Dismissed

Mr Bhargav Pendayala v. Rajiv Gandhi University of Health Sciences

Karnataka HC5 Sept 2023WP/9945/2023

Case brief

AI extract

What is this about?

Petitioners challenged an evaluation ordinance and sought revaluation directions. The court noted the university amended the ordinance to exclude the petitioners, making older regulations applicable. Consequently, the court dismissed the petition as not surviving for consideration.

What did the court decide?

The writ petition was disposed of as not surviving for consideration after the ordinance was amended.

Mr Bhargav Pendayala Vs Rajiv Gandhi University… — Education and Admissions | Karnataka HC (2023)

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1 - NC: 2023:KHC:32116 WP No. 9945 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI

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WRIT PETITION NO. 9945 OF 2023 (EDN-RES)

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BETWEEN:

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MR BHARGAV PENDAYALA

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REG NO.16M3829 S/O SRI. SATISH PENDYALA AGED ABOUT 23 YEARS R/A 15-1-77/1 SUMANGALI JEWELLERY SASTRY ROAD NEW PALVANCHA BHADRADRI KOTHAGUDEM DISTRICT TELANGANA-507115 THIRD YEAR MBBS(RS3) MR. MEDICAL COLLEGE

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Digitally signed by SUNITHA GANGARAJU Location: High Court of Karnataka

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MS KEERTHI REDDY A REG NO.16M5518 D/O SRI A THIRUMALA REDDY AGED ABOUT 24 YEARS R/A GUNTUR ANDHRA PRADESH-522002 FOURTH YEAR MBBS BGS GLOBAL INSTITUTION OF MEDICAL SCIENCES

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MR M ABDULLAH REG NO-15M2652 S/O MOHAMMED SHAHUL HAMEED AGED ABOUT 25 YEARS R/A 3/2 PUDUR VANDI PATHI ATHIKULLUM MAIN ROAD K PUDUR MADURAI-625007

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2 - NC: 2023:KHC:32116 WP No. 9945 of 2023

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THIRD YEAR MBBS ALAMEEN MEDICAL COLLEGE

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ADITHYA GUGAN M REG NO.15M3793 S/O SRI V MOHANASUNDARAM AGED ABOUT 25 YEARS R/A WHITEFIELD BANGALORE-560066 SECOND YEAR MBBS VYDEHI INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTRE

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MR DHANUSH KUMAR N S REG NO.16M0731 S/O K N NARAYANA SWAMY AGED ABOUT 25 YEARS R/O NO.1008, NANDI BUILDING 10^TH MAIN, AGB LAYOUT CHICKBANAVARA BANGALORE-560090 PURSUING FINAL YEAR MBBS AT SAPTHAGIRI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE BANGALORE

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MR AMAN RATHORE S/O MR HANSRAJ RATHORE AGED ABOUT 25 YEARS REG NO..16M5400 R/A BOYS HOSTEL ESIC MEDICAL COLLEGE BANGALORE-560010 PUSUING FINAL YEAR MBBS AT ESIC MEDICAL COLLEGE

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MR DILIP CHOWDARY E S/O SRI SURI BABU AGED ABOUT 25 YEARS REG NO.15M4840 R/A KALABURAGI 585101 FOURT YEAR MBBS MR MEDICAL COLLEGE

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3 - NC: 2023:KHC:32116 WP No. 9945 of 2023

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MR SUSHRUT AICH S/O SRI SUSNATA AICH AGED ABOUT 25 YEARS REG NO.17M4392 R/A KOLKATA BEHALA-700060 FINAL YEAR MBBS SUBBAIAH INSTITUTE OF MEDICAL SCIENCES

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MR GIRIDHAR D A REG NO.15M0738 S/O ANGUSAMY C AGED ABOUT 26 YEARS R/A 145, VALLUVAR NAGAR AVVAI VAZHI. ODAPATTI DHARMAPURI TAMILNADU-635112 SECOND YEAR MBBS SUBBAIAH MEDICAL COLLEGE SHIVAMOGGA

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SHIVANI RACHATTE D/O JAGANNATH RACHATTE AGED ABOUT 26 YEARS REG NUMBER-15M2925 R/A SWASTIK NAGAR SEDAM ROAD GULBARGA-585222 FOURT YEAR MBBS BANDANAWAZ INSTITUTE OF MEDICAL SCIENCE GULBARGA

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MR PRASAD RAMESH BUJARI REG NO.18M4667 S/O SRI RAMESH S BUJARI AGED ABOUT 22 YEARS R/A NO.21, KODIGEHALLI K R PURAM BENGALURU-560067 FOURTH YEAR MBBS GADAG INSTITUTE OF MEDICAL SCIENCES, GADAG

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4 - NC: 2023:KHC:32116 WP No. 9945 of 2023

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MS SAI ALEKYA M REG NO.18M6247 D/O SRI M VAMSI KRISHNA AGED ABOUT 22 YEARS R/A RAICHUR-584101 PURSUING FINAL YEAR MBBS AT NAVODAYYA MEDICAL COLLEGE

