-1-

WA No. 1208 of 2022 &

WA No.1214 of 2022,
WA No.1215 OF 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE ASHOK S.KINAGI

WRIT APPEAL NO. 1208 OF 2022 (EDN-RES)

AND
W.A.NO.1214 OF 2022, W.A.NO.1215 OF 2022

IN W.A. No.1208 OF 2022

BETWEEN:

1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4TH T BLOCK, JAYANAGAR
BENGALURU - 560041
REP. BY ITS VICE CHANCELLOR
NOW REP. BY REGISTRAR

Digitally signed
by R DEEPA 2. THE REGISTRAR
Location: High
Court of RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
Karnataka
4TH T BLOCK, JAYANAGAR
BENGALURU – 560041

...APPELLANTS

(BY SRI. D.N. NANJUNDA REDDY, SR. ADVOCATE FOR

SMT. FARAH FATHIMA, ADVOCATE)

AND:

1. MR. SAMARTH S S
S/O SATISH S R
 -2-
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

AGED 21 YEARS,
REG. NO. 20M4370 R/O NO. 434,
7TH B CROSS, VINAYAKA LAYOUT,
NAGARABHAVI
2ND STAGE, BENGALURU – 560072

2. MS SANJANA K
D/O DR. KUMAR GOWDA S M V
AGED 20 YEARS
UNI. REG. NO. 20M4000
R/O SAI NILAYA MUTHYLPETE
MULBAGAL KOLAR – 563131

3. MR. SYED TAHA ZAYD

S/O SYED MOHIUDDIN
AGED 19 YEARS
UNI REG. NO. 20M6985 R/O 401A,
ESTEEM ENCLAVE
AREKERE, 2ND CROSS,
BANNERGHATTA ROAD
BENGALURU – 560076

4. MR. KARTHIK S KUMAR

S/O MR. K K SATHEESH KUMAR
AGED 20 YEARS
UNI. REG. 20M4120 R/O CHENGAT HOUSE, CHANDERA
MANIYAT, KASARGOD PO
KERALA - 673 005

5. MR RAKSHITH MUDEGOWDRU
S/O GIRISH MUDEGOWDRU
AGED 20 YEARS
UNI. REG. NO. 20M6196 R/O NO. 1637/10 SADASHIVA,
1ST CROSS, 2ND MAIN,
TARALABALU
DAVANAGERE - 577 005

6. MR. FARHAD VIRAF BHADHA

S/O MR. VIRAF F BHADHA
AGED 21 YEARS
UNI REG. NO. 20M3174
 -3-
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

R/O BUILDING NO.15,

FLAT NO.4, OLD KHAREGHAT COLONY
HUGHES ROAD,
MUMBAI - 400 007

7. MR VINAYAKA M M
S/O MALLIKARJUNA M K
AGED 24 YEARS
UNI. REG. NO. 20M6258
R/O NO. 2543/1, 6TH MAIN ROAD
M C C A BLOCK,
DAVANAGERE - 577 004

8. MS. ANKITA A
D/O ASHOK AMBALGI
AGED 22 YEARS
UNI. REG. NO. 19M5604
R/O MSK MILL, GDA LAYOUT
BEHIND CENTRAL BUS STAND
KALABURAGI - 585 103

9. MR. VARUN HIREN PATHAK

AGED 20 YEARS
S/O HIREN TARUN PATHAK
UNI. REG. NO. 20M4454
R/O NO.28, SANGAM SOCIETY CITY LIGHT ROAD
NUPOOR HOSPITAL SURAT NR
GUJARAT - 395 007

10 . MR PRAJWAL BIRADAR
S/O BASAVARAJ BIRADAR
AGED 20 YEARS
UNI. REG. NO. 20M5293 H.NO. 3-104212
DARGA ROAD, SIDDESHWAR NAGAR
GAZIPUR, KALABURAGI - 585 102

11 . MS NIDHI SRIDHAR
D/O SRIDHAR N
AGED 21 YEARS UNI REG. NO. 20M5883 R/O 1217/2,
2ND BLOCK, BEL LAYOUT
NANJAPPA ROAD,
 -4-
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

