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2021 Supreme(Kar) 500

R.DEVDAS
Nusra Anjum. S. A. D/O. Akram Pasha – Appellant
Versus
Rajiv Gandhi University Of Health Sciences – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI Abhishek Malipatil, Advocate
For the Respondent:SRI N K Ramesh, Advocate

ORDER :

R. DEVDAS J.

1. The petitioner is a student of Bachelor of Dental Surgery (BDS) course and is aggrieved by the manner in which evaluation of the theory answer paper in the subject ‘Dental Materials’ II Year B.D.S. Course has been conducted by the respondent-University is made. Learned Counsel for the petitioner submits that to say the least, since there is a difference of more than 15% of the marks evaluated by two examiners, the answer script of the petitioner is required to be sent to third evaluator in terms of the Ordinance of the year 2012. The learned Counsel submits that though an Ordinance was issued on 29.03.2019 superseding the Ordinance of the year 2012, this Court in the case of Sri.Neelesh Mehta Vs. Rajiv Gandhi University of Health Sciences and Another in W.P.No.31335/2019 and connected matters which were disposed of on 10.08.2020 quashed the Ordinance dated 29.03.2019. Therefore, it is submitted that once the subsequent Ordinance of the year 2019 is struck down, the Ordinance of 2012 is revived and therefore, the provisions of the Ordinance of 2012 are applicable to the petitioner and to the answer scripts of the petitioner. It is more so, because the examinati

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