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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JULY, 2021

BEFORE

THE HON9BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.11726 OF 2021 (EDN-RES)

BETWEEN:

Ms.Nuthalapati Chandana,

Aged about 27 years,

Daughter of Mr.Nuthalapati Muralidhar,

Student residing at Rajarajeshwari

Medical College & Hospital,

Mysore Road,

Bangalore 3 560 074.

...Petitioner

(By Miss. Priyanka S Bhat, Advocate)

AND:

Rajiv Gandhi University of

Health Sciences,

4^th T 3 Block, Jayanagar,

Bengaluru,

Karnataka 3 560 041.

Represented by its

Registrar (Evaluation)

&Respondent

(By Sri.N.K.Ramesh, Advocate)

This Writ Petition is filed under Article 226 of the

Constitution of India praying to quashing the impugned

ordinance dated 01.02.2021 (Annexure - Q) passed by the

respondent University as Ultra Vires of the RGUHS Act and

previous orders of this Hon9ble Court and etc.,

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This Writ Petition coming on for Preliminary Hearing

this day, the Court made the following:

ORDER

Learned counsel for the petitioner has filed a

memo stating that the prayer sought at Annexure 3 A

is not pressed. Accordingly, the prayer 8A9 is rejected.

2. This captioned writ petition is filed by the

petitioner seeking writ of direction in the nature of

mandamus to the respondent to send answer scripts

to respondent evaluator for revaluation and announce

the results for consideration of average of best of two

marks as awarded by three evaluators in consonance

with the ordinance dated 01.02.2021.

2. It is not in dispute that the present petitioner

was

admitted

in

medical

college

to

pursue

undergraduate course much prior to academic year

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2019-20. Therefore, the question as to whether

petitioner is entitled for four valuations in failed

subjects

has

been

decided

by

this

Court

in

W.P.No.10244/2021 disposed of on 01.07.2021 and

W.P.No.8883/2021 disposed of on 06.07.2021. In the

context of the benefit granted by the Co-ordinate

Bench of this Court rendered in the case of NEELESH

MEHTA VS. RAJIV GANDHI UNIVERSITY OF

HEALTH

SCIENCES

(W.P.No.31335/2019

DISPOSED OF ON 10.08.2020) and in the case of

BASANTH K B VS. RAJIV GANDHI UNIVERSITY

OF

HEALTH

SCIENCES

AND

ANOTHER

(WP

No.231/2021

AND

CONNECTED

MATTERS

DISPOSED OF ON 11.02.2021). This Court is of

the view that the relief sought in the present writ

petition has to be granted and the benefit of four

evaluation in failed subjects including the deviation

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valuation has to be extended to the present petitioner

also.

For the foregoing reasons, the writ petitions

stand allowed.

The respondent 3 University is directed to

comply with the orders within four weeks from the

date of receipt of a copy of this order.

Sd/-

JUDGE

VBS