- 1 - HC-KAR NC: 2025:KHC:37998 WP No. 25930 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.25930 OF 2025 (EDN-RES) BETWEEN: DR. YOGITHA M. P. M. D/O. M. P. M. SHANMUKHAIAH AGED ABOUT 28 YEARS NO.12/G, 4TH CROSS BEHIND GANGA SAWMILLS HONALI-577 217 DAVANAGERE DISTRICT &PETITIONER (BY SRI K. MANJUNATHA RAO BHONSLE, ADVOCATE) AND: RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR (EVALUATION) 4TH BLOCK, JAYANAGAR BENGALURU-560 041 &RESPONDENT (BY SMT. FARAH FATHIMA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT UNIVERSITY TO ROUND OFF THEORY PAPER-I AT 40.12 TO 41, THEORY PAPER-II AT 50.25 TO 51 AND THEORY PAPER-IV AT 52.25 TO 53 IN THE EXAMINATION OF THE DISCIPLINE IN MD AYURVEDA SAMHITA AND SIDDHANT (RS3) CONDUCTED ON MARCH 2025 AND Digitally signed by PRASHANTH N V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37998 WP No. 25930 of 2025 FURTHER PLEASED TO DIRECTED TO ROUND OFF THE TOTAL AVERAGE MARKS TO 200 INSTEAD OF 196 OUT OF 400 AND DECLARE THE RESULT OF THE PETITIONER AS PASS AND DIRECT THE RESPONDENT UNIVERSITY TO CONSEQUENT TO DECLARING THE RESULT OF THE PETITIONER AS PASS, TO ISSUE FRESH MARKS CARD. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioner who is a student of final year MD Ayurveda, is before this Court seeking writ of mandamus directing the respondent - University to round off the theory paper-I marks from 40.12 to 41, Theory Paper-II marks from 50.25 to 51 and Theory Paper - IV from 52.25 to 53 in the examinations that were held during March 2025. The petitioner is also seeking a writ of mandamus directing the respondent- University to consider the representation given by the petitioner at Annexure - G dated 11.07.2025. 2. Learned counsel for the respondent-University, however, brought to the notice of this Court a recent decision of a Division Bench of this Court in the case of Rajiv Gandhi - 3 - HC-KAR NC: 2025:KHC:37998 WP No. 25930 of 2025 University of Health Sciences vs. Dr. K. Sree Laxmi and another and connected matters in Writ Appeal No.448/2025 which was rendered on 26.06.2025. Learned counsel further submits that the Hon'ble Division Bench held that the benefit given by this Court in the case of Dr. Guruprasad vs. Rajiv Gandhi University in W.P. No.11348/2020 was on the basis of the circumstances prevailing then i.e., COVID - 19. It was further held that, stipulation 5 states that there is no grace marks permitted in PG examination either for Theory or for Practical. It was held that the relief which has been granted by the learned single Judge is to round off the percentage to 50 percent, which in effect means that the same shall have the effect of granting grace marks for the candidates to reach 50 percent which is impermissible. Such direction would amount to reading into the regulations what is not provided for and it would amount to re-writing the regulations by the Court, which is clearly impermissible in law. 3. However, learned counsel for the petitioner submitted that the petitioner, in her representation at Annexure- G has stated that the petitioner is diagnosed with dysgraphia and in accordance with the judgment of the Hon'ble Supreme Court in - 4 - HC-KAR NC: 2025:KHC:37998 WP No. 25930 of 2025 case of Vikash Kumar Vs. Union Public Service Commission in SLP (Civil) 1882/2021 and having regard to the National Education Policy, 2020, for accessibility and inclusive principles in higher education, the representation has to be considered. 4. Having regard to the above, the writ petition stands disposed of with a direction to the respondent-University to consider the representation at Annexure-G given by the petitioner and pass necessary orders in accordance with law, as expeditiously as possible and at any rate, within a period of 15 days from the date of the receipt of a copy of this order. Ordered accordingly. SD/- (R.DEVDAS) JUDGE BS List No.: 1 Sl No.: 25