R SRIKANTH REDDY Vs. REGISTRAR EVALUATION

JUDGEMENT

(1.) THE petitioner, assailing the legality and validity of the impugned order dated 7th June 2001 on the file of the first respondent in case No. KU/exam/prof. N. 1/ L and M/130 vide Annexure g, has presented the instant Writ Petition.

(2.) THE brief facts of the case are that the petitioner is an MBBS student studying in the second respondent - College. After the petitioner appeared for the Examination, the first respondent university, has declared his result as 'passed' and issued the marks card on 24th August 2000 vide Annexure A. Thereafter, the provisional registration certificate was issued by the Karnataka medical Council by its register dated 24th October 2000 and the second respondent College has also issued the Certificate for successful completion of Bachelor of Medicine, Bachelor of surgery (MBBS) on 26th May 2001. After completion of the MBBS course, the petitioner joined the house-man ship in the second respondent - College. When he was prosecuting his housemanship, the petitioner filed an application for retotaling and revaluation of OBG and surgery subjects. When the request of the petitioner was under consideration, the first respondent found that there is some insertion in the answer scripts pertaining to the petitioner. Accordingly, proceedings were initiated by the University regarding mal practice, alleged to have been committed by the petitioner. Accordingly, enquiry was conducted and an order was passed by the first respondent on 7th June 2001 vide Annexure G, wherein the petitioner has been imposed punishment by cancelling the petitioner's performance in the present (then) Examination, and debarring him from appearing for five consecutive Examinations to be held in December 2000, may 2001, December 2001, May 2002 and December 2002. Further, it was made clear that the petitioner was entitled to appear for the May 2003 Examination. Feeling aggrieved by the impugned order passed by the first respondent, the petitioner has presented this Writ Petition.

(3.) THE Writ Petition filed by the petitioner had come up for preliminary hearing before this Court on 26th June 2001 and the Counsel for the first respondent was directed to take notice for respondent No. 1 and emergent notice was ordered to Respondent No. 2 and an interim direction was issued to the respondents to permit the petitioner to continue his house-man ship, subject to further orders from the Court. In pursuance of the interim order granted by this Court, on 26th june 2001, the petitioner continued his house-man ship and completed the same. It is the further case of the petitioner that, during the pendency of the Writ Petition, the first respondent has reconsidered/reviewed the punishment imposed on the petitioner and modified the punishment imposed earlier, by its order dated 30th January 2002 stating that, the petitioner is eligible to take up the Examination to be held in the month of May 2002 and the same was communicated to the second respondent - College to that effect. In view of the modified order passed by the first respondent - University, dated 30th January 2002, referred above, this Court, after hearing both sides, permitted the petitioner to appear for the Examination subject to the result of the Writ petition. In pursuance of the interim order granted by this Court, the petitioner appeared for the examination and the result was not announced. Thereafter, the main matter had come up for orders on 16th July 2003 and this Court, after hearing and taking into consideration, the stand taken by the petitioner in the application, directed the respondent - University to declare the result of the Examinations appeared for by the petitioner and the same would be subject to the result of the Writ Petition. In pursuance of the direction issued by this Court, the result of the petitioner was declared as 'passed' in the said subject.