- 1 - HC-KAR NC: 2025:KHC:38921 WP No. 23759 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 23759 OF 2025 (EDN-RES) BETWEEN: MISS. NISHAT R KOLYAL D/O SRI. RAJAHAMAD KOLYAL AGED ABOUT 24 YEARS, STUDENT, 1ST YEARS MBBS, DR.AMEDKAR MEDICAL COLLEGE AND HOSPITAL, GANDHI NAGAR, KADUGONDANAHALLI, BANGALORE 560045 R/AT 4/20, VIDYANAGAR, TALIKOTI, VIJAYAPURA-586214. …PETITIONER (BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE) AND: 1. THE UNION OF INDIA THE UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAVAN MAULANA AZAD ROAD NEW DELHI-110 011 BY ITS SECRETARY 2. NATIONAL MEDICAL COMMISSION (ERSTWHILE MEDICAL COUNCIL OF INDIA) POCKET 14, SECTOR 8, DWARKA, NEW DELHI-110007 REP. BY ITS SECRETARY Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38921 WP No. 23759 of 2025 3. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, 105, 1ST FLOOR, SECRETARIAT BUILDING, VIKASA SOUDHA, BENGALURU-560001 REPRESENTED BY ITS SECRETARY 4. THE DIRECTORATE OF MEDICAL EDUCATION REPRESENTED BY ITS DIRECTOR, I FLOOR, FORT, K R ROAD, BENGALURU-560002. 5. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM BANGALORE-560012 REP. BY ITS EXECUTIVE DIRECTOR 6. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR, BANGALORE-560041 REPRESENTED BY ITS REGISTRAR 7. DR. AMBEDKAR MEDICAL COLLEGE AND HOSPITAL, GANDHI NAGAR, KADUGONDANAHALLI, BANGALORE 560045. REP. BY ITS PRINCIPAL. …RESPONDENTS (BY SMT. SWATHI PANDURANGA., CGC FOR R1 SRI. N.KHETTY., ADVOCATE FOR R2 SMT. B.P.RADHA., AGA FOR R3 & R4 SRI. N.K. RAMESH., ADVOCATE FOR R5 SMT. MAMATHA G KULKARNI., ADVOCATE FOR R6 R7 SERVED, UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION TO - 3 - HC-KAR NC: 2025:KHC:38921 WP No. 23759 of 2025 THE RESPONDENTS TO PERMIT THE PETITIONER TO APPEAR FOR THE EXAMINATION TO BE CONDUCTED FOR THE 1ST YEAR MBBS COURSE IN THE SUBJECT OF BIOCHEMISTRY IN PARTICULAR OF BOTH PAPER 1 AND 2 TO BE CONDUCTED IN THE DURING SEPTEMBER / OCTOBER 2025 AS A MERCY ATTEMPT(5TH ATTEMPT) BY CONSIDERING THE REPRESENTATIONS DATED 14/07/2025 VIDE ANNEXURE-C TO ANNEXURE C4 (SERIES) AND ANNEXURE-D DATED 27.06.2025 AND TO PASS APPROPRIATED SUITABLE ORDERS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioner, a medical student studying in the 7th respondent -institution, is before this Court with a prayer that 5th attempt may be permitted to the petitioner, although the Regulation would prescribe only 4 attempts. It is clear from the prayer itself that this is a mercy petition filed on the ground that there is only one paper for the petitioner to clear and therefore the prayer that fifth attempt may be permitted. - 4 - HC-KAR NC: 2025:KHC:38921 WP No. 23759 of 2025 2. The law is very clear in this regard. No Court can pass an order contrary to the Regulations and norms prescribed by the university. When it is clear from the petition that the Regulations of the University as well as the National Medical Council Commission would prescribe only 4 attempts for a student, this Court is not in a position to accede to the prayer made by the petitioner. Accordingly, the writ petition stands dismissed. Sd/- (R DEVDAS) JUDGE KLY CT: JL