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Karnataka High Court · body

2016 DIGILAW 825 (KAR)

Alok Vinod Kulkami v. Rajiv Gandhi University of Health Sciences

2016-11-05

B.VEERAPPA

body2016
ORDER : B. VEERAPPA, J. 1. Learned counsel for the petitioner has filed a memo today in the Court stating that the petitioner is not pressing Prayer (a) in the writ petition. The memo is placed on record. Accordingly, Writ Petition is dismissed as not pressed insofar as Prayer (a) is concerned. 2. The petitioner is before this Court for a writ of mandamus directing Respondent Nos.1 and 2 to evaluate all four M.D. Psychiatry papers afresh by four evaluators as per Regulation 14(1)(b) of the Medical Council of India Post Graduate Medical Education Regulations, 2000. 3. It is the case of the petitioner that he is a MBBS graduate holding a DPM from the NIMHANS Institute and currently pursuing the M.D. Psychiatry course offered by the 1st respondent at the 3rd respondent college, Davangere and he has excellent academic record. He attended M.D. Psychiatry examination in July-2016. Though he performed well, the valuation of his answer scripts in the four subjects of M.D. Psychiatry has not been carried out as per the regulations of the Medical Council of India. He also produced copy of Paper-1 of the M.D. Psychiatry Examination to show that it was valued only by two evaluators. 4. I have heard the learned Counsel for the parties to the lis. 5. Sri Abhinav R., learned Counsel for the petitioner reiterating the grounds urged in the writ petition contended that the very procedure adopted by the 1st respondent-University in evaluating the papers of the petitioner's in MD Psychiatry is contrary to the provisions of Regulation 14(1)(b) of the Medical Council of India Post Graduate Medical Education Regulations, 2000 and therefore, he sought to allow the writ petition. 6. Per contra, Sri. S.G Pandith, learned Counsel for respondent Nos. 1 and 2 contended that the 1st respondent has evaluated the papers of the petitioner in terms of the notification dated 1.7.2015 and the same is in accordance with law. Therefore, he sought to dismiss the writ petition. 7. In view of the rival contentions urged by the learned Counsel for the parties to the lis, the only point that arises for consideration in the present writ petition is: Whether the petitioner has made out a case to grant the prayer as sought for in the writ petition in the facts and circumstances of the present case? 8. 7. In view of the rival contentions urged by the learned Counsel for the parties to the lis, the only point that arises for consideration in the present writ petition is: Whether the petitioner has made out a case to grant the prayer as sought for in the writ petition in the facts and circumstances of the present case? 8. I have given my thoughtful consideration to the arguments advanced by the learned Counsel for the parties and perused the material on record. 9. It is an undisputed fact that the petitioner after completion of MBBS Graduate holding a DPM from the prestigious NIMHANS Institute has joined M.D. Psychiatry Course in the 3rd respondent-College and appeared for the examination held in July, 2016. One of the material documents produced by the petitioner-Annexure-G clearly indicates that the evaluations were made by the two evaluators which is against to the provisions of Regulation 14(1)(b) of the Medical Council of India Post Graduate Medical Education Regulations, 2000 though an attempt has been made by the learned Counsel for the respondents that the evaluation has been made in accordance with the Notification dated 1.7.2015. It is also not in dispute that in identical circumstances, this Court in the case of Dr. Haritha Ravipati v. Rajiv Gandhi University of Health Sciences of Karnataka in W.P.No.49749/2016 and connected matters disposed of on 27.09.2016 quashed the notification dated 01.07.2015 and directed the Rajiv Gandhi University of Health Sciences to evaluate the papers of the petitioners therein by four evaluators strictly in accordance with Regulation 14(1)(b) of the Post Graduate Medical Education Regulations, 2000 which has become final and conclusive. 10. For the reasons stated above, the point raised in the present writ petition is answered in the affirmative, holding that the petitioner has made out a case to grant the prayer as sought, for evaluation of all four papers of MD Psychiatry by four evaluators in accordance with Regulation 14(1)(b) of the Medical Council of India Post Graduate Medical Education Regulations, 2000. 11. Accordingly, writ petition is allowed and the Rajiv Gandhi University of Health Sciences represented by the Registrar (Evaluation) is directed to conduct fresh evaluation of the answer scripts of the petitioner in MD Psychiatry Course consisting of four papers in accordance with the provisions of Regulation 14(1)(b) of the Medical Council of India Post Graduate Medical Education Regulations, 2000 and announce the results. 12. 12. However, it is made clear that this order pertains only in respect of the petitioner herein and is not applicable to the Post Graduate students, who have already completed the Course on the basis of the notification dated 1.7.2016.