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2022 Supreme(Online)(Kar) 59404
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22nd DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE P.KRISHNA BHAT
W.P. NO.6400 OF 2022 (EDN-EX)
BETWEEN:
DR.DHARSHANA T
D/O DR. K.THINAGARAN,
AGED ABOUT 29 YEARS,
FINAL YEAR STUDENT
OPHTHALMOLOGY,
MVJ MEDICAL COLLEGE AND
RESEARCH HOSPITAL,
NO.75, 30TH MILE,
DANDUPALYA VILLAGE,
KOLATHURU POST,
HOSKOTE-562114,
BENGALURU RURAL DISTRICT.
& PETITIONER
(BY SRI. HANUMANTHAPPA A, ADVCATE)
AND:
1.
THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES,
4TH T BLOCK, EAST,
PATTABIRAMANAGAR,
JAYANAGAR,
BENGALURU-560041.
2.
THE PRINCIPAL
MVJ MEDICAL COLLEGE AND
RESEARCH HOSPITAL,
NO.75, 30TH MILE,
2
DANDUPALYA VILLAGE,
KOLATHURU POST,
HOSKOTE-562114,
BENGALURU RURAL DISTRICT,
... RESPONDENTS
(BY SRI.HARISH GANAPATHY, ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF MANDAMUS OR ANY ORDER DIRECTING
THE RESPONDENTS TO PRMIT THE PETITIONER FOR
WRITING THE FINAL YEAR PG (OPTHALMOLOGY) MS
EXAMINATION, BY ALLOWING THE WRIT PETITION
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN B GROUPS, THIS DAY THE COURT MADE THE
FOLLOWING:
The petitioner is a candidate for MS (Ophthalmology)
in MVJ Medical College And Research Hospital (respondent
No.2) at Hoskote. Her admission was for the academic
year 2019-20 and she was scheduled to complete the same
during the academic year 2021-22. However, on account
of Covid-19 pandemic, when she had gone to visit her
parents in Tamilnadu, due to lock-down she could not
return to Karnataka to attend the classes and she fell 75
days short of attendance. Therefore, she was not
permitted to take the examination.
3
It is the contention of learned counsel for the
petitioner that she had made a representation dated
13.01.2022 addressed to the Professor, HOD Department
of Ophthalmology of respondent No.2-College and the
Professor & HOD had recommended for condoning of her
absence and permitting her to take the examination.
Learned counsel further submits that during Covid-19
Pandemic, the operation theatre in the hospital were all
closed down and in effect, the petitioner did not actually
miss out on any practical classes. He further submits that
respondent
No.1 may be directed to consider the
recommendation at Annexure-C and permit the petitioner
to take examination to prevent any jeopardy to her career.
3.
Learned counsel for the respondent No.1-
University contends that minimum attendance is mandatory
for the petitioner for taking MS Ophthalmology examination
and therefore, the petitioner is not entitled to any relief.
4.
Since,
learned
counsel
for
the
petitioner
submits
that
HOD,
Ophthalmology
has
already
recommended for condoning the shortage of attendance
4
under Annexure-C and also during the Covid-19 Pandemic,
hospitals were closed down, it is open to the University-
respondent
No.1
to
sympathetically
consider
the
recommendation
made
under
Annexure-C
and
take
appropriate decision within a week from today.
5.
Hence, this writ petition is disposed of with a
direction
to
respondent
No.1
to
consider
the
recommendation at Annexure-C, dated 13.01.2022 and
take appropriate decision thereon within a week from today
and communicate the same to the petitioner immediately
thereafter.
Sd/-
JUDGE
JS/-
