MBBS students challenged RGUHS's Central Assessment Programme ordinance of 05.09.2022, seeking quashing and fresh/third valuation of failed answer scripts. The Court upheld CAP-2022's validity following an earlier decision upholding it, held students estopped after appearing without demur, and dismissed the petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 13375 OF 2023 (EDN-RES)
C/W
WRIT PETITION NO. 14602 OF 2023 WRIT PETITION NO. 14605 OF 2023 WRIT PETITION NO. 16745 OF 2023 WRIT PETITION NO. 16995 OF 2023 WRIT PETITION NO. 17047 OF 2023
IN W.P.No.13375/2023: BETWEEN:
CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
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…PETITIONERS
[BY SRI P.P. HEGDE, SR. COUNSEL FOR SRI DEEKSHITH CHANDAN M.C., ADVOCATE] AND:
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NO.15, HESARGHATTA ROAD, NAVY LAYOUT, CHIKKABANAVARA, BENGALURU - 560 090, BY ITS DEAN / PRINCIPAL.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT TO SEND THE ANSWER SCRIPTS TO THE THIRD VALUATOR FOR REVALUATION AND ANNOUNCE THE RESULTS BY CONSIDERING THE AVERAGE OF BEST OF TWO MARKS AS AWARDED BY THE THREE EXAMINERS IN VIEW OF THE JUDGMENTS OF THIS HON'BLE COURT IN W.P.NO.200852/2019 PRODUCED AS ANNEXURE-F AND IN W.P.NO.7774/2022 PRODUCED AS ANNEXURE-G.
IN W.P.No.14602/2023:
BETWEEN:
VINDHYA BHAT, AGED 23 YEARS, D/O THRIVIKRAMA BHAT, R/AT NO.68, LAKSHMITHIRTHA NODSAL, PADUBIDRI, UDUPI.
…PETITIONER
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[BY SRI P.P. HEGDE, SR. COUNSEL FOR SMT. VINITHA P.C., ADVOCATE]
AND:
…RESPONDENTS
[BY SRI GIRISH KUMAR R., ADVOCATE FOR R1, R2 & R4; R3 – SERVED; R5 DELETED AS PER C/O DTD: 25.01.2024]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 UNIVERSITY TO REEVALUATE THE ANSWER SHEET AT ANNX-J PHARMACOLOGY TP I AND ANNX-K PHARMACOLOGY TP II OF PETITIONER OF MBBS (RS4) EXAMINATION CONDUCTED DURING MAY 2022 AND ANNOUNCED THE RESULT WITHIN A SPECIFIED PERIOD AND TO QUASH ANNX-S THE IMPUGNED
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ORDINANCE/NOTIFICATION GOVERNING ASSESSMENT PROGRAM FOR THEORY PAPER ASSESSMENT OF ALL UNDER GRADUATE HEALTH SCIENCE COURSES OF UNIVERSITY DATED 05.09.2022 WITH A BEARING NUMBER RGU/AUTH/24TH CON/SYND/04/20222023 PASSED BY THE 2ND RESPONDENT AND ETC.
IN W.P.No.14605/2023:
BETWEEN:
SMRITI N., AGED 23 YEARS, D/O NATARAJ K.S., R/AT NO.64/1, IVRI ROAD, BEHIND CRPF, YELAHANKA, BANGLAORE – 560 064.
…PETITIONER
[BY SRI P.P. HEGDE, SR. COUNSEL FOR SMT. VINITHA P.C., ADVOCATE]
AND:
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DWARAKA PHASE – 1 R5 IS DELETED AS PER NEW DELHI - 110 077, COURT ORDER DTD: 25.01.2024 BY ITS SECRETARY.
…RESPONDENTS
R5 DELETED AS PER COURT ORDER DTD: 25.01.2024]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 UNIVERSITY TO REEVALUATE THE ANSWER SHEET AT ANNX-J PATHOLOGY TP I AND ANNX-K PATHOLOGY TP II OF PETITIONER OF MBBS (RS4) EXAMINATION CONDUCTED DURING MAY 2022 AND ANNOUNCED THE RESULT WITHIN A SPECIFIED PERIOD AND TO QUASH ANNX-S THE IMPUGNED ORDINANCE/NOTIFICATION GOVERNING ASSESSMENT PROGRAM FOR THEORY PAPER ASSESSMENT OF ALL UNDER GRADUATE HEALTH SCIENCE COURSES OF UNIVERSITY DATED 05.09.2022 WITH A BEARING NUMBER RGU/AUTH/24TH CON/SYND/04/2022-2023 PASSED BY THE 2ND RESPONDENT AND ETC.
