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2021 Supreme(Kar) 468

SACHIN SHANKAR MAGADUM
VISHWESHWARA C S/O KRISHNA BHAT – Appellant
Versus
REGISTRAR(EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH BLOCK, JAYANAGAR BENGALURU – Respondent


Advocates Appeared:
For The Appellant :SRI.D R RAVISHANKAR, ADVOCATE)
For The Respondent:SRI.D.N.NANJUNDA REDDY, SRI.N.K.RAMESH, ADVOCATE

ORDER :

These writ petitions are filed questioning the Ordinance dated 1.2.2021 on the ground that it is incomplete, arbitrary and seeks to in

fuse inequality and therefore, is violative of Article 14 of the Constitution of India. The petitioners are also seeking a writ in the nature of mandamus to direct respondents to conduct fresh evaluation of their answer scripts pertaining to 1st year MBBS Phase-I.

2. The common grievance of the petitioners in the present batch of writ petitions is that respondents for the purpose of evaluation of answer scripts have promulgated ordinance governing Central Assessment Program[CAP] for theory paper assessment of MBBS course, which is applicable to the examinations conducted on or after 1.2.2021. The petitioners contend that the impugned Ordinance has resulted in gross discrimination between the nature of evaluation, consideration of marks and also yardstick which is proposed to be adopted for ironing out the differences in evaluation. They further contend that on account of impugned Ordinance, they have lost few marks. The petitioners also claim that they would have automatically passed being eligible as per Regulation of Graduate Medical Educatio

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