Karnataka High Court Asks Rajiv Gandhi University Of Health Sciences To Re-Conduct Practical Exams For 8 Final Year Students

Justice R Devdas while partly allowing the petition filed by Pardeep Sihag and others said,

"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."

The petitioners claimed that all of them 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.

Some of the petitioners had earlier approached the high court, and a coordinate Bench had directed the University (RGUHS) to consider the representations of the petitioners and pass appropriate orders in accordance with the Rules and Regulations of the University. The University, on considering the same, declined to re-conduct the practical examinations.

Advocate Pratheek H.C and Advocate Keerthana Nagaraj appearing for the petitioners brought to the notice of the court an order passed by a Division Bench in the case of Rajiv Gandhi University of Health Sciences v. Mr. Rangegowda.Y & Ors, wherein it was noticed that in the column where remarks were required to be made by the examiners, no remarks were filled in. 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.

The bench on taking into consideration the order said,

"On hearing the learned counsels and on perusing the petition papers, this 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."

It added, "Needless to observe that the 'Practical Examinations' shall be conducted by the examiners who have not already examined these petitioners."

Case Title: Pardeep Sihag v. Rajiv Gandhi University

Case No: W.P. No. 15924/2021

Appearance: Advocate Pratheek HC and Advocate Keerthana Nagaraj for Petitioner; Advocate NK Ramesh for Respondents 1 and 2; Advocate Sumana M. Baliga for Respondent 3; Advocate N. Khetty for Respondent 5.

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