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MS AKSHITHA HA D/O SRI ASHOK REDDY AGED ABOUT 23 YEARS REG NO.18M1946 R/A BANGALORE-560064 FINAL YEAR MBBS EAST POINT COLLEGE OF MEDICAL SCIENCES AND RESEARCH CENTRE

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…PETITIONERS

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(BY SRI. PARASHURAM A L., ADVOCATE)

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AND:

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH T BLOCK, JAYANAGAR BENGALURU-560041 REPRESENTED BY ITS REGISTRAR

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THE NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8 DWARKA PHASE I NEW DELHI-110077 BY ITS EXECUTIVE SECRETARY

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…RESPONDENTS

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(BY SRI. B.S. SACHIN, ADV. FOR R1 (VK NOT FILED SRI. N. KHETTY, ADV FOR R2 (VK NOT FILED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDINANCE/NOTIFICATION GOVERNING EVALUATION OF ALL UNDERGRADUATE HEALTH SCIENCE COURSES THEORY

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5 - NC: 2023:KHC:32116 WP No. 9945 of 2023

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ANSWER SCRIPTS NO. RGU/AUTH/24^TH CON/SYND/4/2022-23 DATED. 5.9.22 PROMULGATED BY THE RESP. 1 (ANNEXURE A) AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners filed this writ petition seeking for the following reliefs:

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"i) Issue a writ of Certiorari or any other appropriate Writ, Order or Direction to quash Ordinance/Notification Governing Evaluation of all Undergraduate Health Science Courses Theory Answer Scripts No.RGU/AUTH/24^th Con/Synd/04/2022-23 dated 05.09.2022 promulgated by the respondent No.1 (Annexure A);

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ii) Issue a writ of Mandamus or any other appropriate Wit, Order or Direction to respondent No.1 University to conduct two additional valuations of the subjects in which the petitioners have been declared to be unsuccessful in MBBS (RS3) Examinations of February/March 2023 in terms of Regulation 13 of the Medical Council of India Graduate Medical Education Regulations, 1997 and a further deviation valuations on there being a difference of more than 15% marks between the evaluators, in a time bound manner (Annexure E and F series); and

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NC: 2023:KHC:32116 WP No. 9945 of 2023

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iii) Grant such other, further and /or consequential reliefs as may be just and proper in the facts and circumstances of the case and/or in the interests of justice and equity."

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Learned counsel appearing for the respondent-

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University has placed on record the amended Ordinance dated 13.06.2023. Section 2 which deals with

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'Applicability' reads as under:

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"2. APPLICABILITY: This Ordinance shall apply to evaluations of theory answer scripts of all Undergraduate Medical (excluding RS3 MBBS batch), Dental, Pharmacy, Ayurveda, Homeopathy, Unani, Nursing, Allied Health Sciences, BPT, BNYS Courses except for the students admitted to BAMS & BUMS on and after 2021-2022 and to entire batch of RS3 MBBS Course students who were admitted prior Academic Year 2019-20 as Regulation 13(2) MCIGME Regulations are applicable to them.

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The valuation of answer scripts for students of RS3 batch MBBS examinations will be in terms of Regulations 13(2) MCI-GME 1997 and in compliance of judgement dated 11.02.2021 in case of Basanth.K Vs. RGUHS which is reiterated and followed in judgment 01.02.2023 in WP No.18832/2022 in case of ThejaswiKhetham&Ors

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7 - NC: 2023:KHC:32116 WP No. 9945 of 2023

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Vs. RGUHS and also direction under interim order dated 19.04.2023 in WP No.7505/2023 & connected cases passed by the Hon'ble High Court for all RS3 batch MBBS course students."

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This ordinance is not applicable for vivavoce/clinical/practical examinations."

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The grievance in this writ petition is that the impugned Ordinance dated 05.09.2022 is not applicable. In this writ petition, the students have questioned the validity of Ordinance dated 05.09.2022 and a specific consequential relief is sought to issue a direction to the respondent-University to conduct valuation of failed subjects of MBBS (RS3) in terms of Regulation 13(2) of MCI GME Regulations, 1997. Now by way of amendment to the impugned Ordinance, the students of MBBS (RS3) batch are excluded and thereby the amendment also indicates that they are governed by Regulation 13(2) of MCI GME Regulations.

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8 - NC: 2023:KHC:32116 WP No. 9945 of 2023

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Therefore, by way of amended Ordinance dated

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13.06.2023, since the present petitioners are also excluded from the Ordinance under challenge and their valuations will be governed under 1997 Regulations, the writ petition does not survive for consideration. The writ petition is disposed of in terms of the order passed by the Co-ordinate bench of this Court in W.P No.7505/2023 and other connected matters. Accordingly, disposed of.

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Sd/JUDGE

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SKS

Mr Bhargav Pendayala v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

What did the court decide?

Mr Bhargav Pendayala v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

What did the court decide?

What the court decided

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