IN W.P.No.16745/2023:
BETWEEN:
MS. POOJITHA J. ANGADI, D/O JEETENDRA ANGADI, AGED 20 YEARS, RGUHS REG.NO.21M8366, STUDYING AT G.R. MEDICAL COLLEGE, HOSPITAL & RESEARCH CENTER, PADU, VIA PADUMALE NEERUMARGA, MANGALURU – 575 029.
…PETITIONER
[BY SRI NISHANTH A.V., ADVOCATE]
AND:
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4TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041.
…RESPONDENTS
[BY SMT.FARAH FATHIMA, ADVOCATE FOR R1 & R2; SRI N. KHETTY, ADVOCATE FOR R3; R4 - SERVED]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, SETTING ASIDE THE ORDINANCE/NOTIFICATION GOVERNING CENTRAL ASSESSMENT PROGRAMME (CAP) FOR THEORY PAPER ASSESSMENT OF ALL UNDER GRADUATE HEALTH SCIENCE COURSES OF UNIVERSITY DATED 05.09.2022 WITH NO.RGU/AUTH/24TH CON/SYND/04/2022-2023 PASSED BY THE 2ND RESPONDENT VIDE ANNX-F AND ETC.
IN W.P.No.16995/2023:
BETWEEN:
MS. H.N. SHIVANI AGATHYA, D/O H.K. NATESH, AGE 20 YEARS, RGUHS REG. NO.21M7520, STUDYING AT SAPTHAGIRI INSTITUTE OF MEDICAL SCIENCES & RESEARCH CENTRE, NO.15, HESARGHATTA ROAD, NAVY LAYOUT, CHIKKASANDRA, CHIKKABANAVARA, BENGALURU – 560 090.
…PETITIONER
[BY SRI NISHANTH A.V., ADVOCATE]
AND:
…RESPONDENTS
[BY SRI SANTOSH S. NAGARALE, ADVOCATE FOR R1 & R2; SRI N. KHETTY, ADVOCATE FOR R3; R4 - SERVED]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDINANCE/NOTIFICATION GOVERNING CENTRAL ASSESSMENT PROGRAMME (CAP) FOR THEORY PAPER ASSESSMENT OF ALL UNDER GRADUATE HEALTH SCIENCE COURSES OF UNIVERSITY DATED 05.09.2022 WITH NO.RGU/AUTH/24TH CON/SYND/04/2022-2023 PASSED BY THE 2ND RESPONDENT VIDE ANNX-F AND ETC.
IN W.P.No.17047/2023: BETWEEN:
R/O FLAT NO.2, SRI BALAJI ENCLAVE, MAITHRI LAYOUT, KADUGODI MAIN ROAD, BEGALURU – 560 067.
SHRI ATAL BIHARI VAJPAYEE MEDICAL COLLEGE & RESEARCH INSTITUTE, NO.1, LADY CURZON ROAD, SHIVAJINAGAR, BENGALURU – 560 001.
3 . MR. VINITKUMAR, S/O VISHWARADHYA, AGE 21 YEARS, R/O BOYS HOSTEL, NAVODAYA MEDICAL COLLEGE HOSPTIAL & RESEARCH CENTER, MANTRALAYAM ROAD, NAVODAYA NAGAR, RAICHUR – 584 103.