VIDYARANYAPURA
BENGALURU – 560097

12 . MS. SAMITHA RANJOLKAR

D/O SHIVARAJ RANJOLKAR
AGED 20 YEARS
UNI. REG. NO. 20M7184 R/O H.NO. 10-3/9/2
PLOT NO.53 8TH CROSS, VITTAL NAGAR KALABURAGI -
585 102

13 . MS. LEKHASHREE G
D/O G S GOVINDAPPA
AGED 21 YEARS
UNI. REG. NO. 20M5104 R/O 1ST CROSS, THYAGARAJA
COLONY
MULBAGAL KOLAR - 563 131

14 . MS FIRDOSE SIDDIQ D
D/O B DADAPEER
AGED 20 YEARS
UNI. REG NO. 20M6146
R/O GANESH LAYOUT,
2ND MAIN, 5TH CROSS,
DAVANAGERE - 577 001

15 . MS RAKSHITHA K M
D/O MURALIDHARA K R
AGED 21 YEARS
UNI REG. NO. 20M6197
R/O GIRLS HOSTEL,
S S INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE,
SOG COLONY
SHRI RAMANAGARA
DAVANAGERE - 577 003

16 . MS AIWARAYA T S
D/O SURESHBABU T V
AGED 20 YEARS
UNI. REG. NO. 20M4580
R/O THARAYIL HOUSE,
 -5-
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

EITHURUTH KODUNGALLUR
PO THRISSUR KERALA - 620 680

17 . MS. POOJA M REDDY

D/O MANJUNATH REDDY M M
AGED 22 YEARS
UNI. REG. NO. 20M3699 R/O NO. 1495,
18TH CROSS, 14TH MAIN,
KUMARASWAMY LAYOUT, 1ST STAGE
BENGALURU – 560078

18 . MS. SHREYA
D/O CHANNABASAVARAJ K PATIL
AGED 20 YEARS
UNI. REG. NO. 20M1013
R/O H NO. 8-4-45, BHER PETH,
NEAR NATH TEMPLE ALAND,
KALABURAGI - 585 302

19 . MS. NIKITA ARUNKUMAR KOLUR

D/O ARUNKUMAR KOLUR
AGED 20 YEARS
UNI REG. NO. 20M4335
ARUNKUMAR KOLUR
DSP OFFICE TELAGI ROAD,
BASAVANA BAGEWADI,
VIJAYAPURA - 586 203

20 . MS. SREELAKSHMI RENJITH

D/O RENJITH THARAMMAL
AGED 20 YEARS
UNI REG. NO. 19M3865
R/O HARISREE VILLA,
NO.15, SHALIMAR GARDEN,
ATHANIKKAL WESTHILL
KOZHIKODE, KERALA - 673 005

21 . MR. DRUPADH K P
S/O SUNIL K P
AGED 23 YEARS
UNI. REG. NO. 19M3779,
 -6-
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

R/O SNEHATHEERAM (H)

KURUNGOTTU PADIKKAL
KANNADIKKAL VENGERI
KOZHIKODE,
KERALA - 673 005

22 . MS. ELSA AJU THOMAS

D/O AJU THOMAS
AGED 21 YEARS
UNI REG. NO. 19M3936
R/O A J LADIES HOSTEL
A J INSTITUTE OF MEDICAL SCIENCES,
MANGALORE - 575 004

23 . MR. M B SHREYAS
S/O M K BHASKAR
AGED 22 YEARS
UNI REG. NO. 19M4012 R/O NO. 1959,
1ST MAIN, 1ST CROSS, E BLOCK,
3RD STAGE, DATTAGAHALLY
MYSORE - 570 022

24 . MS. HAFEEZAH KHANUM

D/O NOOR KHAN
AGED 22 YEARS
UNI. REG. NO. 19M0885
R/O ABOVE INDIAN CUMC
GANGAMMA TEMPLE ROAD,
M V EXTENSION
HOSKOTE, BENGALURU – 562114

25 . MS. GOWRI M PATTANASHETTY

D/O MURUGESH P H
AGED 21 YEARS,
REG NO.19M3650
R/O GIRLS HOSTEL,
BASWESHWARA MEDICAL COLLEGE AND HOSPITAL
CHITRADURGA-577 502.

