Allowed

Jaswitha Gunnam v. Rajiv Gandhi University of Health Sciences

Karnataka HC4 Nov 2024WP/104392/2024

Case brief

AI extract

What is this about?

Two BHMS students were denied hall tickets by the university for the 4th year examination on the ground that the required period of study after passing 3rd year was incomplete. Following an earlier coordinate-bench decision affirmed in writ appeal, the court allowed the petition and directed announcement of results.

What did the court decide?

University to announce petitioners' 4th year BHMS results already undertaken and continue them in further examinations if eligible under regulations.

Jaswitha Gunnam Vs Rajiv Gandhi University of… — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:16092 WP No. 104392 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO. 104392 OF 2024 (EDN-EX)

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BETWEEN:

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JASWITHA GUNNAM, REG. NO.19HO222, AGE: 23 YEARS, STUDENT OF DR. B.D. JATTI HOMEOPATHIC COLLEGE AND HOSPITAL, DHARWAD.

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ANNAMAREDDY AKSHAY KUMAR, REG. NO.17HO805, AGE: 25 YEARS, STUDENT OF DR. B.D. JATTI HOMEOPATHIC COLLEGE AND HOSPITAL, DHARWAD.

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…PETITIONERS

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(BY SRI. OMKAR LAXMAN DESAI, ADVOCATE)

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AND:

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MALLIKARJUN RUDRAYYA KALMATH

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Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS VICE CHANCELLOR/REGISTRAR, 4^TH BLOCK, EAST PATTABHIRAMANAGAR, JAYANAGAR, BENGALURU-560041.

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DR. B.D. JATTI HOMEOPATHIC COLLEGE AND HOSPITAL, DHARWAD, REPRESENTED BY ITS PRINCIPAL, DIST: DHARWAD-580 001.

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…RESPONDENTS

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(BY SRI. AVINASH BANGAKAR, ADVOCATE FOR R1; R2-SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 AND 2 TO CONSIDER CASE OF THE PETITIONER STUDENTS AND PERMIT THEM TO APPEAR FOR 4^TH YEAR BHMS COURSE EXAMINATION SCHEDULED

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2 - NC: 2024:KHC-D:16092 WP No. 104392 of 2024

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TO HELD DURING AUGUST-2024 AND FURTHER THE RESPONDENT NO.1 TO DECLARE THE RESULT OF SAID EXAMINATION, TO MEET THE ENDS OF JUSTICE.

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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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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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Heard learned counsel for the petitioners and learned

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counsel for respondent No.1-University.

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2. Petitioner Nos.1 and 2 are students, who were admitted to the academic year 2019-2020 and 2017-2018 respectively for the 1^st year to BHMS course in the 2^nd respondent-College. Petitioners have completed 3^rd year BHMS course of study. After having cleared the 3^rd year examination in May-2023, the petitioners were eligible to appear in the 4^th year BHMS examination. However, respondent No.1-University did not permit the petitioners to appear for the 4^th year examination which was scheduled to commence in the month of August-2024 on the ground that the petitioners had not completed one and half year of course study after the 3^rd year BHMS

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3 - NC: 2024:KHC-D:16092 WP No. 104392 of 2024

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examination despite the petitioners having been admitted

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to the 4^th year BHMS course in Feburary-2023.

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3. It is the case of petitioners that since they had completed the three years BHMS course and the exam results having been declared in the month of September2023, they were entitled and eligible to take up the 4^th year exam of BHMS course. But for the reasons best known on the ground that one and half year pursuant to the exam results being declared of the 3^rd year having not been completed, the respondent-University denied the permission to the petitioners to write the exam for the 4^th year. The respondent-University, in the meanwhile, issued timetable for conducting the examination for the 4^th year, but denied the issuance of hall tickets to the petitioners to write the examination.

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4. It is contended by learned counsel for petitioners that similarly placed students had approached this Court in Writ Petition No.104179/2023 seeking permission to appear for the 4^th year BHMS examination, which came to

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4 - NC: 2024:KHC-D:16092 WP No. 104392 of 2024

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be allowed by an order dated 19.07.2023. Thereafter, the

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said order passed by the coordinate bench of this Court was challenged in writ appeal in W.A.No.100526/2023 by the respondent-University. However, the said appeal came to be dismissed and the order passed by the coordinate bench of this Court came to be affirmed.

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5. The petitioners, who are similarly placed herein are invoking the writ jurisdiction for similar relief on the ground that if University has committed an error and has illegally not issued the hall ticket on the premise that one and half year has not been completed to take up the 4^th year BHMS examination. It is further contended by learned counsel for the petitioners that as the petitioners have completed one term of six months prior to getting into 4^th year BHMS course, they would be entitled to write the examination which is what is contemplated in the Clause-6 of the Homeopathy (Degree Course) BHMS Regulations, 1983 (as amended up to March, 2016) so also the same is stipulated at Clause-10C.

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5 - NC: 2024:KHC-D:16092 WP No. 104392 of 2024

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6. This Court need not further delve into the matter for the reason that a coordinate bench of this Court in Writ Petition No.104179/2023 has already examined this aspect and provided the relief for the similarly placed students who had completed one term of six months to write the 4^th year BHMS course. Under the circumstances, the petitioners would also be entitled to similar relief as admittedly the petitioners have completed one term prior to writing the 4^th year BHMS course examination.

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7. Learned counsel for the 1^st respondent also contends that he cannot have any grievance in view of the regulations prescribing one term to have been completed before the petitioners are allowed to write the 4^th year BHMS examination as contemplated under the regulations, which is affirmed by the Judgment of this Court in Writ Petition No.104179/2023, subsequently confirmed in Writ Appeal No.100526/2023. During pendency of this petition this Court permitted the petitioners to write the examination vide interim order dated 25.07.2024 for the

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6 - NC: 2024:KHC-D:16092 WP No. 104392 of 2024

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4^th year BHMS course. However, it was permitted subject to outcome of this petition. Apparently, the petitioners have already taken the examination, the results are yet to

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be announced. In view of the above, I pass the following :

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ORDER

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(i) Petition is allowed.

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(ii) Respondent No.1-University shall announce

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the result of the petitioners for the 4^th year BHMS course already undertaken by the petitioners and continue the petitioners to write the further examination, if otherwise

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entitled and eligible on the basis of regulations prescribed.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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CKK CT-MCK

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List No.: 3 Sl No.: 10

Jaswitha Gunnam v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

What did the court decide?

Jaswitha Gunnam 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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