Dr Anindita Roy v. The Registrar (Evaluation)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 918 OF 2024 (EDN-RES) BETWEEN:

DR. ANINDITA ROY D/O SRI. GOPINATH ROY, AGED ABOUT 41 YEARS, FLAT NO.504, GANGA APTS., M.P. ROAD, KHALPARA, SILLIGURI POST, DARJEELING DISTRICT, WEST BENGAL - 734 405. …PETITIONER (BY SRI. PRASHANTH H.S., ADVOCATE) AND:

THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES-KARNATAKA, 4TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041. …RESPONDENT (BY SRI. SACHIN B.S., ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER TO NOTICE DATED 20/11/2023, BEARING NO.RGU/REG(E)/CONVO/MPC/ 11/2023-24, PASSED BY THE RESPONDENT VIDE ANNEXURE-A AND ETC.

Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER Heard the learned counsel appearing for the parties.

¶2This Writ Petition is filed by the petitioner assailing the Notice dated 20.11.2023 (Annexure-A) passed by the respondent-University.

¶3Sri. Prashanth H.S., learned counsel appearing for the petitioner contended that, the petitioner herein has already approached this Court in W.P.No.45600/2015 (Annexure-B) and W.P.No.15564/2020 connected with W.P.No.15357/2020 (Annexure-D), wherein respondent-University was directed to, consider the case of the petitioner by passing a speaking order after affording an opportunity of hearing. Therefore, the learned counsel appearing for the petitioner submitted that, as the petitioner herein has filed reply dated 08.02.2023

(Annexure-F) to the Show Cause Notice dated 19.01.2023 and 20.11.2023 (Annexures-E and A) and therefore, sought for interference of this Court.

¶4Per contra, Sri. Sachin B.S., learned counsel appearing for the respondent-University sought to justify the impugned notice.

¶5In the light of the submissions made by the learned counsel appearing for the parties, this Court in W.P.No.15564/2020 connected with W.P.No.15357/2020 disposed of on 23.11.2022 (Annexure-D) at paragraph No.6, held as under: "6. In view of the arguments advanced by learned counsel appearing for the parties, careful examination of impugned orders would reveal that respondent-University has mentioned about the writ petitions filed by the parties and it is further stated that the respondent-University is implementing the order passed by this Court. Careful examination of the orders passed by this Court in Writ Petition

Nos.44548 of 2015 and 45600 of 2015, would indicate that, this Court has disposed of the petitions with a direction to the respondent-University to issue Show-cause notice to petitioners before taking any decision in the matter. However, on careful examination of the impugned orders, reasons for withdrawing the results, as well as not issuing the marks cards, is not forthcoming in notifications. Therefore, learned counsel appearing for petitioners are justified in saying that the impugned orders are not speaking orders. It is well settled principle of law that the reasons are heartbeat of order and without disclosing the reasons, respondent-University has passed an order based on the 154th Syndicate meeting. In that view of the matter, impugned orders dated 09th December, 2020 and 14th December, 2020 passed by the respondent-University against the petitioners herein are set-aside and matter is remanded to the respondent-University to consider afresh and take appropriate decision in the matter by passing a speaking order after affording an

opportunity to petitioners in matter. Accordingly, writ petitions are disposed of."

¶6Taking into consideration the observation made by this Court, I have carefully examined the Show Cause Notice dated 19.01.2023 (Annexure-E) and Notice dated

20.11.2023 (Annexure-A) which is impugned in this petition.

¶7In that view of the matter, as the petitioner herein has filed the reply dated 08.02.2023 (Annexure-F) to the respondent-University, in compliance of the Show Cause Notice produced at Annexures-E and A, I am of the opinion that, the respondent-University shall consider the reply dated 08.02.2023 (Annexure-F) within a period of two (2) months from the date of receipt of this order.

¶8With these observations, the Writ Petition is disposed of.

¶9It is made clear that, the Court has not expressed any opinion on the merits of the case. It is also

made clear that, the respondent-University shall consider the reply referred to above and the result of the same be made known to the petitioner before calling upon the petitioner for personal hearing, as stated in the impugned notices.

Sd/- (E.S.INDIRESH) JUDGE

KLV List No.: 2 Sl No.: 29