RGUHS had a statutory duty to conduct exams for students who studied under the pre-existing scheme, as per Section 63 of the Act.

V. GOPALA GOWDA, J.

( 1 ) AS per the Memos filed by the learned counsel for the petitioners, permitted to delete respondents 5 to 9 in W. P. Nos 4630-49/2005 and Respondents 5 to 8 in W. P. Nos. 5699-5719/2005.

( 2 ) THE petitioners have studied MBBS Course in Kempegowda Institute of Medical Sciences, Dr. Ambedkar Medical College, M. S. Ramaiah Medical College, Bangalore Medical College, siddartha Medical College and Sri Devaraj Urs Medical College. The said colleges are affiliated to Bangalore University which is duty bound to conduct examinations under the Regulations framed by it in exercise of its power under the provisions of the Karnataka State Universities Act of 2005. The examinations have been conducted by the University upto November 2003 and thereafter no examinations were conducted by it to the students who have studied under the scheme applicable for them. As a result of which, the petitioners could not take-up the examinations. When the things stood thus, the State Government has established Rajiv Gandhi university of Health Sciences (hereinafter referred to as RGUHS ). Under Official Memorandum at Annexure-A dated 4-11-2004 issued by the Registrar, the RGUHS shall conduct the examination for the students admitted to the course prior to 1996-97. The Rules, Regulations, scheme of examination of RGUHS were made applicable to such students. Consequently, the circular/notification at Annexure 'b' dated 13-12-2004 was issued calling upon the Principals of the Colleges to furnish list of residual students (repeaters) and to collect the examination fee. Thereafter, the Notification at Annexuere-D dated 20-8-2004 was issued fixing the examination fee and the dates for payment of the same. In turn, the Bangalore University issued the Circular at Annexure-E dated 8-1-2005 calling upon the residiual (failed) students to appear for the examinations conducted by RGUHS. The petitioners have filed these writ petitions seeking to quash the Notification at Annexure-D dated 20-8-2004 issued by the fourth respondent and to declare Anncxures-A, B and E as ultra vires and to forbear the Bangalore University from endorsing them.

( 3 ) THE two-fold grivevance of the petitioners is that (1) they have studied the subjects prescribed in syallabus of Bangalore University under the scheme made applicable to them and they cannot appear for the examination that would be conducted by RGUHS as the scheme is quite different and (2) in view of Section 63 of Rajiv Gandhi University of Health Sciences Act, 1994, the bangalore University is duty bound statutiorily to conduct the examination for them as RGUHS has not choosen to conduct examinations to the petitioners and other students who have studied and completed the course before the Act has come into force and the said University was established.

( 4 ) STATEMENT of objections is filed on behalf of RGUHS inter-alia contending that the scheme of examinations conducted by it are governed by the statutes, ordinances and regulations framed under the Rajiv Gandhi University of Health Sciences Act, 1994 and therefore it is contended by the learned counsel Mr. N. K. Ramesh that the petitioners cannot compel RGUHS to conduct the examination under different schemes. The University is conducting examinations to the MBBS students, for the subjects studied by them and the syllabus of the Bangalore University are more or less same and there is no much difference. Therefore these petitioners also can appear for the exams conducted by it. He further submits that Bangalore University was conducting examinations and it is bound to conduct the same in view of Section 63 of the Act of 1994. He further submits that RGUHS has got practical problems to conduct examinations for the repeaters.

( 5 ) THE Bangalore University has filed statement of objections narrating the circumstances leading to the situtation. In view of Section 63 of the Act, it has pleaded its inability to conduct examination to the petitioners.

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