- 1 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.3438 OF 2025 (EDN-RES) C/W WRIT PETITION NO.3443 OF 2025 (EDN-RES) WRIT PETITION NO.3445 OF 2025 (EDN-RES) WRIT PETITION NO.3464 OF 2025 (EDN-RES) WRIT PETITION NO.3489 OF 2025 (EDN-RES) WRIT PETITION NO.3525 OF 2025 (EDN-RES) WRIT PETITION NO.3539 OF 2025 (EDN-RES) WRIT PETITION NO.3554 OF 2025 (EDN-RES) WRIT PETITION NO.3556 OF 2025 (EDN-EX) WRIT PETITION NO.3671 OF 2025 (EDN) WRIT PETITION NO.4071 OF 2025 (EDN-RES) WRIT PETITION NO.4089 OF 2025 (EDN-RES) WRIT PETITION NO.4090 OF 2025 (EDN-RES) WRIT PETITION NO.4603/2025 (EDN-EX) IN W.P. No. 3438/2025 BETWEEN: DR. K. SREE LAXMI D/O AMARA LINGA REDDY AGED ABOUT 30 YEARS RESIDING AT KVG MEDICAL PG GIRLS HOSTEL, COURT ROAD, KURANJIBHAG SULIYA, DASHNINA KANNADA-574 327. ... PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA, BENGALURU, KARNATAKA-560041. REP. BY REGISTRAR EVALUATION. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS 2. NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8, DWARAKA, NEW DELHI-110077 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1; SRI N. KHETTY, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE RESPONDENT TO DECLARE THE PETITIONER AS “PASS” IN THE EXAMINATION IN THE DISCIPLINE OF MD PEDIATRICS EXAMINATION CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HELD ON JANUARY 2025 BY ROUNDING OFF THE MARKS FROM 49.75% TO 50% AS PER THE DECISION OF THIS HON’BLE COURT IN W.P. NO.11348/2020, W.A. 547/2021 AND R.P. 384/2021 AND AS PER THE DECISION OF SYNDICATE MEETING HELD ON 12.11.2020 VIDE ANNEXURE-F, H AND J, RESPECTIVELY. IN W.P. NO.3443/2025 BETWEEN: DR. GARIKAPATI INDU VARSHINI D/O G. ANJANEYA PRASAD AGED ABOUT 28 YEARS, R/AT GLOBAL COURT APARTMENT, 608, NEAR KUNTIKANA JUNCTION, MANGALORE-575004. ... PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA, BENGALURU, KARNATAKA-560041. REP. BY REGISTRAR EVALUATION. 2. NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8, DWARAKA, NEW DELHI-110077 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1; SRI N. KHETTY, ADVOCATE FOR R-2) - 3 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE RESPONDENT TO DECLARE THE PETITIONER AS “PASS” IN THE EXAMINATION IN THE DISCIPLINE OF MD GENERAL MEDICINE EXAMINATION CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HELD ON JANUARY 2025 BY ROUNDING OFF THE MARKS FROM 49.75% TO 50% AS PER THE DECISION OF THIS HON’BLE COURT IN W.P. NO. 11348/2020 DATED 20/10/2020, W.A. 547/2021 DATED 18/06/2021 AND R.P. 384/2021 DATED 08/03/2022 AND AS PER THE DECISION OF SYNDICATE MEETING HELD ON 12.11.2020 VIDE ANNEXURE-F, H, J & G. IN W.P. NO.3445/2025 BETWEEN: DR. VAISHNAVI .T AGED 35 YEARS, NO.20, 1ST CROSS ROAD, KGF, MUNNIREDDY LAYOUT VTC. MAHADEVAPUR P.O., BENGALURU-560048. ... PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA, BENGALURU, KARNATAKA-560041. REP. BY REGISTRAR EVALUATION. 2. NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8, DWARAKA, NEW DELHI-110077 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1; SRI N. KHETTY, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE RESPONDENT TO DECLARE THE PETITIONER AS “PASS” IN THE - 4 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS EXAMINATION IN THE DISCIPLINE OF M.S OPHTHALMOLOGY EXAMINATION CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HELD ON JANUARY 2025 BY ROUNDING OFF THE MARKS FROM 49.75% TO 50% AS PER THE DECISION OF THIS HONBLE COURT IN W.P. NO. 11348/2020, W.A. 547/2021 AND R.P. 384/2021 AND AS PER THE DECISION OF SYNDICATE MEETING HELD ON 12.11.2020. IN W.P. NO.3464/2025 BETWEEN: DR. VINAY KUMAR .R AGED ABOUT 30 YEARS, S/O RAMA KRISHNA GOWDA CHATRSKODIHALLI, BEGLIHOSAHALLI POST KOLAR-563101. ... PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA, BENGALURU, KARNATAKA-560041. REP. BY REGISTRAR EVALUATION. 2. NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8, DWARAKA, NEW DELHI-110077 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1; SRI N. KHETTY, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE RESPONDENT TO DECLARE THE PETITIONER AS “PASS” IN THE EXAMINATION IN THE DISCIPLINE OF MD GENERAL SURGERY EXAMINATION CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HELD ON JANUARY 2025 BY ROUNDING OFF THE MARKS FROM 49.75% TO 50% AS PER THE DECISION OF THIS HON’BLE COURT IN W.P. NO.11348/2020, W.A.547/2021 AND - 5 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS R.P.384/2021 AND AS PER THE DECISION OF SYNDICATE MEETING HELD ON 12.11.2020 VIDE ANNEXURE-G. IN W.P. NO.3489/2025 BETWEEN: DR. KAVURI SRI HARSHA S/O. KAVURI KRISHNA RAO AGED 30 YEARS, PERMANENT RESIDENT OF H.NO.1-13- 404/B/1/101 MAYER STREET, NIZAMABAD NEAR RAGHAVA HIGH SCHOOL ANDHRA PRADESH-503001. AT PRESENT RESIDING AT PG HOSTEL, KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, MANGALORE-575018. ... PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA, BENGALURU, KARNATAKA-560041. REP. BY REGISTRAR EVALUATION. 2. NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8, DWARAKA, NEW DELHI-110077 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1; SRI N. KHETTY, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE RESPONDENT TO DECLARE THE PETITIONER AS “PASS” IN THE EXAMINATION IN THE DISCIPLINE OF MD PEDIATRICS EXAMINATION CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF - 6 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS HEALTH SCIENCES HELD ON JANUARY 2025 BY ROUNDING OFF THE MARKS FROM 49.75% TO 50% AS PER THE DECISION OF THIS HON’BLE COURT IN W.P. NO.11348/2020, W.A. 547/2021 AND R.P. 384/2021 AND AS PER THE DECISION OF SYNDICATE MEETING HELD ON 12.11.2020 VIDE ANNEXURE-F, H, AND J, RESPECTIVELY. IN W.P. NO.3525/2025 BETWEEN: JYOTHI .A D/O ANJANAPPA, AGED ABOUT 27 YEARS, R/AT #234/40, BYRAVESHWARA NILAYA, YANAPPA FARM HOUSE, THIGALANAPALAYA, PINYA POST BANGALORE-560058. ... PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA, BENGALURU, KARNATAKA-560041. REP. BY REGISTRAR EVALUATION. 2. NATIONAL MEDICAL COUNCIL, POCKET NO.14, SECTOR 8, DWARAKA, NEW DELHI-110077 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1; SRI N. KHETTY, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE RESPONDENT TO DECLARE THE PETITIONER AS “PASS” IN THE EXAMINATION IN THE DISCIPLINE OF MD GENERAL MEDICINE (RS4) EXAMINATION JANUARY-2025 CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HELD ON JANUARY 2025 BY ROUNDING OFF THE MARKS FROM 49.5% TO 50% AS PER THE DECISION OF THIS HONBLE COURT IN W.P. NO. 11348/2020 AND R.P. 384/2021. - 7 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS IN W.P. NO.3539/2025 BETWEEN: DR. KARUNYA .K D/O M. KANNADASAN, AGED ABOUT 29 YEARS, R/AT NO.23, 2ND CROSS, MCECHS LAYOUT, PHASE I, HEGDE NAGAR, BANGALORE-560077. ... PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA, BENGALURU, KARNATAKA-560041. REP. BY REGISTRAR EVALUATION. 2. NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8, DWARAKA, NEW DELHI-110077 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1; SRI N. KHETTY, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE RESPONDENT TO DECLARE THE PETITIONER AS “PASS” IN THE EXAMINATION IN THE DISCIPLINE OF MD PEDIATRICS EXAMINATION CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HELD ON JANUARY 2025 BY ROUNDING OFF THE MARKS FROM 49.75% TO 50% AS PER THE DECISION OF THIS HON’BLE COURT IN W.P. NO.11348/2020, W.A.547/2021 AND R.P.384/2021 AND AS PER THE DECISION OF SYNDICATE MEETING HELD ON 12.11.2020 VIDE ANNEXURE-F, H, AND J, RESPECTIVELY. IN W.P. NO.3554/2025 BETWEEN: DR. ATHUL SURESH S/O C.K. SURESH, AGED ABOUT 30 YEARS - 8 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS R/AT PG HOSTEL, AJ MEDICAL COLLEGE, MANGALORE-575004. ... PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA, BENGALURU, KARNATAKA-560041. REP. BY REGISTRAR EVALUATION. 2. NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8, DWARAKA, NEW DELHI-110077 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1; SRI N. KHETTY, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE RESPONDENT TO DECLARE THE PETITIONER AS “PASS” IN THE EXAMINATION IN THE DISCIPLINE OF MD PEDIATRICS EXAMINATION CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HELD ON JANUARY 2025 BY ROUNDING OFF THE MARKS FROM 49.5% TO 50% AS PER THE DECISION OF THIS HON’BLE COURT IN W.P. NO.11348/2020, AND R.P.384/2021 PRODUCED AS ANNEXURE-F AND H, RESPECTIVELY. IN W.P. NO.3556/2025 BETWEEN: DR. KAUSHIK D.S. S/O DR. T. DEMAPPA AGED 29 YEARS 119, 1ST CROSS, NIVEDITHA NATTAR, MYSORE-570022. ... PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA, - 9 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS BENGALURU, KARNATAKA-560041. REP. BY REGISTRAR EVALUATION. 2. NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8, DWARAKA, NEW DELHI-110077 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1; SRI N. KHETTY, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE RESPONDENT TO DECLARE THE PETITIONER AS PASS IN THE EXAMINATION IN THE DISCIPLINE OF MD OPHTHALMOLOGY EXAMINATION CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HELD ON JANUARY 2025 BY ROUNDING OFF THE MARKS FROM 49.5% TO 50% AS PER THE DECISION OF THIS HON’BLE COURT IN W.P. NO.11348/2020, AND R.P.384/2021 PRODUCED AS ANNEXURE-F AND H, RESPECTIVELY. IN W.P. NO.3671/2025 BETWEEN: DR. SHREYAS V. SORAGAVI S/O DR. V.R. SORAGAVI, AGED ABOUT 31 YEARS, R/AT “SRI SAI” #46, 4TH CROSS, JUDICIAL LAYOUT, SANJAY NAGAR, RMV 2ND STAGE, BANGALORE-560094. ... PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA, BENGALURU, KARNATAKA-560041. REP. BY REGISTRAR EVALUATION. 2. NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8, - 10 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS DWARAKA, NEW DELHI-110077 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1; SRI N. KHETTY, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE RESPONDENT TO DECLARE THE PETITIONER AS “PASS” IN THE EXAMINATION IN THE DISCIPLINE OF MS ORTHOPAEDICS EXAMINATION CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HELD ON JANUARY 2025 BY ROUNDING OFF THE MARKS FROM 49.5% TO 50% AS PER THE DECISION OF THIS HONBLE COURT IN W.P. NO.11348/2020 AND R.P.384/2021. IN W.P. NO.4071/2025 BETWEEN: DR. ABHISHEK .G S/O GANGADHARAPPPA S, AGED 29 YEARS, HORAKEDEVARAPURA, PO HD PURA HOLALKERE TALUK, CHITRADURGA DIST.-577557. ... PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA, BENGALURU, KARNATAKA-560041. REP. BY REGISTRAR EVALUATION. 2. NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8, DWARAKA, NEW DELHI-110077 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1; SRI N. KHETTY, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE - 11 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS RESPONDENT TO DECLARE THE PETITIONER AS “PASS” IN THE EXAMINATION IN THE DISCIPLINE OF MD PEDIATRICS EXAMINATION CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HELD ON JANUARY 2025 BY ROUNDING OFF THE MARKS FROM 49.5% TO 50% AS PER THE DECISION OF THIS HON’BLE COURT IN W.P. NO.11348/2020 AND R.P.384/2021. IN W.P. NO.4089/2025 BETWEEN: DR KIRTHI KIRAN S/O K. SAMPATH AGED 34 YEARS R/AT #36, MADHU NIVAS, 33RD MAIN 5TH CROSS OPP. SANDHYA THEATER MADIVALA, BTM LAYOUT 1ST STAGE, BANGALORE-560068. ... PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA, BENGALURU, KARNATAKA-560041. REP. BY REGISTRAR EVALUATION. 2. NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8, DWARAKA, NEW DELHI-110077 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1; SRI N. KHETTY, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE RESPONDENT TO DECLARE THE PETITIONER AS “PASS” IN THE EXAMINATION IN THE DISCIPLINE OF MS OTO-RHINO-LARYNGOL EXAMINATION CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HELD ON JANUARY 2025 BY ROUNDING OFF THE MARKS FROM 49.75% TO 50% AS PER THE DECISION OF THIS - 12 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS HONBLE COURT IN W.P. NO.11348/2020, W.A.547/2021 AND R.P. 384/2021 AND AS PER THE DECISION OF SYNDICATE MEETING HELD ON 12.11.2020 (ANNEXURE-G, F, H AND J). IN W.P. NO.4090/2025 BETWEEN: DR. POOJA J.P. D/O PUTTASWAMY J.K. AGED ABOUT 27 YEARS R/AT GURUKRUPA, 4TH CROSS, 40 FEET ROAD, MAHALAXMI NAGAR, BATAWADE TUMKUR-572103. ... PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA, BENGALURU, KARNATAKA-560041. REP. BY REGISTRAR EVALUATION. 2. NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8, DWARAKA, NEW DELHI-110077 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1; SRI N. KHETTY, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE RESPONDENT TO CONSIDER THE MARKS AWARDED TO THE PETITIONER FOR THE EXAMINATION IN THE DISCIPLINE OF MS OPHTHALMOLOGY HELD IN JANUARY 2025, CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES BY ROUNDING OFF THE MARKS FROM 49.25% TO 50% AS PER THE DECISION OF THIS HONBLE COURT IN RP.NO.384/2022, W.A.909/2025 AND AS PER THE DECISION OF SYNDICATE MEETING HELD ON 12.11.2020 AND DECLARE PETITIONER AS “PASS”; DIRECT THE RESPONDENT TO ISSUE FRESH MARKS CARD AFTER ROUNDING OFF THE MARKS FROM 49.25% TO 50%. - 13 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS IN W.P. NO.4603/2025 BETWEEN: DR. SYEDA ASRA FATIMA W/O DR. IRFAN VLLAH QUADRI AGED 28 YEARS #14, DISPENSARY RAOD, KALASIPALYAM, BANGALORE-560002. ... PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGARA, BENGALURU, KARNATAKA-560041. REP. BY REGISTRAR EVALUATION. 2. NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8, DWARAKA, NEW DELHI-110077 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R-1; SRI N. KHETTY, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE RESPONDENT TO DECLARE THE PETITIONER AS “PASS” IN THE EXAMINATION IN THE DISCIPLINE OF MD PAEDIATRICS EXAMINATION CONDUCTED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES HELD ON JANUARY 2025 BY ROUNDING OFF THE MARKS FROM 49.75% TO 50% AS PER THE DECISION OF THIS HONBLE COURT IN W.P. NO.11348/2020 DATED 20/10/2020, W.A. 547/2021 DATED 18/06/2021 AND R.P. 384/2021 DATED 08/03/2022 AND AS PER THE DECISION OF SYNDICATE MEETING HELD ON 12.11.2020. THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 14 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS ORAL ORDER Since all these writ petitions involve common questions, the writ petitions are taken up together. 2. The petitioners are aggrieved by the conduct of the respondents in not rounding off the percentage to the next nearest number and not extending the benefit of rounding off to the petitioners. 3. In W.P.No.3438/2025, the petitioner is seeking an appropriate writ / order or direction: “Declaring the Petitioner as “Pass” in the examination in the discipline of MD Pediatric examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P. 384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3443/2025, the petitioner is seeking an appropriate writ / order or direction: - 15 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS “declaring the Petitioner as “Pass” in the examination in the discipline of MD General Medicine examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by this Hon’ble court in W.P.No.11348/2020, W.A. 547/2021 & R.P. 384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3445/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of M.S Ophthalmology examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P. 384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3464/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of M.S General Surgery examination conducted by RGUHS held in January 2025 by rounding off the marks from - 16 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS 49.75% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A.547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3489/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of MD Pediatric examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P. 384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3525/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of MD General medicine examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.50% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A.547/2021 & R.P. 384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” - 17 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS In W.P.No.3539/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of MD Pediatrics examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A.547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3554/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of MD Pediatrics examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.50% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3556/2025, the petitioner is seeking an appropriate writ / order or direction: - 18 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS “declaring the Petitioner as “Pass” in the examination in the discipline of M.S Ophthalmology examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.50% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3671/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of M.S Orthopaedics examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.50% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.4071/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of MD Pediatrics examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.50% to - 19 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.4089/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of m.s Oto-Laryngol examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.4090/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of M.S Ophthalmology examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.25% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021, R.P.384/2021 & WA NO.909/2023 and as - 20 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS per the decision of Syndicate meeting held on 12- 11-2020.” In W.P.No.4603/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of MD Pediatric examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by thiis Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P. 384/2021 and as per the decision of Syndicate meeting held on 12.11.2020.” 