- 1 - HC-KAR NC: 2025:KHC-D:13000 WP No. 107059 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107059 OF 2025 (EDN-RES) BETWEEN: SHIVAKUMAR @ SHIVUKUMAR S/O. SHANTAMALLAPPA AMBALGI, AGE: 32 YEARS, OCC. STUDENT, R/O. NEAR CHOUDESHWAR TEMPLE, SHARAN NAGAR, ALAND, KALBURGI-585302, NOW AT ROOM NO. 507, DOCTOR QUARTERS, A2 APARTMENT, CIVIL HOSPITAL, BIMS HOSTEL, DR. B.R. AMBEDKAR ROAD, BELAGAVI-590001. …PETITIONER (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. NATIONAL MEDICAL COMMISSION POCKET 14, SECTOR 8, DWARKA, NEW DELHI-110007, REPRESENTED BY ITS SECRETARY. 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE, KARNATAKA, 4TH T BLOCK, JAYANAGAR, BENGALURU-560041, BY ITS REGISTRAR. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13000 WP No. 107059 of 2025 3. BELAGAVI INSTITUTE OF MEDICAL SCIENCES BELAGAVI NEAR CHENNAMMA CIRCLE, BELAGAVI-590001, BY ITS PRINCIPAL. …RESPONDENTS (BY SRIYUTHS. AVINASH ANGADI, ADVOCATE FOR R1; AVINASH BANAKAR, ADVOCATE FOR R2; UDAY SINGH H. RAJAPUTH, ADVOCATE FOR R3) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT OF MANDAMUS OR DIRECTION DIRECTING THE RESPONDENT NO 2 SHOW DETAILS OF UNIVERSITY REGISTRATION NUMBER IN RGUHS ONLINE EXAMINATION PORTAL AS PER LETTER DATED 04/09/2025 ADDRESSED BY THE RESPONDENT NO 2 TO RESPONDENT NO 3 VIDE ANNEXURE - G.II. ISSUE A WRIT OF MANDAMUS OR DIRECTION DIRECTING, THE RESPONDENT NO 2, TO ALLOW/PERMIT THE PETITIONER TO FILL THE EXAM FORM, TO PAY NECESSARY/REQUISITE FEES TO BE HELD ON FROM 24/09/2025, 26/09/2025, 29/09/2025 AND 03/10/2025 AS PER TIME TABLE FOR PG MEDICAL DEGREE/DIPLOMA THEORY EXAMINATION OF SEPTEMBER-2025 (M S ENT) VIDE ANNEXURE -G1.III. ISSUE A WRIT OF MANDAMUS OR DIRECTION DIRECTING, THE RESPONDENTS PERMIT/ALLOW THE PETITIONER TO ATTEND/WRITE EXAM TO BE HELD ON FROM 24/09/2025, 26/09/2025, 29/09/2025 AND 03/10/2025 AS PER TIME TABLE FOR PG MEDICAL DEGREE/DIPLOMA THEORY EXAMINATION OF SEPTEMBER-2025 (MS ENT) ANNEXURE -G1. IV. CONSEQUENTLY, ISSUE A WRIT OF MANDAMUS OR DIRECTION DIRECTING DECLARE THE RESULTS TO BE HELD ON FROM 24/09/2025, 26/09/2025, 29/09/2025 AND 03/10/2025 AS PER TIMETABLE FOR PG MEDICAL DEGREE/DIPLOMA THEORY EXAMINATION OF SEPTEMBER-2025 (M S ENT). THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THERIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13000 WP No. 107059 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of mandamus or direction directing the respondent No.2 show details of University Registration Number in RGUHS online Examination Portal as per letter dated 04/09/2025 addressed by the respondent No 2 to respondent No 3 Vide Annexure -G. ii. Issue a writ of mandamus or direction directing, the respondent No.2, to allow/permit the petitioner to fill the exam Form, to pay necessary/requisite fees to be held on from 24/09/2025, 26/09/2025, 29/09/2025 and 03/10/2025 as per time table for PG Medical Degree/Diploma Theory Examination of September-2025 (M S ENT) vide Annexure -G1. iii. Issue a writ of mandamus or direction directing, the respondents permit/allow the petitioner to attend/write exam to be held on from 24/09/2025, 26/09/2025, 29/09/2025 and 03/10/2025 as per time table for PG Medical Degree/Diploma Theory Examination of September-2025 (MS ENT) Annexure -G1. iv. Consequently, issue a writ of mandamus or direction directing declare the results to be held on from 24/09/2025, 26/09/2025, 29/09/2025 and 03/10/2025 as per timetable for PG Medical Degree/Diploma Theory Examination of September- 2025 (M S ENT). v. Issue any appropriate order/writ in the ends of justice and equity. - 4 - HC-KAR NC: 2025:KHC-D:13000 WP No. 107059 of 2025 2. The term of the petitioner was extended on account of the belated submission of synopsis and thesis in regard to the PG course in M.S ENT taken up by the petitioner. The petitioner is before this Court contending that the synopsis which had been submitted by the petitioner had been accepted by respondent No.3 College and as such, the term of the petitioner cannot be extended. 3. Notice having been issued to Sri.Avinash Banakar, learned counsel for respondent No.2, Sri.Avinash Banakar, on instructions, by referring to the Ordinance Governing the General Regulations of all the Medical Post Graduate (Broad Specialities) Degree and Diploma Course, submits that; 3.1. In terms of Clause 9.5.3, a synopsis containing particulars of proposed dissertation work is required to be submitted within six months from - 5 - HC-KAR NC: 2025:KHC-D:13000 WP No. 107059 of 2025 the date of commencement of the course on or before the dates notified by the University. 