Petitioner sought re-evaluation, individual valuation marks, mercy marks, and grace marks under Articles 226 and 227. After instructions showed the petitioner had cleared all subjects, the court dismissed the petition as infructuous.
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NC: 2023:KHC:24023 WP No. 5459 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5459 OF 2022 (EDN-RES)
BETWEEN:
SANTHOSH KUMAR T N S/O LATE T P NARAYANAPPA AGE 34 YEARS MALE 16PO334, GOVT COLLEGE OF PHARAMACY BENGALURU DOOR NO.381, 3RD CROSS, 2ND LINK ROAD SIT EXTENSION, TUMAKURU-572 103
…PETITIONER
(BY SRI.SANTHOSH KUMAR.T.N, PARTY-IN-PERSON)
AND:
Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA
HONARABLE VICE CHANCELLOR, RGUHS 4TH T BLOCK, JAYANAGAR BENGALURU-560 041 RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES …RESPONDENT (BY SMT.FARAH FATHIMA, ADVOCATE) THIS WP FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA BY PARTY-IN-PERSON PRAYING TO DIRECT THE RESPONDENT TO TAKE APPROPRIATE ACTION ON TO CONSIDER FOR FOUR INDIVIDUAL VALUATION IN PAR WITH MBBS AND PG MEDICAL, BEST OF TWO EVALUATION MARKS FOR EACH QUESTIONS TO CONSIDER FOR TABULATION OF RESULTS AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:24023 WP No. 5459 of 2022
ORDER
Ms. Farah Fathima, learned counsel is directed to
accept notice for the respondent.
"1) To consider for four individual valuation in par with MBBS and PG Medical.
2) Best of two evaluation marks for each questions to consider for tabulation of results.
3) As the marks awarded by individual valuators for each question is different, hence consider for 3rd valuation.
4) The RS4 is coming to end and considering the pandemic situation to grant one mercy mark.
5) I had not availed 40 grace marks marked for B pharmacy course and hence consider my plea for awarding six grace marks for the second professional Pharmaceutical Organic Chemistry paper."
she has placed on record the petitioner's examination history. Referring to these details, she would point out that the petitioner - party-in-person has already cleared all his subjects.
having become infructuous.
Sd/JUDGE
CA
List No.: 1 Sl No.: 46
3 issues framed by the court
Whether a petitioner seeking re-evaluation and mercy marks should be granted relief when he has already cleared all subjects.
Whether a filing under Articles 226 and 227 survives for consideration when the prayer becomes infructuous.
Whether a non-compliance in valuations and marks relief against a university is maintainable when the student has already passed all subjects.
1 provisions across 1 enactments
Santhosh Kumar T N
Honorable Vice Chancellor, RGUHS
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