4. Heard the learned counsel appearing for the petitioner-students and learned counsel appearing for the respondents and perused the materials on record. 5. Learned counsel appearing for the petitioners placing reliance upon various decisions of this Court in the case of Dr. GURUPRASAD Vs. RAJIV GANDHI UNIVERSITY1 (Dr. Guruprasad), DR. B. NAGADIVYA Vs. RAJIV GANDHI UNIVERSITY OF HEALTH 1 WP 11348/2020 disposed on 20.10.2020 - 21 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS SCIENCES AND OTHERS2 (B. NAGA DIVYA), RAJIV GANDHI UNIVERSITY Vs. DR. NAGA DIVYA3 (RAJIV GANDHI UNIVERSITY), RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES Vs. DR.NEELESH MEHTA AND ANOTHER (DR.NEELESH MEHTA)4, submits that this Court has decided in favour of the petitioner-students directing the university to round off the percentage to the next integer, the petitioner inter alia contends that by virtue of the Ordinance governing the postgraduate (PG), including PG diploma and super specialist and subscript evaluation promoted by the notification dated 29.12.2023 indicates that the average total marks awarded by the two evaluators for the paper is to be rounded off to the nearest whole number. 6. It is submitted that evaluation of marks is governed by the notification dated 16.12.2024 regarding implementation of Post Graduate Medical Education 2 W.P. No.17479/2021 D.D. 30.09.2021 3 R.P.No.384/2021 in WP No.17479 of 2021 D.D.08.03.2021 4 W.A NO.547/2021 D.D. 18.06.2021 - 22 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS Regulations (PGMER) 2023 for 2021-22 batch of PG students. It is submitted that prior to enactment of PGMER 2023, evaluation of PG course is governed by the “Ordinance Governing Post Graduation including Diploma and Super Specialty Valuation” dated 29.03.2019 (hereinafter referred to as ‘the Ordinance). It is submitted that according to Clause 5(b) of the said Ordinance, for passing the examination, the students should secure 50% in the theory examination in aggregate and 50% in practical plus viva examination and the average of the best four total marks of the paper awarded by the five evaluators, which is rounded off to the nearest value shall be considered for final computation of the results. It is submitted that several students who have scored 49.75% approached this court challenging the action of the respondent and in the case of DR. GURUPRASAD, this court has directed the respondent to round off to the next whole number i.e., 50%. - 23 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS 7. Respondent Nos.1 and 2 having entered appearance opposes the writ petition by filing statement of objections inter alia contending that the petitioners herein have failed to secure minimum 200/400 marks in PG examination-January 2025 are literally seeking for grace marks of 1 to 3 marks in the form of rounding off of percentage from 49.25% (197/200 marks), 49.50% (198/200 marks) and 49.75% (199/200 marks) to 50% (200/400 marks) and to declare them as ‘Pass’. It is submitted that the decisions placed reliance and the Syndicate decision dated 12.11.2020 were due to Covid- 19 pandemic the RGUHS resolved to award rounding off of percentage to the students and the decision placed reliance by the petitioner was in the context of extraordinary circumstances of Covid-19 pandemic prevailing. It is submitted that in the case of DR.GURUPRASAD and in DR. M.D.GOLAP HUSSAIN VS. RAJIV GANDHI UNIVERSITY OF HEALTH - 24 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS SCIENCES5 (GOLAP HUSSAIN), the decision was passed taking into consideration that the University had taken a decision on 12.11.2020 in the light of the extraordinary circumstances of Covid-19 pandemic prevailing for the academic year 2019-20 and the same may not be extended as the matter of course subsequently. It is submitted that in the case of NEELESH MEHTA, the Division Bench of this Court observed that the said appeal was