- 1 - NC: 2025:KHC:3978 WP No. 25737 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 25737 OF 2024 (EDN-RES) BETWEEN: DR. PRATHEEK N. SWAMY S/O DR. S.G.N. NARAYANASWAMY AGED ABOUT 32 YEARS R/O NO.324, SRI RAYA KRUPA 1ST MAIN, 1ST CROSS P.C.EXTENSION OPP. AGRO OFFICE KOLAR TOWN AND DISTRICT-563101 …PETITIONER (BY SRI. C. GOPALAKRISHANAMURTHY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, AROGYA SOUDHA MAGADI ROAD REP. BY SECRETARY BENGALURU-560 023 2. THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERISTY OF HEALTH AND SCIENCE 4TH BLOCK, JAYANAGAR BENGALURU-560 041 3. THE PRINCIPAL VYDEHI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE NO.82, EPIP AREA, WHITEFIELD BENGALURU-560 066 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3978 WP No. 25737 of 2024 4. THE HEAD OF THE DEPARTMENT DEPARTMENT OF GENERAL MEDICINE VYDEHI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE NO.82, EPIP AREA, WHITEFIELD BENGALURU-560 066 …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1; SMT. FARAH FATHIMA, ADVOCATE FOR R2; SRI. SAMARTH SHREEDHAR, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO PERMIT THE PETITIONER TO PURSUE POST-GRADUATION IN M.D.GENERAL MEDICINE COURSE FOR THE ACADEMIC YEAR 2024-25 AS PER VIDE ANNX-L DTD. 09.07.2024 IN NO. YSHI AND KOUSHA/AAKAA/222/24 AND QUASH THE IMPUGNED LETTER COMMUNICATION TAKEN BY THE R-3 THROUGH HIS LETTER DTD. 16.07.2024 IN NO. VIM AND RC/PG/30/2024-25 SUBMITTED TO THE R-2 AS PER VIDE ANNX-M. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner is seeking for a writ of mandamus directing respondent No.3 to permit the petitioner to pursue the Post Graduation in M.D General Medicine Course for the academic year 2024-2025 vide Annexure-L dated 09.07.2024 and further seeking to quash the - 3 - NC: 2025:KHC:3978 WP No. 25737 of 2024 impugned letter communication taken by the 3rd respondent dated 16.07.2024. 2. The respondent No.3-Institution vide Annexure- M with reference to the petitioner who is First year Post Graduate student (in- service), M.D General Medicine batch for his unauthorized absence from 11.10.2023 to 15.07.2024 for a period of 279 days held that the study period is extended for one year, thus he will be eligible to take up the university examination during October 2027 instead of October 2026 provided he qualifies 80% attendance criteria as per the National Medical Commission Regulation. 3. Learned counsel for the petitioner submits that the petitioner intends to continue the course from 31.01.2025 and eligibility to write exams will arise only in October, 2027. 4. Learned counsel appearing for respondent No.2 submits that the petitioner has to complete three years - 4 - NC: 2025:KHC:3978 WP No. 25737 of 2024 study period and on completion, as and when he is eligible, he can write the examination for the Post Graduate M.D General Medicine. 5. Recording that the petitioner intends to continue his First year from 31.01.2025 his eligibility to take up University examination be considered by respondent Nos.2 to 4 accordingly. Respondent No.3 to consider the petitioner’s entitlement of benefits for the period in which he was in-service, in accordance with law. With the said observation, the writ petition stands disposed of. Sd/- JUSTICE K.S. HEMALEKHA NS List No.: 1 Sl No.: 33