1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH, GULBARGA DATED THIS THE 01ST DAY OF OCTOBER 2012 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR R.P.No.2543/2012 IN W.P.NO.82423/2012(EDN-RES) BETWEEN: MAYANK KUMAR GUPTA S/O MURARILAL GUPTA AGE: 21 YEARS OCC: STUDENT OF BAMS SECOND PHASE STUDYING AT DR. BASWARAJ NAGPUR MEDICAL COLLEGE, BIJAPUR R/O COLLEGE HOSTEL, BIJAPUR …PETITIONER (BY SRI CHAITANYA KUMAR C.M., ADVOCATE) AND: 1 UNION OF INDIA REP. BY ITS SECRETARY TO THE GOVERNMENT MINISTRY OF HEALTH AND FAMILY WELFARE, DEPARTMENT OF AYURVEDIC, YOGA AND NATUROPATHY UNANI, SIDDHA AND HOMEOPATHY (AYUSH), IRCS BUILDING NEW DELHI – 110 001 2 2 STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT MEDICAL EDUCATION DEPARTMENT OF HEALTH AND FAMILY WELFARE EDUCATION M.S.BUILDING BANGALORE-560 001 3 RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES REP. BY ITS REGISTRAR 4TH ‘T’ BLOCK, JAYANAGAR BANGALORE - 560 041 4 DR. BASAWARAJ NAGUR MEMORIAL RURAL AYURVEDIC MEDICAL COLLEGE AND HOSPITAL SMT.SUSHILA DEVI NAGAR COLONY BIJAPUR REP. BY ITS PRINCIPAL RAMESH S/O NINGAPPA GENNUR AGE: ABOUT 51 YEARS R/O BIJAPUR …RESPONDENTS (BY SRI R.S.SIDHAPURKAR, ADVOCATE FOR R1; SRI MALLIKARJUNA SAHUKAR, HCGP FOR R2; SRI VEERESH B. PATIL, ADVOCATE FOR R3; SRI RAJENDRA C. DESAI, ADVOCATE FOR R4.) THIS REVIEW PETITION FILED UNDER ORDER 41 RULE 1 R/W 114 CPC PRAYING TO REVIEW THE ORDER DATED 20.07.2012 PASSED BY THIS COURT IN WRIT PETITION NO.82423/2012 (EDN-RES) TO THE EXTENT OF NON ORDERING THE RESPONDENT NO.3 TO ANNOUNCE THE RESULT AND DIRECT THE RESPONDENT NO.3 TO ANNOUNCE THE RESULT OF PETITIONER OF BAMS I PHASE EXAMINATION WHICH HE APPEARED IN DECEMBER, 2011 – JANUARY, 2012. 3 THIS REVIEW PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Petitioner is seeking review of the order dated 20.07.2012 passed in W.P.No.82423/2012 to the extent of not announcing the result of the petitioner on the ground that in W.P.Nos.82089-93/2012 and connected matters disposed on 15.06.2012 under identical circumstances this Court had directed to announce the result of the petitioners forthwith pertaining to First Phase Examination of BAMS Course held in December, 2011 and January 2012 and same had been prayed by the review petitioner in the writ petition. 2. Having heard the learned Advocates appearing for parties, it is noticed that petitioner was studying in 4th respondent-college and on account of 4th respondent – college being not recognized by respondent Nos.1 and 3 he filed a writ petition before this Court seeking 4 transfer to any other college in W.P.No.82423/2012. This Court by order dated 20.07.2012 relying upon the order passed in W.P.Nos.82089-93/2012 and connected matters which had been disposed of by common order dated 15.06.2012 allowed W.P.No.82423/2012 on 20.07.2012 in following terms: i. 3rd respondent-University is hereby directed to transfer the petitioner from 4th respondent-Dr.Bsawaraj Nagur Memorial Rural Ayurvedic Medical College and Hospital, Bijapur to any other college/colleges in the State of Karnataka offering BAMS course to enable the petitioner to prosecute his further studies. ii. 4th respondent-College is hereby directed to issue no objection certificate within one week and return the testimonials collected from the petitioner at the time of their admission to 1st phase BAMS Course. 5 3. Learned Advocates do not dispute that in W.P.Nos.82089-93/2012 disposed of on 15.06.2012 a direction had also been issued to 3rd respondent – University to announce the result of the petitioners forthwith in respect of examination held in December, 2011 and January, 2012. Order passed in those writ petitions insofar as announcement of the result reads as under: “3rd respondent – University is directed to announce forthwith, result of the petitioners, pertaining to I Phase examination of BAMS Course, held in December 2011 and January 2012.” 4. Learned Advocates appearing for parties do not dispute that similar prayer had also been made by the review petitioner in writ petition. In that view of the matter, review petition deserves to be allowed by reviewing the order passed in W.P.No.82423/2012 to 6 the extent of not issuing the similar direction to the 3rd respondent. Hence, following order: ORDER i. Review petition is hereby allowed. ii. Order passed in W.P.No.82423/2012 dated 20.07.2012 is reviewed by directing 3rd respondent – University to announce the result of the petitioner forthwith pertaining to First Phase Examination of BAMS course held in December, 2011 and January, 2012 and in all other respects order dated 20.07.2012 remain unchanged. Ordered accordingly. Sd/- JUDGE NB*