26 . MS.SHALINI S
D/O SHIVAPPA N
 -7-
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

AGED 21 YEARS,
UNI.REG.NO.19M529
R/O WARD NO.15, STREET NO.4,
VINAYAKA NAGAR, CHINTAMANI
CHIKKABALLAPURA-563 125.

27 . MS.SUJATHA S CHAVAN
D/O MR.SHIVAPPA H LAMANI
AGED 21 YEARS,
UNI.REG.NO.19M1712
NO.7, 4TH CROSS,
D BLOCK, KRISHNA GARDEN,
RR NAGAR, BENGALURU-560098.

28 . NATIONAL MEDICAL COMMISSION

UNDER GRADUATE MEDICAL EDUCATION BOARD
POCKET 14 SECTOR, 8 DWARAKA PHASE-I
NEW DELHI-110 077
BY ITS PRESIDENT/CHAIRMAN

…..RESPONDENTS

(BY SRI. D.R. RAVISHANKAR, SR. ADVOCATE FOR

SRI. ABHISHEK PATIL, ADVOCATE FOR
C/RESPONDENTS 1,3,5,7,16,20 & 25
SRI. ABHISHEK MALIPATIL, ADVOCATE FOR
RESPONDENT Nos.2, 4, 6, 8-15, 17-19, 21-24, 26 & 27
SRI. N. KHETTY, ADVOCATE FOR R28)

IN W.A.NO.1214 OF 2022

BETWEEN:

1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4TH T BLOCK, JAYANAGAR
BENGALURU - 560041
REP. BY ITS VICE CHANCELLOR
NOW REP. BY REGISTRAR

2. THE REGISTRAR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
 -8-
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

4TH T BLOCK, JAYANAGAR

BENGALURU – 560041
...APPELLANTS
(BY SRI. D.N. NANJUNDA REDDY, SR. ADVOCATE FOR
SMT. FARAH FATHIMA, ADVOCATE)

AND:

1. MR HRISHIK REDDY R
S/O RAJA REDDY
AGED ABOUT 21 YEARS
UNI REG NO.20M3334
R/O 91/B, KEMPAMMA DEVI ROAD
NEW THIPPASANDRA
BENGALURU-560075

2. NATIONAL MEDICAL COMMISSION

UNDER GRADUATE MEDICAL EDUCATION BOARD
POCKET-14, SECTOR 8, DWARAKA PHASE-1
NEW DELHI-110077
BY ITS PRESIDENT/CHAIRMAN
….RESPONDENTS

(BY SRI. ABHISHEK MALIPATIL, ADVOCATE FOR R1

SRI. N. KHETTY, ADVOCATE FOR R2)

IN W.A.NO.1215 OF 2022

BETWEEN:

1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4TH T BLOCK, JAYANAGAR
BENGALURU - 560041
REP. BY ITS VICE CHANCELLOR
NOW REP. BY REGISTRAR

2. THE REGISTRAR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR
BENGALURU – 560041
...APPELLANTS
 -9-
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

(BY SRI. D.N. NANJUNDA REDDY, SR. ADVOCATE FOR

SMT. FARAH FATHIMA, ADVOCATE)

AND:

1. MS. MAANYA H
D/O MR. H.R. HARISH KUMAR
AGED 20 YEARS
UNI REG NO.20M4945
R/O 94, 10TH MAIN, 1ST STAGE
1ST BLOCK, MANJUNATH NAGAR
BENGALURU-560010

2. NATIONAL MEDICAL COMMISSION

UNDER GRADUATE MEDICAL EDUCATION BOARD
POCKET-14, SECTOR 8, DWARAKA PHASE-1
NEW DELHI-110077
BY ITS PRESIDENT/CHAIRMAN
….RESPONDENTS

(BY SRI. ABHISHEK MALIPATIL, ADVOCATE FOR C/R1

SRI. N. KHETTY, ADVOCATE FOR R2)

THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF

THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO CALL
FOR RECORDS IN WP No-16352/2022 AND CONNECTED WRIT
PETITIONS AND SET ASIDE THE COMMON ORDER DATED
09.11.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS
HON’BLE COURT IN WP No-16352/2022, WP No-16606/2022
AND WP No-20531/2022 AND ETC.

