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Justice: THE HON' BLE MR.JUSTICE R DEVDAS
THE HIGH COURT OF KARNATAKA AT BENGALURU partly allowed the writ petitions by directing Respondent-University (RGUHS) to re-conduct the ‘Practical Examinations’ and announce the results on or before 13.09.2021.
Facts,
Writ petition was filed by the final year students from Kodagu Institute of Medical Sciences. Their grievance is that although they have been meritorious students and they have successfully completed all the previous semesters, in the ‘Practical Examinations’ that were conducted during the month of March, 2021, they have been given very low marks as a consequence of which they have been declared as ‘failed’ in the practical examinations. The petitioners have been declared so, in one or two subjects. It is also contended that all the petitioners have secured the minimum passing marks in theory papers.
Learned counsel for the petitioners draws the attention of the Court to an order passed by a Division Bench of this Court in W.A.No.615/2020 in the case of RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES VS. MR.RANGEGOWDA.Y AND OTHERS wherein it was noticed that in the column where remarks were required to be made by the examiners, no remarks were filled. On that ground alone, the grievance of the students was directed to be redressed by directing the University to re-conduct the practical examinations within three weeks.
Court finds that when the Hon’ble Division Bench has granted relief to the students only on the ground that, no remarks were made in the remarks column, this Court finds in the present cases that in some of the cases the remarks columns are not filled and the marks are not mentioned individually by all the four examiners.
Therefore, these are definitely cases which are required to be disposed of in terms of the orders passed by the Hon’ble Division Bench.
Court said that the writ petitions are partly allowed. Respondent-University (RGUHS) is hereby directed to re-conduct the ‘Practical Examinations’ and announce the results on or before 13.09.2021. This is necessary because the next examinations/supplementary examinations have already been announced to commence from 14.09.2021.
Needless to observe that the ‘Practical Examinations’ shall be conducted by the examiners who have not already examined these petitioners.
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