3.2. Such a synopsis is required to be sent through the proper channel, and in terms of Regulation 8.7.1, if the student has not submitted his synopsis to the University within the stipulated dates, then the duration of the course will be extended as per the University notification dated 14.08.2018. 3.3. In that background, he submits that the synopsis which was required to be submitted by 01.05.2023 had not been submitted within that date and therefore, the term of the petitioner has been extended by a period of two years. 3.4. The petitioner cannot be permitted to take up the examination in the month of September 2025, but can take up the examination to be held in April–May 2026. - 6 - HC-KAR NC: 2025:KHC-D:13000 WP No. 107059 of 2025 4. Heard Sri. Vitthal Teli, learned counsel for the petitioner, Sri.Avinash Angadi, learned counsel for respondent No.1 and Sri. Avinash Banakar, learned counsel for respondent No.2 - University. 5. Regulation 9.5 is reproduced hereunder for easy reference: 9.5 Dissertation: 9.5.1 Every candidate pursuing MD/MS degree course is required to carry out work on a selected research project under the guidance of a recognized post graduate teacher. The results of such a work shall be submitted in the form of a dissertation. 9.5.2 The dissertation is aimed to train a post graduate student in research methods and techniques. It includes identification of a problem, formulation of a hypothesis, search and review of literature, getting acquainted with recent advances, designing of a research study, collection of data, critical analysis, comparison of results and drawing conclusions. 9.5.3 Every candidate shall submit to the Registrar (Academic) of the University in the prescribed proforma, a synopsis containing particulars of proposed dissertation work within six months from the date of commencement of the course on or before the dates notified by the University. The synopsis shall be sent through the proper channel. - 7 - HC-KAR NC: 2025:KHC-D:13000 WP No. 107059 of 2025 9.5.4 Such synopsis will be reviewed and the dissertation topic will be registered by the University. No change in the dissertation topic or guide shall be made without prior approval of the University. 9.5.5 The dissertation should be written under the following headings: 1. Introduction 2. Aims or Objectives of study 3. Review of Literature 4. Material and Methods 5. Results 6. Discussion 7. Conclusion 8. Summary 9. References 10. Master data table 11. Annexures 6. A perusal of Regulation 9.5.3 indicates that the synopsis is required to be submitted within six months from the date of commencement of the course, i.e., by 01.05.2023. Admittedly, the same has not been submitted within that time and as such, the college has forwarded it to the University only on 04.09.2025. The synopsis having been submitted on 15.04.2024, is clear from the certificate issued by respondent No.3 - 8 - HC-KAR NC: 2025:KHC-D:13000 WP No. 107059 of 2025 College on 03.12.2024 at Annexure-E. Therefore, it is clear that the synopsis was not submitted within the time prescribed, i.e., by 01.05.2023, thereby attracting the application of Regulation 8.7 which is reproduced hereunder for easy reference: 8.7 Term Fixation: - If candidate avails leave in excess of the permitted number of days, then his/her term of course shall be extended by the same number of days to complete the training period. 8.7.1 If the student has not submitted his/her synopsis to the university, within the stipulated dates (as per the Calendar of events) then also the duration of the course will be extended as per the University Notification Vide Ref No. ACA/DCD2/Notification/Sy/PG/2017-18 Dated: 14.08.2018. 8.7.2 The number of days of maternity leaves availed will be extended as per the clause 8.7.1.1. But during maternity leaves as per the State Govt rules, the stipend shall be given for the permissible days. 7. In terms of Regulation 8.7.1, the term would stand extended if the synopsis is not submitted in time. 8. It is not that the petitioner is without any remedy, inasmuch as what has happened is only the - 9 - HC-KAR NC: 2025:KHC-D:13000 WP No. 107059 of 2025 postponement of the examination. The entitlement of the petitioner to take up the examination has not been taken away by the University. The petitioner being entitled to take up the examination in April–May 2026, no grievance can be made out by the petitioner. 9. Placing the submissions of Sri Avinash Bankar, learned counsel for respondent No.2, on record, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 20