JUDGMENT Ashok G. Nijagannavar, J. - This petition is filed for quashing the notification dated 29.03.2019 bearing No.RGU/AUTH/140- SYN/117-7(Exam)/2018-19 vide Annexure-L issued by respondent No.1-Rajiv Gandhi University of Health Sciences holding that the same is arbitrary, illegal and unconstitutional and further sought for a direction to the respondent No.1-University for re-evaluation of Physiology Paper I and II and also of Bio-chemistry Paper I and Paper II of the petitioner (with Register No.18M4219) studying in respondent No.3-College. 2. The petitioner is a student studying in respondent No.3-S.S. Institute of Research and Medical Centre, Davanagere, which is affiliated to respondent No.1-University established under Rajiv Gandhi University of Health Sciences Act, 1994 (hereinafter referred to as RGHUS Act ). By virtue of the powers conferred under Section 35(1) of the RGHUS Act, the respondent No.1 has been issuing various notifications/ordinances in relation to inter alia conduct of examinations. The petitioner had appeared for first year examinations held in June 2019, but failed in three subjects viz., Anatomy, Physiology and Bio-chemistry. She appeared for supplementary examinations conducted in October 2019, but passed in only one subject viz., Anatomy and failed in two subjects viz., Physiology and Bio-chemistry. The petitioner intended to apply for reevaluation but she was informed that there was no provision or scope for revaluation in view of the notification as per Annexure-L. There is no reasonable explanation as to why a student who has not been successful in one component must repeat the other components, which she/he has been successful in, when the preparation required and the skills tested under each of these types of examination are different. In view of the said notification under challenge, the petitioner is required to once again attempt the internal assessment and practical though she has cleared them satisfactorily in her very first attempt. This duplication of effort from the student, who has been successful is unjustified. Thus, the notification as per Annexure-L is arbitrary and the same cannot be sustained in law. 3. The notification is regarding the Ordinance Governing Undergraduate evaluation of answer scripts promulgated by the respondent University through it s Syndicate vide Notification dated 29.03.2019; the said Ordinance is made effective from 01.03.2019 which provides for Deviation Valuation to be conducted by the third evaluator where the difference of marks awarded by the two evaluators inter se is 15% or more of the maximum marks prescribed for the paper in question. 4. Heard learned counsel for the petitioner and Sri N.K.Ramesh, learned counsel for the respondent Nos.1 and 2. 5. Both counsels have submitted that this writ petition is covered by the judgment dated 10.08.2020 passed in W.P.No.31335/2019 and connected matters by the coordinate Bench of this Court. Hence, the present writ petition may be allowed and necessary orders may be passed as prayed for. 6. The challenge to the impugned Ordinance (Notification dated 29.03.2019 bearing No.RGU/AUTH/140-SYN/117-7(Exam)/2018-19 vide Annexure-L) is inter alia on the grounds of legislative competence, arbitrariness, retrospectivity, nonpublication, procedural infirmities and repugnancy with the extant MCI Regulations; it is also contended that the impugned Ordinance does not address the cases of extreme erratic valuations and therefore Writ Court should not refrain from granting relief to the victims de horse Ordinance in such matters; arguments are also advanced for reading down of the Ordinance; the Ordinance is apparently repugnant to the provisions of Graduate Medical Education Regulations, 1997 promulgated by the Medical Council of India u/s 33 of the Indian Medical Council Act, 1956. 7. The facts involved in the present writ petition are identical to that of the facts and grounds urged in W.P.No.31335/2019 and connected matters relied on by the learned counsel for both parties. On considering the merits of the case, the coordinate bench of this Court has passed the order as under: In the above circumstances, these writ petitions succeed; a Writ of Certiorari issues quashing the impugned Ordinance in its entirety; a Writ of Mandamus issues to the respondent-University to cause valuation of all Theory answer scripts of all the petitioners by a set of Four Evaluators, in terms of Regulation 13(2) of Graduate Medical Education Regulations, 1997, forthwith. It needs to be mentioned that the benefit of this judgment should be made extended to all the similarly circumstanced students who have been failed in the Theory Papers on the basis of assessment under Double Valuation Method, if they so seek within a reasonable period and without driving them to the litigation process unnecessarily; it is open to the respondent- University to devise its own mechanism for giving effect to this judgment. However, this judgment shall not be construed as warranting a fresh valuation of any Theory Papers in which the students have already been declared passed/successful. However, this judgment shall not be construed as warranting a fresh valuation of any Theory Papers in which the students have already been declared passed/successful. It is needless to mention that the University shall accomplish valuation by two more evaluators of the subject answer scripts before the examinations for the next level are notified; the candidates who do not emerge victorious on account of valuation by two more evaluators may reappear for the examination in question in accordance with law. It is open to the University to repromulgate similar Ordinance if & when it duly adopts Double Valuation Method under the now amended MCI Regulations, and in accordance with law. Costs made easy. 8. This aforesaid order having not been challenged, has reached finality. Under these circumstances, the said order holds good for this writ petition. The counsel representing respondent Nos.1 and 2 has no objections to grant the reliefs claimed by the petitioner. 9. In the above circumstances, this writ petition succeeds; a Writ of Certiorari issues quashing the impugned Ordinance (Notification dated 29.03.2019 bearing No.RGU/AUTH/140-SYN/117-7(Exam)/2018- 19 vide Annexure-L in its entirety; a Writ of Mandamus issues to the respondent-University to cause reevaluation of Physiology Paper I (bearing answer booklet No.XXXXXXX935) and Paper-II (bearing answer booklet No.XXXXXXX414) and also of Bio-chemistry Paper I (bearing answer booklet No.XXXXXXX458) and Paper II (bearing answer booklet No.XXXXXXX579) of the petitioner (with Register No.18M4219) studying in the respondent No.3-College. As observed in the order dated 10.08.2020 passed in W.P.No.31335/2019 and other connected matters, it is needless to mention that the University shall accomplish valuation by two more evaluators of the subject answer scripts before the examinations for the next level are notified; the candidates who do not emerge victorious on account of valuation by two more evaluators may reappear for the examination in question in accordance with law. It is open to the University to re-promulgate similar Ordinance if & when it duly adopts Double Valuation Method under the now amended MCI Regulations, and in accordance with law.