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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF OCTOBER, 2020

BEFORE

THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO.11348 OF 2020 (EDN - RES)

BETWEEN:

DR. GURUPRASAD,

S/O CHENNIGA RAMAIAH,

AGE 34 YEARS,

C/O NO.340, 7^TH MAIN ROAD,

80 FEET ROAD, ITI LAYOUT,

MALLATHAHALLI,

BANGALORE SOUTH,

BANGALORE – 560 057.

…PETITIONER

(BY SMT.SUMANA BALIGA M., ADVOCATE)

AND:

RAJIV GANDHI UNIVERSITY

OF HEALTH SCIENCE,

4^TH T BLOCK, JAYANAGAR,

BENGALURU

KARNATAKA – 560 041.

REPRESENTED BY

REGISTRAR EVALUATION.

…RESPONDENT

(BY SRI.N.K.RAMESH, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE

THE PETITIONERS PASS IN THE EXAMINATION IN THE

DISCIPLINE OF MD PATHOLOGY EXAMINATION CONDUCTED BY

THE RAGIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND

ETC.

THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY

THROUGH VIDEO CONFERENCE, THE COURT MADE THE

FOLLOWING:

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ORDER

Petitioner, a Post Graduate medical student having been

failed by a fraction of percentage (49.75% qua 50%), is

knocking at the doors of Writ Court grieving against the

respondent-Health University inter alia contending that by

virtue of Ordinance Governing Post Graduate, including PG-

Diploma & Super Speciality Answer Scripts Evaluation

promulgated by Notification dated 29.03.2019, the said

fraction ought to have been rounded off to the next full figure,

arguably which would have resulted into his passing.

2.

Respondent-Health

University

having

entered

appearance through it’s Senior Panel Counsel, opposes the

writ petition contending that the petitioner is not entitled to

the ‘argued rounding off’; it is also submitted that the

petitioner is not entitled to take the benefit of judgment in

W.P.58414/2017, a copy whereof is at Annexure-H.

3. Having heard the learned counsel for the parties

and having perused the petition papers, this Court is inclined

to grant relief to the petitioner as under for the following

reasons:

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(a) the Digital Valuation Slips of the petitioner at

Annexure-C series show that the five evaluators were not

provided with key answers and therefore in terms of the

judgment in the case of Ms.Nischitha vs. RGUHS in

W.P.No.58414/2017 decided on 06.06.2018, there is infirmity

in the valuation process; the contention that the said

judgment shall not be treated as a precedent even if accepted

would not come to the rescue of the respondent-University

since parity factors if not the precedent; however, at this

length of time it is not worthwhile to subject the theory

papers for valuation afresh and some equitable relief needs to

be granted, instead; and,

(b) as per the extant norms of the respondent-

University for passing in the examination a student has to

secure 50% in the theory papers in aggregate and 50% in the

practical + viva voce; petitioner has secured 49.75% in the

theory papers and 70% in the practical + viva voce; paragraph

5(I)(b) of the subject Ordinance reads “the average of the best

four total marks for the paper awarded by five evaluators,

which is rounded off to the nearest value, shall be considered

for final computation of the results”; since arithmethically

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petitioner has secured 49.75%, the said figure has to be

rounded off to the next whole and that will be 50%.

In the above circumstances, this writ petition succeeds;

the petitioner’s marks in theory examination at 49.75%

stands rounded off to the next whole ie., 50% and

consequently the respondent-University shall declare him

‘passed’ and to issue the necessary result sheet accordingly.

Time for compliance is four weeks.

No costs.

Sd/-

JUDGE

NS