- 1 - HC-KAR NC: 2025:KHC:50360 WP No. 34720 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34720 OF 2025 (EDN-RES) BETWEEN: DR. ANKIT VISHAL S/O SANJAY KUMAR, AGED ABOUT 34 YEARS R/AT. HI-152, VASANT VIHAR ROAD NO.1B, NEAR MENAKSHI NETRALAYA, HARMU HOUSING COLONY DORANDA, RANCHI DISTRICT JHARKHAND - 834002 ROLL NO: 22MR015. …PETITIONER (BY SRI. TRIVIKRAM S. S., ADV.) AND: 1. THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HAVING ITS OFFICE AT. 4TH T BLOCK, JAYANAGAR BENGALURU 560041. 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES REP. BY ITS VICE CHANCELLOR HAVING ITS OFFICE AT. 4TH T BLOCK, JAYANAGAR BENGALURU 560041. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50360 WP No. 34720 of 2025 3. NATIONAL MEDICAL COMMISSION (EASTWHILE MEDICAL COUNCIL OF INDIA) POCKET 14, SECTOR 8 DWARKA, NEW DELHI-110007 REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI. MAMATHA KULKARNI, ADV. FOR R1 & R2 SRI H.R. SHOWRI, ADV. FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND 2 TO REFER THE PAPER 4 (RADIO DIAGNOSIS) TO THIRD EVALUATION IN WHICH THE PETITIONER HAS FAILED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: (a) Issue a writ in the nature of Mandamus or any other appropriate writ directing the Respondent No.1 & 2 to refer the paper 4 (Radio Diagnosis) to third evaluation in which the Petitioner has failed, in the ends of justice and equity; or - 3 - HC-KAR NC: 2025:KHC:50360 WP No. 34720 of 2025 (b) To grant any such other relief/s or order or direction as this Hon’ble Court deems fit under the facts and circumstances of the case to meet the ends of justice. 2. A perusal of the material on record will indicate that in the examination conducted by the first respondent in September 2025 (RS4) in MD Radio Diagnosis, the petitioner obtained 54 marks in Theory Paper No.I, 66 marks in Theory Paper No.II and 61 marks in Theory Paper No.III. However insofar as Theory Paper No.4 is concerned, the petitioner obtained only 34 marks which is lesser than the minimum pass marks of 40. The break-up of the aforesaid 34 marks obtained by the petitioner is as hereunder: Evaluator No.1 - 36 Evaluator No.2 - 31. It is therefore clear that the petitioner has been awarded “Fail” marks by both Evaluator Nos.1 and 2. - 4 - HC-KAR NC: 2025:KHC:50360 WP No. 34720 of 2025 3. Under these circumstances, having been issued failed marks by both Evaluators, the question of directing respondent No.1-Rajiv Gandhi University of Health Sciences to refer Theory Paper No.4 to a third evaluator would not arise in the facts and circumstances of the instant case and accordingly, the petition is hereby dismissed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MPK CT:bms List No.: 1 Sl No.: 15