BENGALURU-560 001.

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…PETITIONER

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(BY SRI. ABHISHIK MALIPATIL, ADVOCATE)

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AND:

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

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

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…RESPONDENTS

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(BY SRI. B S SACHIN, ADVOCATE FOR R1 AND 2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT UNIVERSITY TO ROUND OFF THE MARKS OBTAINED BY THE PETITIONER TO 50% MARKS FROM 49.75% MARKS BY AWARD OF I ADDITIONAL MARK IN THE POST GRADUATE MEDICAL EXAMINATIONS OF

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WP No. 175 of 2023

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M.D.ANESTHESIOLOGY UNDERTAKEN BY THE PETITIONER IN MAY 2022; IN TERMS OF THE ORDER DATED 22.11.2022 PASSED BY THE HON’BLE COURT IN WRIT PETITION NO.18239 OF 2022 AND WRIT PETITION NO.20565 OF 2022 VIDE ANNEXURE-E; AND TO DECLARE THE PETITIONER AS HAVING PASSED IN THE POST GRADUATE MEDICAL EXAMINATIONS OF MAY, 2022 IN THE SUBJECT M.D.ANESTHESIOLOGY BY ISSUING ALL NECESSARY CERTIFICATES; AND ETC.

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

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ORDER

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Heard Sri Abhishek Malipatil, learned counsel

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appearing for the petitioner and Sri B.S.Sachin, learned counsel appearing for the respondents.

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In this writ petition, the petitioner had appeared

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in the Post Graduate Medical Examinations in M.D. Anesthesiology conducted in May, 2022. However, the petitioner was declared as failed in the examinations by a deficit of only 01 mark. However, the petitioner had scored 57, 48, 45 and 49 marks in theory papers I, II, III and IV. In total, the petitioner has scored 199 marks as against the minimum of 200 marks required for passing. Therefore, the petitioner is before this court, seeking rounding off the marks secured by him i.e. 49.75% to next

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WP No. 175 of 2023

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numerical number 50% by award of grace marks. It is the case of the petitioner that, in identical circumstances, the students have approached this Court and they were successful in getting the benefit by rounding off the 49.5% marks to next numerical number 50%.

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It is the claim of the respondent-University that as per the norms of the University, for passing in any examination, the student has to secure 50% marks in theory papers in aggregate and 50% in practical and vivavoce. However, the petitioner herein has secured only 49.75% and scored 107 out of 200 in practical and vivovoce. Learned counsel for the respondent-University relied on paragraph 5(I)(b) of the Ordinance, wherein it is stated that “The average of best four marks for the paper awarded by five evaluators which is rounded off to the nearest value, shall be considered for final computation of the results”. Admittedly, in the present case, the petitioner has secured 199 marks which amounts to 49.75% which requires to be rounded off to the next numerical number 50%.

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WP No. 175 of 2023

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Learned counsel appearing for the petitioner

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has relied on the three orders of Co-ordinate Bench of this Court passed in WP Nos.11348 of 2020, 17479 of 2021 and 18239 of 2022 (Annexures-C, D and E), which are not challenged by the respondent-University. Admittedly, it is the contention of learned counsel for the respondentUniversity that the said orders are passed during Covid-19 Pandemic as a special consideration for the benefit of the students. Therefore, the said orders do not survive for consideration for the present and would not hold much water for a simple reason that the students in above stated writ petitions have contributed their valuable time and effort by serving Covid-19 infected patients during pandemic. Therefore, they deserve benefit of ordinance of the University. To counter the arguments of learned counsel appearing for the respondent-University, the learned counsel appearing for the petitioner submits that the petitioner was also directly involved with the relief work and Covid duty as a duty doctor during the years 2020 and 2021. Therefore, petitioner may be extended

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WP No. 175 of 2023

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with the same benefit which has been granted to the identically placed students who had appeared in the very same examinations of May 2022. In that view of the above discussions the writ petition deserves to be allowed and Accordingly, I pass the following:

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ORDER

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i) The writ petition is allowed;

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ii) The writ of mandamus is issued to the respondent-University to round off the marks obtained by the petitioner to 50% marks by awarding 01 additional mark in the Post Graduate Medical Examination of M.D. Anesthesiology undertaken by the petitioner in May 2022;

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iii) It is further directed that after announcement of said result by rounding off to the next higher level i.e. 50%, respondent-University shall issue the necessary certificates to the petitioner within a period of four weeks, thereafter.

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SD/JUDGE

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Dr Sindhu Rajasekhar v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

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Dr Sindhu Rajasekhar v. Rajiv Gandhi University of Health Sciences

Case brief

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What did the court decide?

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