- 1 - HC-KAR NC: 2025:KHC-D:12914-DB WA No. 100611 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO. 100611 OF 2025 (EDN-RES) BETWEEN: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, R/BY ITS VICE CHANCELLOR, 4TH T BLOCK, JAYANAGAR, BENGALURU-560041. 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, R/BY ITS REGISTRAR, 4TH T BLOCK, JAYANAGAR, BENGALURU-560041. …APPELLANTS (BY SRI. AVINASH BANAKAR, ADVOCATE) AND: 1. ADARSH AJIT GOURAJ AGE: 24 YEARS, OCC: IST YEAR MBBS STUDENT S NIJALINGAPPA MEDICAL COLLEGE, BAGALKOT, DIST: BAGALKOT-587101. 2. SOHAILAHAMED S/O ABDUL RAZAK KORBO AGE: 23 YEARS, OCC: IST YEAR MBBS STUDENT S NIJALINGAPPA MEDICAL COLLEGE, BAGALKOT, DIST: BAGALKOT-587101. 3. PRAJWAAL S/O DATTATRAY KULKARNI AGE: 23 YEARS, OCC: IST YEAR MBBS STUDENT S NIJALINGAPPA MEDICAL COLLEGE, BAGALKOT, DIST: BAGALKOT-587101. 4. SANMATI S/O VEERABHADRAPPA ANGADI AGE: 22 YEARS, OCC: IST YEAR MBBS STUDENT S NIJALINGAPPA MEDICAL COLLEGE, BAGALKOT, DIST: BAGALKOT-587101. Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:12914-DB WA No. 100611 of 2025 5. NATIONAL MEDICAL COMMISSION BY ITS SECRETARY, POCKET-14, SECTOR 8, DWARAKA PHASE-I, NEW-DEHLI-110077. 6. GOVERNMENT OF KARNATAKA MINISTRY OF HEALTH & FAMILY WELFARE DEPARTMENT OF HEALTH & FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI-110011. REP BY ITS SECRETARY 7. S NIJALINGAPPA MEDICAL COLLEGE & HANGAL SHRI KUMARESHWAR HOSPITAL & RESEARCH CENTRE, BAGALOKT-587102. BY ITS DEAN/PRINCIPAL. …RESPONDENT (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR R1-R4; SRI. ANOOP DESHPANDE, ADVOCATE FOR R5; SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR R6) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE THE INTERIM ORDER DATED 03.09.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.106410/2025 AND ALLOW THE WRIT APPEAL BY REJECTING THE IMPUGNED ORDER, IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS MFA COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:12914-DB WA No. 100611 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The appellants have challenged the interim order whereby the petitioners before the learned Single Judge were permitted to attempt the first year examination insofar as failed subjects. The case made out while attacking the present interim order is that the petitioners have not attempted certain examinations which ought to be considered to be an attempt in terms of the Regulation 7.7 of the 2019 Regulations. 2. Learned counsel appearing for the petitioners- students would however submit that after 2023 Regulations have been notified, the provisions of 2023 Regulations are applicable in terms of which non attempting subject would not count to be an attempt. 3. Learned counsel for the petitioners-students submits that the same principle has been recognized by an order in WP No.8912/2024 which has attained finality. 4. Matter requires consideration. - 4 - HC-KAR NC: 2025:KHC-D:12914-DB WA No. 100611 of 2025 5. We however find that there is no case made out for stay of the order while re-iterating that the attempting of exam would be subject to final orders to be passed. It is also clarified that the petitioners-students in the writ proceedings who have been granted this concession is only insofar as the petitioners-students before the Court. 6. Taking note of the narrow scope of the present proceedings, the appeal itself is disposed off while keeping open all contentions including as raised in the appeal which are to be urged before the learned Single Judge. It is also clarified that the grant of the interim order in the writ proceedings per se would not have any effect of an order adjudicating the rights of the parties finally. Accordingly, the appeal is disposed off. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE PJ, LIST NO.: 1 SL NO.: 6