Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-K:3497 WP No. 201741 of 2025
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.201741 OF 2025 (EDN-EX) BETWEEN:
SRI. MOHAMMED DANISH FARAZ S/O LATE MOHD SALEEM, AGED ABOUT 24 YEARS, RESIDING AT H.NO HG-61 3RD CROSS, MSK MILL ROAD, IQBAL COLONY, HUSSAIN GARDEN GULBARGA HIRAPUR, KALABURAGI-585103.
…PETITIONER
(BY MISS PRAKRITI M. BORALKAR, ADVOCATE)
AND:
1.
THE VICE CHANCELLOR, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA 4TH BLOCK, JAYA NAGAR, BENGALURU–560041.
2.
THE REGISTRAR ACADEMIC, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA, 4TH BLOCK, JAYA NAGAR, BENGALURU-560011.
3.
THE REGISTRAR EVALUATION, RAJIV GANDHI UNIVERSITY OF
Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-K:3497 WP No. 201741 of 2025
HEALTH SCIENCES, KARNATAKA, 4TH BLOCK, JAYA NAGAR, BENGALURU-560011.
…RESPONDENTS (BY SRI. R. J. BHUSARE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE ORDER/ DIRECTION/ WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO RE-EVALUATE THE ANSWER SCRIPT OF THE PETITIONER IN RESPECT OF GENERAL MEDICINE - II PAPER CODE NO.1038 VIDE ANNEXURE-B AND ALSO TO CONSIDER THE REPRESENTATION DATE 21.06.2025 VIDE ANNEXURE-D.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN)
The Petitioner is a final year MBBS student and has failed in General Medicine-II paper. His paper has been revalued in accordance with the regulation of respondent- University. On the ground that he is a final year student and failed in only one subject, he has sought for revaluation in the said paper once again. Hence, he filed the writ petition with the following prayers:
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HC-KAR NC: 2025:KHC-K:3497 WP No. 201741 of 2025
a) “Issue an appropriate order / direction / writ in the nature of mandamus directing the respondent No.3 to re-evaluate the answer script of the petitioner in respect of General Medicine-II paper Code No.1038 vide Annexure-B and also to consider the representation date 21.06.2025 vide Annexure- D. b) Grant costs. c) Such other relief/s as this Hon’ble Court may deem fit to grant in the circumstances of the case and in the interest of justice and equity.”
2.
Learned counsel for respondent-University submits that revaluation is not a matter of right unless specifically granted by the University. He has also drawn the attention of the Court to the regulations of the University which stipulate that answer sheets of the students shall be corrected twice and the highest marks from both the evaluations will be considered.
3. In umpteen number of judgments, this Court as well as the Apex Court has held that a student will not
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HC-KAR NC: 2025:KHC-K:3497 WP No. 201741 of 2025
have a right to have his answer sheets revalued unless the right is specifically conferred by any law. Matters relating to re-evaluation are best left to the wisdom of the academicians who are in charge of running the University and this Court should not substitute the same from its wisdom. As no right is conferred on the student to seek another re-evaluation as sought in the present case, the writ petition is hereby dismissed.
Sd/- (M.I.ARUN) JUDGE
VNR List No.: 1 Sl No.: 38 CT;SI