…PETITIONERS
[BY SRI ABHISHEK MALIPATIL, ADVOCATE]
AND:
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DWARAKA PHASE – 1, NEW DELHI - 110 077, BY ITS SECRETARY.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDINANCE/NOTIFICATION GOVERNING CENTRAL ASSESSMENT PROGRAMME (CAP) FOR THEORY PAPER ASSESSMENT OF ALL UNDER GRADUATE HEALTH SCIENCE COURSES OF UNIVERSITY DATED 05.09.2022 WITH NO.RGU/AUTH/24TH CON/SYND/04/2022-2023 PASSED BY THE 2ND RESPONDENT VIDE ANNX-F AND DIRECT THE RESPONDENT UNIVERSITY TO CONDUCT FRESH VALUAITON OF THE FAILED SUBJECTS OF THE MMBS (RS4) EXAMINATIONS OF FEBRUARY 2023 AND MAY 2023 UNDERTAKEN BY THE PETITIONERS BY SUBJECTING THE ANSWER SCRIPTS TO TWO VALUATIONS AND TO CONDUCT 3RD VALUATION ON THERE BEING A DIFFERENCE OF 15 PERCENT MARKS BETWEEN THE EXAMINERS AND
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TO ANNOUNCE THE RESULTS AFRESH WITHOUT ANY DELAY AND ETC.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 25.01.2024, THIS DAY, THE COURT, PRONOUNCED THE FOLLOWING:
ORDER
All these writ petitions seek following common reliefs:
(In W.P.no.14602/2023, prayer (iii) is omitted)
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Regulations, RGUHS was to place them before Academic Council and act according to its advice and until then RGUHS was directed to follow Ordinance promulgated on 15.06.2012, which was as follows:
matter of framing new Regulations governing conduct and standards of examination before Academic Council Committee, on 20.04.2022, it resolved to adopt procedure followed in
neighbouring States, without discussion of pros and cons and propriety of importing Regulations without examining suitability. It was submitted, even when said matter was placed before, Syndicate of RGUHS, it accepted proposal of Academic Council without application of mind. Thus, regulations framed by Maharastra University of Health Sciences were imported and promulgated on 05.09.2022 as Ordinance/Notification Governing Central Assessment Programme (CAP) for Theory Paper Assessment of All Under Graduate Health Science Courses of University with effect from 01.09.2022 (‘CAP-2022’ for short). It was submitted, as per CAP-2022, general valuation was to be by first eligible examiner of respective faculty and revaluation by second eligible examiner with highest total marks amongst two valuations being taken for declaration of results.
validity of CAP-2022 was not tested nor upheld; thirdly, valuation by only evaluators, unlike by 2 + 1 evaluators under CAP-2021 would be illegal and minutes of Syndicate Meeting held on 02.09.2022 and 05.09.2022, drawn on 07.09.2022 indicated taking decision to supply scientific information and documents including information from University to various authorities for preparation of new Ordinance, contrary to records which showed mechanic adoption of regulations from Maharastra University of Health Sciences. It was submitted, impugned Regulations were contrary to directions issued by Division Bench of this Court in Rajiv Gandhi University of Health Sciences and Anr. v. Mr.Samarth S.S and Ors. (W.A.no.1208/2022 & W.A.no.1214/2022, W.A.no.1215/2022 disposed of on 11.01.2023). It was submitted that impugned Regulations do not indicate that directions issued in Sahana Kalasagond’s case (supra) were followed. Hence, same were liable to be quashed.
decision of this Court in Dr.Prashanth P. Mannur and Ors. v.
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Rajiv Gandhi University of Health Sciences and Ors.
(W.P.nos.25680-682/2009 and connected matters disposed of on 05.10.2009), submitted, it was necessary for University to show that consultation of Academic Council was ‘effective’, especially, in case of departure from earlier procedure. And records it has to be established that all material based on which such departure was proposed, were placed before Academic Council for its consideration.
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for Technical Education v. Surinder Kumar Dhawan &
Ors., reported in 2009 (11) SCC 726.
Sahana Kalasagond’s case (supra) and results of April, 2023 Examinations were announced in terms of method of evaluation and computation of results, wherein petitioners have passed/failed in some subjects. Since reliefs sought were only in respect of failed subjects, petitioners were guilty of blowing hot and cold in same breath. Hence, no interference was warranted and sought dismissal of writ petitions.
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could not mean concurrence as held in Moazam Shah Khan’s case (supra). It is also contended, Regulations were framed by following directions in Sahana Kalasagond’s case (supra).
consideration:
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evil and other negative aspects in existing system and device changeover having vision for future, taking note of drastic consequences that ensue. Earlier decision in Moazam Shah Khan’s case (supra) was also noted.
were in view of legal position entailing upon decision in Sahana Kalasagond’s case (supra), RGUHS was directed to follow 15.06.2012 Ordinance for valuation, challenge valuation and declaration of results.