THESE WRIT APPEALS COMING ON FOR HEARING THIS

DAY, ASHOK S. KINAGI, J., DELIVERED THE FOLLOWING:

JUDGMENT

These intra-court appeals are filed under Section 4 of

the Karnataka High Courts Act assailing the order dated

 - 10 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

09.11.2021 passed in W.P.No.16352/2022 c/w

W.P.Nos.16606/2022 and 20531/2022 by the learned

Single Judge.

2. Brief facts leading rise to filing of these appeals

are as under:

The respondents – Students admitted for the medical

course for the academic year 2019-20. The appellant

issued a time table for examination scheduled to be held in

the month of May 2022. The respondent – Students have

appeared for the examination for RS4 batch (1st batch of

the academic year 2019-2020) held in the month of May

2022. The University declared the results and conducted

valuation of the answer scripts in terms of the Ordinance

dated 01.02.2021. The Ordinance dated 01.02.2021 was

placed before the academic council for its concurrence

and approval as required under Section 35(3) of the Rajiv

Gandhi University of Health Sciences Act, 1994 (for short

‘the RGUHS Act’). The Committee of the academic council

in its meeting held on 18.02.2021 ratified the said

 - 11 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

ordinance and recommended the same to be placed before

the Syndicate having deliberated on the same, passed a

resolution dated 21.02.2021 for approval of the said

Ordinance. Few students have filed a writ petition in

W.P.No.13626/2021 challenging the validity of the

Ordinance dated 01.02.2021. The learned Single Judge

vide its order dated 07.10.2021, allowed the writ petition

and quashed the Ordinance dated 01.02.2021 and

subsequently, directed the University - appellant to ensure

to act according to the advice of the academic council

committee before promulgation of next Ordinance and

directed the University to conduct revaluation by applying

the provisions of Ordinance dated 15.06.2012. The same

Ordinance shall apply to those students where the 3rd

valuation was done under the Ordinance dated 01.02.2021

along with various other directions. The appellant-

University complied with the directions issued by the

learned Single Judge in W.P.No.13626/2021 and

announced the results. Meanwhile, the learned Single

Judge in the case of VISHWEHWARA.C VS. REGISTRAR

 - 12 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

(EVALUATION) RGUHS in W.P.No.9619/2021 and

connected cases, upheld the Ordinance dated 01.02.2021

and consequently, dismissed the writ petitions. The

learned Single Judge in the case of

MS. PRAGYA VS. RGUHS in W.P.No.9004/2022, held that

the judgment dated 17.12.2021 in W.P.No.9619/2021 in

case of Vishweswara (Supra) is per incurrium as previous

judgment dated 07.10.2021 in W.P.No.13626/2021 is not

referred. The appellant – University in compliance of the

directions issued in W.P.No.9004/2022 in the case of

Pragya (Supra), extended the same benefit to all similarly

placed students of RS4 batch of February, 2022

examination and conducted 3rd valuation. On 07.06.2022,

Syndicate meeting was held and it was resolved to

consider the recommendation of academic council dated

20.04.2022. On the said date, no decision was taken as

mandated under Section 35(4) of the RGUHS Act. The

appellant – University announced the results of May 2022

supplementary examination of RS4 batch students of

MBBS Course. The respondents – Students failed in the

 - 13 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

said examination. The University adopted the procedure

that the marks obtained in paper I and II are to be

calculated and those who secure 50% aggregate have to

be declared passed. It is contended that the appellant –

University has not adopted the procedure as per the

resolution of the academic council by calculating the

highest marks out of two valuation is to be awarded by the

examiner. The respondent – Students aggrieved by in

action on the part of the appellant – University in not

adopting the procedure as per the Ordinance dated

01.02.2021 of academic council, has filed the writ petition.