not considered in normal circumstances, but was dealing with a situation where almost entire country was under lockdown and then PG students were frontline workers and were practically doing Covid duties round the clock and large number of doctors have lost their lives and the RGUHS - Syndicate keeping in view the various factors have taken a policy decision dated 12.11.2020. It is submitted that the decisions stated supra was purely due to the decision dated 12.11.2020 passed by the RGUHS – Syndicate, which is withdrawn by a Notification / 5 W.P.No.10365/2020 D.D.13.11.2020 - 25 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS Regulation dated 26.08.2024 clearly notifying that PGMER- 2023 Regulations is applicable for valuation of the theory answer scripts and computation of the results of the 2021- 22 batch and the students who will appear for the ensuing examination. It is submitted that the petitioners – students are admitted to the PG course for the academic year 2021-22 and the academic session has commenced in February 2022 post Covid pandemic and the petitioners- students cannot seek parity benefits extended with the PG students in the decisions placed reliance by the petitioners. It is submitted that the petitioners are not entitled for grace marks as the students fail to secure minimum marks to enable them to pass the examination. 8. Having heard the learned counsel for the parties, the question that arises for consideration is: “Whether rounding off at a percentage level would be akin to providing grace marks and whether the benefit of the order passed in Dr.Guruprasad’s case and other similarly placed petitioners would be applicable to the petitioners as well?” - 26 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS 9. The petitioners are post graduate medical students having failed by a fraction of percentage as stated supra, are knocking at the doors of this Court inter alia contending that the said fraction ought to have been rounded off to the next whole number which would resultantly pass the petitioners. Under the PGMER-2023 Regulation, Regulation 8.4 stipulates that a student should secure a minimum of 40% in each paper with an aggregate of 50% in theory paper and to secure minimum total marks of 200 / 400 for theory and practical plus viva 200/400. It is noticed by this court that the marks obtained by the petitioners, when turned into percentage is arriving at 49.75%, 49.50% and 49.25%. The situation being such that though the petitioners have obtained 197, 198 and 199 out of 200 in theory the percentage, which is arrived is in decimal. In the case of DR.GURUPRASAD stated supra though the decision was rendered during Covid pandemic, the Ordinance dated 29.03.2019 permitted to round off to the next full figure and this - 27 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS court, in DR.GURUPRASAD’S case did not take into account the Covid-19 pandemic, but what was considered by this court is the arithmetical calculation. The Regulations, which was later changed in the year 2020 has now been withdrawn, it is contended by the respondent- RGUHS that rounding off would be akin to granting grace marks. The rounding off a percentage is a matter of arithmetical calculation and not equivalent to granting of grace marks. The PGMER-2023 Regulation does not explicitly prohibit rounding off decimal values in percentage calculation. The percentage to be rounded off to the next whole number is a part of standard mathematical practice. The petitioners who have obtained point percentage, the standard arithmetic rule dictates rounding off to 50%, which is a mathematical adjustment. 10. The point percentage obtained by the students i.e., 0.25%, 0.50% and 0.75% is the marks, which has been obtained and at any rate it cannot be taken away by holding that it has to be 49% and not 50%. For the - 28 - NC: 2025:KHC:8566 WP No. 3438 of 2025 C/W WP No. 3443 of 2025 WP No. 3445 of 2025 AND 11 OTHERS foregoing reasons, the point framed for consideration is answered in favour of the petitioners and the writ petitions succeed and the petitioners marks in theory examination is rounded off from 49.25%, 49.50% and 49.75% to 50% and the respondent - University is directed to consider the petitioners as ‘Pass’ and issue necessary result sheet accordingly. Sd/- ________________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 26