- 1 - HC-KAR NC: 2025:KHC:38129-DB WA No. 614 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 614 OF 2025 (EDN-RES) BETWEEN: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH BLOCK, JAYANAGAR BENGALURU - 560 041 REPRESENTED BY ITS REGISTRAR EVALUATION …APPELLANT (BY SMT. FARAH FATHIMA, ADVOCATE) AND: 1. DR. NAYANA M.S. D/O SURYANARAYANA AGED ABOUT 32 YEARS R/AT # 5974, GOVINDAPPA LAYOUT SUBASHNAGAR NELAMANGALA - 562 123. 2. NATIONAL MEDICAL COMMISSION POCKET NO. 14, SECTOR 8, DWARAKA, NEW DELHI -110 077 REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY MS. SUMANA BALIGA, ADVOCATE FOR C/R-1) Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38129-DB WA No. 614 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE ORDER DATED 19/03/2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P. NO.7858/2025 AND DISMISS THE WRIT PETITION FILED BY THE PETITIONER AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant - University, has filed the present appeal impugning an order dated 19.03.2025 passed by the learned Single Judge of this Court in Writ Petition No.7858/2025 (EDN-RES). The respondent had filed the said petition, inter alia, praying that the direction be given to the appellant to consider the marks awarded to the respondent No.1 for the examination in the discipline of MD in Pathology held on 01.01.2025 conducted by the Appellant - University by rounding off the marks from 49.25% to 50%. The said writ petition was allowed in terms of an order following the decision in Dr. K. Sree Laxmi v. Rajiv Gandhi University of Health Sciences and another : W.P.No.3438/2025 and - 3 - HC-KAR NC: 2025:KHC:38129-DB WA No. 614 of 2025 connected matters dated 24.02.2025. The operative part of the order reads as under: "ORDER a) Writ petition is hereby allowed in terms of the order in the case of DR. K.SREE LAXMI V/S. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND ANOTHER in W.P.No.3438/2025 and Connected Matters dated 24.02.2025. b) The respondent No.1 - RGUHS is directed to round off the percentage of marks obtained by the petitioner from 49.25% to 50% and consider the petitioner as having passed and issue necessary marks sheet / result sheet within a period of two weeks from today." 2. The appellant states that the judgment dated 24.02.2025 in Writ Petition No.3438/2025 and connected cases, was subject matter of an appeal before this Court being WA No.448/2025 and connected cases, which was allowed by this Court in terms of the judgment dated 26.06.2025. Thus concededly, in view of the said judgment, the present appeal is required to be allowed as well. The appeal is accordingly allowed and the impugned order is set aside. 3. Pending applications stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE SD, List No.: 1 Sl No.: 41