The appellant – University has filed the statement of

objections contending that, based on the directions issued

in W.P.No.13626/2021 and connected petitions and the

recommendation of the academic council, the meeting of

the Syndicate was held and new Ordinance dated

05.09.2022 was passed and the petitioners are governed

by the Ordinance dated 05.09.2022 and not as per the

 - 14 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

previous Ordinance dated 01.02.2021 and sought for

dismissal of the writ petitions.

The learned Single Judge after hearing the parties,

allowed the writ petition filed by the respondent –

Students vide order dated 09.11.2022 and directed the

appellant – University to re-compute the results of the

Students of MBBS (RS4) Examination conducted during

May, 2022 in terms of the decision of the academic council

of the respondent – University dated 20.04.2022 and

further, directed the University to complete the entire

exercise of re-computing the results within two weeks

from the date of receipt of a copy of this order and

announce the results, further directed upon revaluation of

the results if the student becomes eligible to be promoted

to the second year or third year course then such student

shall be permitted to attend the classes of second year or

third year of MBBS Course respectively, as the case may

be. Further directed that such students shall be provided

with make-up classes and such students who become

 - 15 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

eligible for the second year or third year MBBS course,

shall be treated on par with the present second year or

third year MBBS course students. The University aggrieved

by the order passed by the learned Single Judge in the

aforesaid writ petition, has filed these writ appeals.

3. Heard Sri D.N.Nanjunda Reddy, learned Senior

counsel appearing for Smt. Farah Fathima, for the

appellant, Sri D.R.Ravishankar, learned Senior counsel for

Sri Abhishek Patil for respondent – Students and Sri

N.Khetty, learned counsel for the respondent – National

Medical Commission.

4. Learned Senior counsel for the appellant

submits that the University has issued Ordinance dated

01.02.2021. He submits that re-computation exercise

cannot be done only for the petitioner as the other failed

students may also ask for re-computation, then it will be a

impossible and further such direction will create chaos in

academic field. He submits that the learned Single Judge

 - 16 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

substituted the decision of the Syndicate by its order by

recommending the date of decision of the academic

council. Further, he submits that in the absence of any

Ordinance, the University is bound to follow the directions

issued by the learned Single Judge in the case of

MS. SAHANA KALASAGOND, wherein the learned Single

Judge while quashing the Ordinance dated 01.02.2021,

directed the University to apply the provisions of

Ordinance of 2012, wherever there is difference of 15% or

more between the marks awarded by the two evaluators,

the same shall be sent for third valuation. In case where

third valuation was already done pursuant to the

Ordinance dated 01.02.2021, nevertheless, revaluation

shall be conducted even in such cases, in terms of the

Ordinance of 2012. Further, he places reliance on the

orders passed by the learned Single Judge. He submits

that the learned Single Judge has merely relied on the

Ordinance of academic council and has passed the

impugned order. Hence, on these grounds, he prayed to

allow the writ appeals.

 - 17 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

5. Per contra, Sri D.R.Ravishankar, learned Senior

counsel for the petitioner submits that the Ordinance

dated 01.02.2021 are challenged before this Court in

W.P.No.13626/2021 and connected matters. This Court

vide order dated 07.10.2021 quashed and set aside the

Ordinance dated 01.02.2021. The order of the learned

Single Judge was complied with by the University. There

was no Ordinance between 07.10.2021 to 20.04.2022 and

admittedly, the petitioners have appeared for the

examinations held in the month of May, 2022. He further

submits that which is the scheme applicable for the

examination conducted in the month of May, 2022, the

University is silent on this aspect as to which Ordinance it

was adhering for conduct of examinations of May, 2022.

The Ordinance made by the academic council shall come

into force from the date of approval by the Syndicate and

reference was made to Section 35 of the RGUHS Act. He

further submits that the said situation and decision of the

academic council was considered by the learned Single

 - 18 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

Judge. The University adopted the procedure of earlier

Ordinance, which was quashed. Further, he refers to the

observations made by the learned Single Judge in para

No.13 i.e., suffice to say that the respondent – University

ought to have adopted the procedure, as mentioned in the

said deliberation that the decision to take highest marks

out of two valuations shall be made applicable to the

examinations commencing from 1st May 2022, irrespective

of the scheme of the examination. The interpretation of

the law cannot be pre-judicial to the academic.