RGUHS and Anr., disposed of on 13.10.2023), learned Single Judge of this Court examined specific challenge against CAP2022, by students who had appeared in May, 2022 MBBS Examinations and prayer for providing challenge valuation in case of difference of marks awarded between two evaluators was more than 15%. Invalidity of CAP-2022 on ground of noneffective consultation was also considered, but writ petitions were dismissed by upholding validity of CAP-2022.
referring to series of decisions of Hon’ble Supreme Court. Division Bench of this Court in New Krishna Bhavan, Malleswaram, Bangalore-3 v. Commercial Tax Officer, No. IV Circle (Addl.) Bangalore, reported in 1959 SCC OnLine Kar. 130, held in case of conflict between decisions of equal bench strength, later decision would prevail. In view of above discussion, questions (i) to (iii) are answered in negative.
Consequently, writ petitions are dismissed.
GRD/-
Sd/JUDGE
RVHJ:
18.04.2024
ORDER
After pronouncement of order in above writ petitions, it was submitted that petitioners herein have appeared for MBBS Examination held during January, 2024 and passed Phase-I of Course.
If it is so, dismissal of present writ petitions would not come in way of petitioners retaining said result, if they are otherwise entitled to, in accordance with law.
This order be treated as part and parcel of final order.
Sd/JUDGE
Vmb/-
3 issues framed by the court
Whether the writ petitions were barred by acquiescence, estoppel or exhaustion of attempts?
Whether CAP-2022 was liable to be quashed for non-application of mind or lack of effective consultation under Section 35 of the RGUHS Act?
Whether withdrawal of the right to challenge valuation called for interference?
Colour shows how this judgement treated each authority
Ms.Sahana Kalasagond and Ors. v. Rajiv Gandhi University of Health SciencesReferred¶5
W.P.no.13626/2021
Rajiv Gandhi University of Health Sciences and Anr. v. Mr.Samarth S.S and Ors.Referred¶27
W.A.no.1208/2022 & W.A.no.1214/2022, W.A.no.1215/2022
Dr.Prashanth P. Mannur and Ors. v. Rajiv Gandhi University of Health Sciences and Ors.Distinguished¶26
W.P.nos.25680-682/2009
Sidanth Shenava v. Rajiv Gandhi University of Health SciencesDistinguished¶28
W.P.no.7774/2022
Ms.Niharika S. v. Rajiv Gandhi University of Health Sciences and Anr.Distinguished¶28
W.P.no.9166/2022
Sri Venkatesh and Anr. v. State of Karnataka (Revenue Department) and Ors.Referred¶11
W.P.no.11112/2021
Union of India v. Satish Kumar RanjanReferred¶12
W.P.no.239/2016
All Indian Council for Technical Education v. Surinder Kumar Dhawan & Ors.Referred¶13
2009 (11) SCC 726 · Who else cites this
Om Prakash Shukla v. Akhilesh Kumar ShuklaApplied¶24
1986 Supp. SCC 285 · Who else cites this
Madras Institute of Development Studies v. K. SivasubramaniyanRelied on¶24
(2016) 1 SCC 454 · Who else cites this
Ashok Kumar v. State of BiharRelied on¶24
(2017) 4 SCC 357 · Who else cites this
Taniya Malik v. High Court of DelhiRelied on¶24
(2018) 14 SCC 129 · Who else cites this
V.Vamshi Krishna v. RGUHS and Anr.Followed¶29
W.P.no.11688/2023
New Krishna Bhavan, Malleswaram, Bangalore-3 v. Commercial Tax OfficerApplied¶30
1959 SCC OnLine Kar. 130 · Who else cites this
Sahana Shivanagouda Marigoudar v. RGUHS and Anr.Referred¶27
W.P.no.14605/2022
2 provisions across 2 enactments
Aneesh S.M and Ors.
Vindhya Bhat
Smriti N.
Poojitha J. Angadi
H.N. Shivani Agathya
Rajiv Gandhi University of Health Sciences
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
