- 1 - HC-KAR NC: 2025:KHC-D:10302 WP No. 105686 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105686 OF 2025 (EDN-EX) BETWEEN: KANUMARLA MANISHA REDDY REG. NO.17H0838 IV YEAR, BHMS AGE 26 YEARS, OCC. STUDENT OF DR. B.D. JATTI HOMOEPATHIC COLLEGE AND HOSPITAL, DHARWAD …PETITIONER (BY SRI. OMKAR LAXMAN DESAI,ADVOCATE) AND: 1. RAJIV GANDHI UNIVERISTY OF HEALTH SCIENCES REPRESENTED BY ITS VICE CHANCELLOR/REGISTRAR 4TH BLOCK, EAST, PATTABHIRAMANAGAR, JAYANAGAR BENGALURU 560041 2. THE NATIONAL COMMISSION FOR HOMEOPATHY REPRESENTED BY ITS SECRETARY OFFICE, INSTITUTIONAL AREA JANAKAPURI D BLOCK, NEW DELHI 110058 3. DR. B.D.JATTI HOMOEOPATHIC COLLEGE AND HOSPITAL, DHARWAD REPRESENTED BY ITS PRINCIPAL …RESPONDENTS (BY SRI. AVINASH BANAKAR., ADVOCATE FOR R1; SRI. M.B. KANAVI., ADVOCATE FOR R2; R3-NOTICE D/W) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10302 WP No. 105686 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 AND 2 TO CONSIDER CASE OF THE PETITIONER STUDENTS AND PERMIT HER TO APPEAR FOR 4TH YEAR BHMS COURSE EXAMINATION SCHEDULED ON 20-08-2025 AND FURTHER THE RESPONDENT NO. 1 TO DECLARE THE RESULT OF SAID EXAMINATION, TO MEET THE ENDS OF JUSTICE AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of mandamus directing the R1 & R2 to consider the case of the petitioner students and permit her to appear for 4th year BHMS course examination scheduled on 20.08.2025 and further the R1 to declare the result of said examination, to meet the ends of justice and ii. Issue such other writ, orders or direction as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity. 2. The issue in the above matter has already been considered by the Co-ordinate Bench of this Court in - 3 - HC-KAR NC: 2025:KHC-D:10302 WP No. 105686 of 2025 order in Srushti D/o. Surendra Badawadagi & Ors. vs. Rajiv Gandhi University of Health Sciences & Ors in WP No.104179/2023 dated 19.7.2023 and which has been confirmed by the Division Bench of this Court vide its order in Rajiv Gandhi University of Health Sciences vs. Srushti D/o Surendra Badawadagi & Ors. in WA No.100526 of 2023 dated 9.10.2023. 3. The essence of both the judgments is that, if the candidate has completed his 3rd year course successfully six months prior to the holding of the 4th year examination he/she ought to be permitted to take up the examination. 4. The submission of Sri.Avinash Banakar., learned counsel for the University is that six months gap is not available from the time of the petitioner clearing the examination for 3rd year, inasmuch as the petitioner cleared examination in March-2025. - 4 - HC-KAR NC: 2025:KHC-D:10302 WP No. 105686 of 2025 5. A perusal of the records indicates that the timetable for the examination had been issued indicating commencement of examination from 9.1.2025 which came to be postponed by the University to March-2025. The postponement of the examination is on account of the university; the university cannot take advantage of its own wrongs to contend that there is no six-month Gap between the 3rd year exam and the 4th year exam. 6. As such, they cannot find any fault with the petitioner in this regard and I pass the following; ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing respondents No.1 and 2 to permit the petitioner to appear for the 4th year BHMS course examination schedule on 20.8.2025. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 46