W.P.No.13626/2021 order was accepted by the University.

He submits that the respondent-University by applying the

Ordinance of their choice is acting contrary to the earlier

order passed by this Court. There is no anomaly while

allotting marks. Therefore, the University has not adopted

any appropriate formula. The students shall not suffer for

the anomaly, but be benefited by the formula, whereby

anomaly is removed. He submits that there is no illegality

in the order passed by the learned Single Judge. He

submits that every student shall stand to the game of the

 - 19 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

order of the learned Single Judge. He further submits that

Syndicate took a decision which is in verbatim of academic

council and he submits that the order passed by the

learned Single Judge is just and proper and does not call

for any interference. Hence, on these grounds, he prayed

to allow the writ appeals.

6. Learned counsel for the appellant in reply to the

argument addressed by the learned Senior counsel for the

petitioner submits that the Ordinance dated 01.02.2021

was struck down by this Court. Further, the University was

directed to follow the Ordinance of 2012 and

subsequently, the first examination was conducted in the

month of February, 2022 by following the Ordinance dated

01.02.2021. He further submits that the learned Single

Judge has dismissed the W.P.No.13312/2022 on

27.07.2022 in the case of MR. JORDAN RIDHYA RASQUINHA

AND OTHERS VS. RGUHS AND OTHERS. Therefore, the

University has followed the directions issued by this Court

by following the Ordinance of 2012 and he further submits

 - 20 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

that there was no Ordinance in the filed is unacceptable.

Hence, on these grounds, he prays to allow the writ

appeals.

7. Perused the records and considered the

submissions of the learned counsel for the parties.

8. The academic council of Rajiv Gandhi University

issued a notification dated 01.02.2021 relating to Central

Assessment Program (CAT) for theory assessment of

MBBS Course. The said notification was under challenge in

the writ petition No.13626/2021. The learned Single Judge

vide order dated 07.10.2021 had quashed and set aside

the Ordinance dated 01.02.2021. Further directed the

University that before promulgating the next Ordinance,

the University shall ensure that the matter is placed before

its Committee of academic council and to ensure to act

according to the advise of the academic council and

further directed to apply the provisions of Ordinance of

2012, wherever there is difference of 15% or more

 - 21 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

between the marks awarded by the two evaluators, the

same shall be sent for third valuation. In case where third

valuation was already done pursuant to the impugned

Ordinance, nevertheless, revaluation shall be conducted

even in such cases, in terms of the Ordinance of 2012

(emphasis supplied). This shall apply not only to the

petitioners, but to all the students, similarly situated. After

the disposal of the said writ petition, the meeting of

academic council Committee was held on 20.04.2022 and

discussed about the formation of Ordinance governing

Central Assessment Program (CAP) for theory paper

assessment of all undergraduate, postgraduate and super

speciality and all other courses in all faculty examination

to the Rajiv Gandhi University. After deliberation, a

resolution was passed that all the answer-scripts of

undergraduate, postgraduate, super speciality and all

other medical/dental/ayush etc., shall be subjected to two

evaluations by the eligible examiner of the respective

faculties through the digital valuation system. The highest

of total marks awarded by the two evaluators for the

 - 22 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

paper which is rounded of to the next highest shall be

considered by the computation of the results. The marks

awarded and the results so declared shall be final and

under no circumstances further valuation shall be

entertained, the said resolution shall be applicable for the

examinations which were scheduled from 01.05.2022

onwards, irrespective scheme of examination or date of

admission.

9. The appellant - University held examination for

(RS4) batch students in the month of February, 2022 and

in view of the subsequent order dated 17.12.2021 passed

in W.P.No.9619/2021 i.e., in the case of VISHVESWARA

(Supra), the appellant – University conducted the

valuations in terms of the Ordinance dated 01.02.2021.

