- 1 - HC-KAR NC: 2025:KHC:43600 WP No. 28001 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 28001 OF 2025 (EDN-RES) BETWEEN: DR. ANUPRAJ S/O CHANDRASHEKARAPPA, AGED ABOUT 26 YEARS, 1ST YEAR STUDENT, MS IN SHALYA TANTRA MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE, SRI KALABYRAVESHWARA SWAMY AYURVEDIC NO.10, PIPELINE ROAD, RPC LAYOUT, VIJAYANAGAR, BENGALURU – 560 104. …PETITIONER (BY SRI. MANOJ S. N., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH BLOCK, JAYANAGAR, BANGALORE – 560 041 REPRESENTED BY ITS REGISTRAR 2. THE REGISTRAR OF EVALUATION, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH BLOCK, JAYANAGAR, BANGALORE – 560 041. 3. NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE (NCISM) REPRESENTED BY ITS SECRETARY, OFFICE AT 61-65, INSTITUTIONAL AREA, OPPOSITE D-BLOCK, JANAKPURI, NEW DELHI – 110 058. …RESPONDENTS (BY SRI. FARAH FATHIMA, ADVOCATE FOR R1 & R2; SMT. MANASI KUMAR, ADVOCATE FOR R3) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43600 WP No. 28001 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS-UNIVERSITY TO REFER THE PETITIONER'S PAPER-II (BIOSTATISTICS) (ANNEXURE- C) TO A THIRD EVALUATOR BY TREATING THE DIFFERENCE OF 14.5 MARKS BETWEEN THE TWO EVALUATORS AS FIFTEEN MARKS UPON ROUNDING OFF, AND TO CONDUCT A THIRD VALUATION IN ACCORDANCE WITH THE SAFEGUARD APPLICABLE ON A DIFFERENCE OF FIFTEEN PER CENT, AND THEREAFTER TO DECLARE THE RESULT OF THE PETITIONER ON THE BASIS OF THE BEST TWO VALUATIONS AS PER THE SAID SCHEME AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following relief:- “a) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondents- University to refer the Petitioner's Paper-II (Biostatistics) (Annexure - C) to a third evaluator by treating the difference of 14.5 marks between the two evaluators as fifteen marks upon rounding off, and conduct a third valuation in accordance with the safeguard applicable on a difference of fifteen per cent, and thereafter to declare the result of the Petitioner on the basis of the best two valuations as per the said scheme. b) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondents- - 3 - HC-KAR NC: 2025:KHC:43600 WP No. 28001 of 2025 University and the National Commission for Indian System of Medicine to frame and implement uniform guidelines and safeguards for evaluation of Postgraduate answer scripts in Ayurveda, including provision for deviation valuation or third valuation wherever there is a substantial difference between the marks awarded by different evaluators, so as to ensure fairness, transparency and consistency in assessment, and to avoid arbitrariness in the declaration of results. c) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondents to extend to Postgraduate Ayurveda students, including the Petitioner, the same safeguards as are available to Postgraduate students of modern medicine under the Post-Graduate Medical Education Regulations, 2023, by subjecting the Petitioner's answer script to evaluation by not less than four independent examiners, and in the event of a difference of fifteen per cent or more, by referring the script to a further evaluator, and thereafter declaring the result on the basis of the best two valuations, thereby ensuring parity, fairness and non-discrimination in the matter of evaluation. d) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondents, University to frame, publish and implement uniform key answers, model solutions and detailed - 4 - HC-KAR NC: 2025:KHC:43600 WP No. 28001 of 2025 guidelines for correction and evaluation of Postgraduate answer scripts in Ayurveda, so as to ensure consistency and objectivity in awarding marks and to avoid arbitrary variations between different evaluators. And, e) Pass any appropriate order or directions as deemed fit by this Hon'ble Court in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on records including the pleadings of the parties, in particular, the statement of objections filed by the respondent Nos.1 and 2 – RGUHS and the 3rd respondent – NCISM, who have produced the relevant regulations, notifications, circulars, guidelines etc., will clearly indicate that the petitioner would not be entitled for the reliefs sought for in the present petition and the various grounds and contentions urged by the petitioner cannot be countenanced by this Court, especially having regard to the judgment of the Division Bench of this Court in the case of Rajiv Gandhi University of Health Sciences Vs. Dr. K. Sree Laxmi and Ors., - W.A.No.448/2025 and Connected - 5 - HC-KAR NC: 2025:KHC:43600 WP No. 28001 of 2025 matters dated 26.06.2025, whereby the claim of the students/Doctors was rejected by this Court. 4. Under these circumstances, I do not find any merit in the present petition and it is accordingly dismissed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 37