- 1 - HC-KAR NC: 2025:KHC:51842 WP No. 36510 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 36510 OF 2025 (EDN-RES) BETWEEN: 1. COLUMBIA COLLEGE OF NURSING NO.71, MARIYAPPANAPALYA, GNANABHARATHI POST, KENGERI, BANGALORE 560056 REPRESENTED BY ITS PRINCIPAL SMT.M.BRUNDA LAKSHMI. 2. DIVYA.C.R D/O JAYANTHI AGED ABOUT 36 YEARS, STUDYING 2ND YEAR PB BSC NURSING C/O COLUMBIA COLLEGE OF NURSING NO.71, MARIYAPPANAPALYA, GNANABHARATHI POST, KENGERI, BANGALORE - 560 056. …PETITIONERS (BY SRI. T KRISHNA, ADVOCATE) AND: THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH 'T' BLOCK, JAYANAGAR, BANGALORE - 560011 REPRESENTED BY ITS REGISTRAR. …RESPONDENT (BY SMT.MAMATHA KULKARNI, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) ISSUE A WRIT OF Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51842 WP No. 36510 of 2025 MANDAMUS, DIRECTING THE RESPONDENT, THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, TO PERMIT THE PETITIONER NO.1 INSTITUTION TO UPLOAD THE INTERNAL ASSESSMENT (IA) MARKS IN THE WEB PORTAL OF THE RESPONDENT UNIVERSITY, PERTAINING TO 1ST YEAR PB BSC NURSING OF PETITIONER NO.2, ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 reliefs: a) Direct Respondent University to declare the Result of Petitioner No.2 pertaining to 1st year PB BSc Nursing afresh, by evaluating the total marks obtained by Petitioner No.2 considering the internal assessment (IA) marks obtained by Petitioner No.2. b) Permit Petitioner No.2 to appear for the 2nd year final examinations for PB BSc Nursing, schedule to commence from 12.12.2025, pending disposal of the writ petition and subject to the result of the writ petition, in the interest of justice and equity. 2. Heard Shri.T.Krishna, learned counsel appearing for the petitioner and Smt.Mamatha Kulkarni, learned counsel appearing for the respondent and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:51842 WP No. 36510 of 2025 3. A perusal of the material on record will indicate that the Petitioner No.1-Institution admitted Petitioner No.2-Student for Post Basic Bachelor of Nursing (PB BSc., Nursing) course for the academic year 2023-24. The Petitioner No.2-Student having appeared in both the theory examination as well as internal examination, Petitioner No.2-Student secured the following marks in the theory as well as internal assessment as hereunder: SUBJECT TOTAL MARKS MARKS OBTAINED IA MARKS MARKS OBTAINED IF IA MARKS ARE CONSIDERED Nursing Foundation 50 21 Fail 12 33 pass Nutrition & Dietetics 50 26 pass 12 38 Pass Bio Chemistry & Bio Physics 100 54 Pass 22 76 Pass Psychology 100 37 Fail 23 60 Pass Microbiology 100 41 Fail 23 64 Pass Maternal Nursing 200 84 Fail 69 153 Pass Child Health Nursing 200 69 Fail 69 138 Pass Medical Surgical & Nursing 200 83 Fail 69 152 Pass TOTAL MARKS 1000 415 Fail 714 Pass - 4 - HC-KAR NC: 2025:KHC:51842 WP No. 36510 of 2025 4. It is the grievance of Petitioner No.2-Student that if the internal assessment marks were to be added to the marks obtained by the Petitioner No.2-Student in the theory papers, the Petitioner No.2-Student would pass and since the respondent has not declared the results of the Petitioner No.2-Student pertaining to first year (PB BSc., Nursing) by considering and taking into account the internal assessment (IA) marks obtained by Petitioner No.2-Student, and since the respondents have declared the results of Petitioner No.2 without taking into account the internal assessment marks of Petitioner No.2, the petitioners are before this Court by way of the present petition. 5. Per contra, learned counsel for the Respondent- Rajiv Gandhi University of Health Sciences (RGUHS) would reiterate the various contentions urged in the statement of objections and contend that since the Petitioner No.1- Institution had not uploaded the internal assessment marks secured by Petitioner No.2-Student prior to - 5 - HC-KAR NC: 2025:KHC:51842 WP No. 36510 of 2025 announcement of results, the respondent was left with no option but to declare the result of the Petitioner No.2- Student without considering or taking into account the internal assessment marks and as such, there is no merit in the petition and the same is liable to be dismissed. 6. Learned counsel for Respondent-RGUHS fairly submits that if the internal assessment marks of Petitioner No.2 are taken into account and considered, the petitioner would be entitled to be declared as 'pass' in the examination. 7. A perusal of the aforesaid facts and circumstances and the undisputed material on record will indicate that it is an undisputed fact and a matter of record that the petitioner had appeared in the internal assessment examination and had secured marks as stated in the table above as stated hereinbefore and if the said internal assessment marks are added to the marks obtained by the Petitioner No.2-Student in the theory papers, the Petitioner No.2-Student would be entitled to - 6 - HC-KAR NC: 2025:KHC:51842 WP No. 36510 of 2025 be declared as having passed in first year PB BSc., Nursing. It is needless to state that on account of the delay on the part of the Petitioner No.1-Institution in uploading the internal assessment marks of Petitioner No.2-Student, Petitioner No.2-Student cannot be penalized and declared as having been failed despite the fact that she has actually passed in the examination. Under these circumstances, by adopting justice orientated approach and in order to substantial justice, I deem it just and appropriate to dispose of this petition by issuing certain directions in this regard. 8. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) Petitioner No.1-Institution is directed to upload the internal assessment (IA) marks in the web portal of the Respondent-University pertaining to first year PB BSc., Nursing of Petitioner No.2-Student immediately without any delay. - 7 - HC-KAR NC: 2025:KHC:51842 WP No. 36510 of 2025 (iii) Immediately thereafter, the respondent – RGUHS is directed to declare the revised results of Petitioner No.2- Student as having passed and permit Petitioner No.2- Student to appear in the second year final examination of PB BSc., Nursing scheduled to be commencing from 12.12.2025. 9. Learned counsel for Respondent-RGUHS is directed to communicate this order to the Respondent- University forthwith to enable declaration of results afresh and to enable the Petitioner No.2-Student to appear in the second year final examination of PB BSc., Nursing scheduled to be commencing from 12.12.2025. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH/SRL List No.: 1 Sl No.: 15