- 1 - HC-KAR NC: 2025:KHC:41962-DB RP No. 102 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REVIEW PETITION NO. 102 OF 2025 BETWEEN: DR. RAJESH KUMAR D S/O LATE PREMNATH AGED ABOUT 35 YEARS IN-SERVICE PG RESIDENT SDS AND TRC, RAJIV GANDHI INSTITUTE OF CHEST MEDICINE SOMESHWARA NAGAR BEHIND NIMHANS BENGALURU-560 029. …PETITIONER (BY SRI. P. P. HEGDE, SENIOR ADVOCATE FOR SRI. ASHOKA T., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION VIKASA SOUDHA, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY. 2. DIRECTORATE OF MEDICAL EDUCATION BMCRI PREMISES BENGALURU-560 002, REPRESENTED BY ITS DIRECTOR. 3. KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESWARAM, BENGALURU-560 012 REPRESENTED BY ITS EXECUTIVE DIRECTOR. Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:41962-DB RP No. 102 of 2025 4. NATIONAL MEDICAL COMMISSION (ERSTWHILE MEDICAL COUNCIL OF INDIA) POCKET-14, SECTOR-8, DWARAKA NEW DELHI-110 007 REPRESENTED BY ITS SECRETARY. 5. SRI. JAYADEVA INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH JAYANAGAR, 9TH BLOCK BANNERGHATTA ROAD BANGALORE-560 069 REPRESENTED BY ITS DIRECTOR. 6. PRADEEP NAIK G III YEAR MD RESPIRATORY MEDICINE SDS AND TRC, RAJIV GANDHI INSTITUTE OF CHEST MEDICINE SOMESHWARA NAGAR BEHIND NIMHANS, BENGALURU-560 029. 7. SDS TUBERCULOSIS RESEARCH CENTER AND RAJIV GANDHI UNIVERSITY OF CHEST DISEASES SOMESHWARA NAGAR DHARMAM COLLEGE POST 1ST MAIN ROAD NEAR NIMHANS, BANGALORE-560 029 REPRESENTED BY ITS DIRECTOR. 8. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS CHANCELLOR, 30TH CROSS, OPP TO SAGAR HOSPITAL, 4TH T BLOCK EAST, PATTABIRAMANAGAR, JAYANAGAR, BENGALURU 560 041. …RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA FOR R1 & R2; SMT. PRAMODHINI KISHAN., ADVOCATE FOR R3) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CIVIL PROCEDURE CODE, 1908, PRAYING TO REVIEW THE ORDER DATED 25.01.2025 IN WP. NO.32729/2024 AND ALLOW WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:41962-DB RP No. 102 of 2025 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This review petition is filed by the petitioner seeking to review the order dated 25.01.2025 passed by this Court in W.P.No.32729/2024. 2. We have heard the learned Senior counsel appearing for the review petitioner as instructed by the learned counsel. 3. It is the specific contention of the learned Senior counsel for the review petitioner that the admission given to respondent No.6 was clearly illegal and that the interim order granted by this Court specifically stated that the admission of respondent No.6 would be subject to the final outcome of the writ petition and that no equities should be claimed. It is further contended that National - 4 - HC-KAR NC: 2025:KHC:41962-DB RP No. 102 of 2025 Medical Commission (NMC) had specifically stated that the admission of respondent No.6 could not be regularized. It is submitted that thereafter the action of the NMC in regularizing the admission of respondent No.6 as against a vacancy which had occurred in M.D. Respiratory Medicine was illegal and that the said admission should not have been regularized. 4. We have considered the contentions advanced and we also notice that these aspects of the matter were specifically considered by this Court while deciding the writ petition. Further we notice that the fact that respondent No.6 had continued his course and that there was a clear vacancy available on account of a student admitted under the All India Quota leaving the course within a few months had also been noticed by the NMC as well as by this Court. We also notice that the petitioner has been re-admitted pursuant to the orders of this Court and is continuing his course. - 5 - HC-KAR NC: 2025:KHC:41962-DB RP No. 102 of 2025 5. In the above view of the matter, we notice that no grounds have been raised in the review petition justifying review of the judgment. There is no error apparent on the face of the record in the judgment under review. The review petition therefore, fails and the same is accordingly dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 1