Few students of RS4 batch, who failed in February, 2022,

aggrieved by the evaluation done in terms of the

Ordinance dated 01.02.2021 and not ordinance dated

15.06.2012, approached this Court in W.P.No.9004/2022

in PRAGYA (Supra), wherein the learned Single Judge of

 - 23 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

this Court vide order dated 28.04.2021 held that

subsequent judgment dated 17.12.2021 in

W.P.No.9619/2021 is per incurium as previous judgment

dated 07.10.2021 passed in W.P.No.13626/2021 is not

referred and further reiterated the directions issued in

W.P.No.13626/2021. In the said writ petition, this Court

directed the University to conduct third valuation, wherein

the difference in award of marks between two valuation

was 15% and more, in terms of Ordinance dated

15.06.2012 to RS4 batch. Admittedly, the respondents are

the students of RS4 batch. Pursuant to the judgment in

PRAGY (supra), the University conducted the revaluation

process for failed students of February, 2022 examination

in terms of the judgment passed in W.P.No.9004/2022.

10. The meeting of academic council was held on

20.04.2022, wherein the academic council recommended

for evaluation process for all the examinations

commencing from 01.05.2022. However, the said

recommendation dated 20.04.2022 was neither approved

 - 24 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

nor notified under any Ordinance by the Syndicate at any

point of time. It is necessary to consider Section 35 of the

RGUHS Act, which is extracted hereunder:

“35. Ordinances: (1) The Syndicate may, from time

to time, make Ordinances and amend or repeal the same.

(3) In making an Ordinance the Syndicate shall

consult,-

(a) the Boards of Studies in matters relating to the

appointment and duties of examiners; and

(b) the Academic Council in matter relating to conduct

or standard of examination or conditions of residence of
students.

(4) Every Ordinance made by the Syndicate shall have

effect from such date as
the Syndicate may specify, and every Ordinance so made
shall be submitted to the
Chancellor and the senate for information.”

11. Section 35(4) of the RGUHS Act provides that

every Ordinance made by the Syndicate shall have effect

from such date as the Syndicate may specify, and every

Ordinance so made shall be submitted to the chancellor

and the senate for information.

12. In the present case, the Ordinance dated

05.09.2022, specifically indicates that the said Ordinance

 - 25 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

will come into force w.e.f. 01.09.2022. The said ordinance

cannot be given retrospective effect.

13. The appellant – University conducted

supplementary examinations in the month of May, 2022.

The respondent-Students have appeared in the said

supplementary examinations held in the month of May,

2022. The University conducted the valuation of the

answer scripts of all the students in terms of the

directions issued in W.P.No.13626/2021 and announced

the results on 08.06.2022. The respondent – Students

have failed in the said examination. Thereafter, they

approached this Court in the writ petition seeking

directions to the appellant – University to recompute the

results of the failed subjects of MBBS (RS4) batch

examination of May, 2022 by considering the highest

marks awarded by the examiners cum amongst the

valuation marks awarded, for the purpose of computation

of the results, in terms of the decision of the academic

council of the university taken on 20.04.2022, in the

 - 26 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

absence of Ordinance applicable to the petitioners-

students (RS4) and to announce the results afresh without

delay. It is clear from the record that the academic council

decision/ recommendation dated 20.04.2022 was not

notified by way of Ordinance as mandated under Section

35 of the RGUHS Act. When the said Ordinance dated

20.04.2022 cannot be enforced for the examination of

May, 2022 with retrospective effect. The meeting of the

Committee of academic council was held on 25.08.2022,

26.08.2022 and 29.08.2022, wherein the Committee of

academic council deliberated the issue raised in the

previous academic council meeting dated 20.04.2022 and

recommended the procedure for valuation of the

examinations being conducted on or after 01.09.2022 for

Medical along with other Courses. As observed above, the

Ordinance dated 05.09.2022 notified under Section 35

RGUHS Act cannot be implemented with retrospective

effect for the examinations held in the month of May, 2022

as the Ordinance dated 05.09.2022 came into effect from

01.09.2022. As the Ordinance dated 01.02.2021 was set

 - 27 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

aside by this Court because it had not complied with the

rigor of Section 35 of the RGUHS Act. Hence, the question

of implementing the decision of academic council without

approval of Syndicate under Section 35(3) of the RGUHS

Act would not arise.

