- 1 - NC: 2025:KHC:10439 WP No. 2936 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2936 OF 2025 (EDN-RES) BETWEEN: DEVANSH TANWAR S/O CHUNNI LAL TANWAR AGED 22 YEARS C/O NAVODAYA MEDICAL COLLEGE MANTRALAYAM ROAD NAVODAYA NAGAR RAICHUR - 584 103. …PETITIONER (BY SRI. B. RAMESH, ADV.,) AND: 1. RAJIV GANDI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK, JAYANAGAR BENGALURU - 560041 REP BY ITS VICE CHANCELLOR. 2. THE REGISTRAR RAJIV GANDI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK, JAYANAGAR BENGALURU – 560041 …RESPONDENTS (BY SMT. FARAH FATHIMA, ADV., FOR R1 & R2) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10439 WP No. 2936 of 2025 IMPUGNED ORDINANCE / NOTIFICATION GOVERNING CENTRAL ASSESSMENT PROGRAMME (CAP) FOR THEORY PAPER ASSESSMENT OF ALL UNDER GRADUATE HEALTH SCIENCE COURSES OF UNIVERSITY DATED 05/09/2022 WITH NO. RGU/ AUTH/24TH CON/SYND/04/2022-23 PASSED BY THE RESPONDENT NO.2 UNIVERSITY VIDE ANNEXURE-E SOLELY ON THE GROUND OF NON-APPLICATION OF MIND REGARDING THE CONDUCT OF DEVIATION VALUATION IN TERMS OF THE DIRECTION ISSUED BY THIS HONBLE COURT AS PER ORDER DATED 07.10.2021 PASSED IN W.P. NO.13626/2021 AND CONNECTED CASES VIDE ANNEXURE-B & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this writ petition, petitioner seeks for following reliefs: “a. Issue a writ or order or direction in the nature of certiorari or any other appropriate writ, quashing the impugned Ordinance/Notification Governing Central Assessment Programme (CAP) for Theory Paper Assessment of All Under Graduate Health Science Courses of University dated 05.09.2022 - 3 - NC: 2025:KHC:10439 WP No. 2936 of 2025 with No.RGU/AUTH/24TH Con/Synd/04/2022-23 passed by the respondent No.2 University vide Annexure-E solely on the ground of non- application of mind regarding the conduct of deviation valuation in terms of the direction issued by this Hon’ble Court as per order dated 07.10.2021 passed in W.P.No.13626/2021 and connected cases vide Annexure-B. b. Issue a writ or order or direction in the nature of mandamus directing the respondent University to conduct fresh valuation of the failed subjects of the MBBS (RS4) Examinations of August 2024 and December 2024 undertaken by the petitioner by subjecting the answer scripts to two valuations and to conduct 3rd valuation on there being a deviation of 10% to 15% marks between the examiners; and thereafter to announce the results afresh by considering the highest marks for the computation of the results; c. Issue a writ or order or direction in the nature of mandamus or any other appropriate writ or order or direction, directing the 1st respondent university to award - 4 - NC: 2025:KHC:10439 WP No. 2936 of 2025 maximum of 5 grace marks in the MBBS (RS4) Examinations of August 2024 and December 2024 undertaken by the petitioner in the MBBS (RS4) Examinations of December 2024; d. Pass such other order(s), grant such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for respondents. Perused the material on record. 3. A perusal of the material on record will indicate that the issue in controversy involved in the present petition is directly and squarely covered by the order passed by this Court in W.P.No.8912/2024 and Connected Matters dated 19.09.2024. Accordingly, nothing survives in the present petition and the same is accordingly disposed of in terms of W.P.No.8912/2024 and Connected Matters dated 19.09.2024. - 5 - NC: 2025:KHC:10439 WP No. 2936 of 2025 4. Liberty is reserved in favour of the petitioner to take recourse of such other remedies as available in law. 5. Subject to the aforesaid direction, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE NC List No.: 1 Sl No.: 11