14. The learned counsel for the appellant has

pointed out that few students of RS3 batch approached

this Court for implementation of decision of the Committee

of academic council dated 20.04.2022 in

W.P.No.13312/2022 for the examination held in the month

of February, 2022. The learned Single Judge dismissed the

said writ petition vide order dated 27.07.2022 and further

observed that in the absence of Ordinance being issued by

the appellant – University, the petitioner – Students

cannot claim a mandamus to implement a mere resolution

which recommends for a particular course of action.

15. Learned counsel for the appellant further

brought to our notice that the similar students of RS4

 - 28 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

batch who failed in the examination conducted in the

month of May, 2022 filed a writ petition in

W.P.No.14605/2022. The learned Single Judge vide order

dated 06.09.2022, quashed the Ordinance of academic

council dated 01.02.2021 and observed that the appellant

– University by applying the provisions of Ordinance of

2012, shall conduct revaluation in terms of Ordinance

dated 15.06.2012 for the May, 2021 examination and the

new Ordinance is prospectively applicable from 01.09.2022

and the same cannot be retrospective for RS4 students out

of their examination in May, 2022. The learned Single

Judge in the aforesaid order at paragraph No.14, which is

extracted hereunder:

“14. The material on record discloses that there is some

dispute between the parties in relation to, whether a third
valuation in terms of 2012 Ordinance has been conducted by
RGUHS. Be that as it may, for the purpose of disposal of the
present petitions, suffice it to state that the same deserve to
be disposed of directing the respondent – RGUHS to conduct
third valuation in respect of the petitioners, if not already
conducted as on today as expeditiously as possible in terms of
the Ordinance dated 15.06.2012 issued by the RGUHS;
needless to state that the new Ordinance dated 01.09.2022
which came into force during the pendency of the present
petitions would not be applicable, since the same is not
retrospective in operation and would not apply to the
 - 29 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

petitioners and other students who took their examinations in

May, 2022.”

The learned Single Judge failed to take note of the

directions issued by this Court in W.P.No.14605/2022. The

learned Single Judge in the impugned order has observed

that pursuant to the decision of the academic council

meeting dated 20.04.2022, the said recommendation was

placed before 170th Syndicate meeting held on 07.06.2022

and the Syndicate had only resolved to consider the

decision at the earliest. The learned Single Judge has

erred in concluding that a decision was taken by the

Syndicate on the said recommendation dated 20.04.2022,

whereas in reality there was no decision taken by the

Syndicate in 170th meeting. The learned Single Judge as

observed that the Syndicate meeting in its 170th meeting

has only resolved to consider the same at the earliest and

there was no decision taken, has passed the impugned

order. The university in the absence of the Ordinance of

the Syndicate and directions issued by this Court in the

case of W.P.No.13626/2021 dated 06.10.2021, applied the

 - 30 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

provisions of Ordinance, 2012. The impugned order is

contrary to the order passed in W.P.No.13312/2022

disposed of on 27.07.2022 and order passed in

W.P.No.13626/2021, the learned Single Judge has

committed an error in passing the impugned order without

considering the earlier orders passed by the learned Single

Judge. Hence, in view of the above discussion, we are of

the opinion that the learned Single Judge has committed

an error in passing the impugned order. Hence, we are

inclined to interfere with the impugned order.

16. Accordingly, we proceed to pass the following:

ORDER

i. The writ appeals are allowed.

ii. The impugned order dated 09.11.2021 passed

in W.P.No.16352/2022 c/w W.P.
Nos.16606/2022 and 20531/2022 are set
aside.

iii. Consequently, the writ petitions filed by the

petitioners are dismissed.
 - 31 -
WA No. 1208 of 2022 &
WA No.1214 of 2022,
WA No.1215 OF 2022

In view of disposal of the writ appeals,

pending IAs., if any, do not survive for
consideration and are accordingly disposed of.

Sd/-
CHIEF JUSTICE

Sd/-
JUDGE

SSB