- 1 - HC-KAR NC: 2025:KHC:50502 WP No. 34621 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34621 OF 2025 (EDN-RES) BETWEEN: SRI VALLABH UDAY PATEL S/O UDAY MOHANABHAI PATEL AGED ABOUT 28 YEARS, R/AT NO.220, KIMS RESIDENCY QUARTERS, KIMS HOSPITAL, V V PURAM BANGALORE- 560 004 …PETITIONER (BY SRI. MANJUNATH K V., ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR BENGALURU- 560 041 REPRESENTED BY ITS REGISTRAR 2. THE REGISTRAR EVALUATION RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK, JAYANAGAR BENGALURU- 560 041 3. NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8, DWARAKA PHASE-1, NEW DELHI- 110077. REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. VIKRAM HUILGOL, SR.COUNSEL FOR SMT. MAMATHA KULKARNI, ADVOCATE FOR R1; SRI. H.R.SHOWRI, ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50502 WP No. 34621 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENT UNIVERSITY TO ROUND OFF THE MARKS OF THE PETITIONER IN THE CONCERNED PAPER WHERE THE PETITIONER FAILED, CONSIDERING THAT THE PETITIONER'S AGGREGATE MARKS ARE SUBSTANTIALLY ABOVE THE MINIMUM REQUIREMENT OF 200 MARKS, AND CONSEQUENTLY, DECLARE THE PETITIONER AS PASSED IN THE SAID EXAMINATION., AND 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, the petitioner has sought for the following reliefs: i. Issue a Writ of Mandamus or any other appropriate writ, order, or direction directing the Respondent-University to round off the marks of the petitioner in the concerned paper where the petitioner failed, considering that the petitioner's aggregate marks are substantially above the minimum requirement of 200 marks, and consequently, declare the petitioner as passed in the said examination. ii. Issue a writ or order or direction in the nature of mandamus directing the Respondent- University to conduct fresh valuation of the subject theory paper-III Examinations of September -2025 undertaken by the petitioner with Reg.No.22MO260 by subjecting the answer scripts to be evaluated by - 3 - HC-KAR NC: 2025:KHC:50502 WP No. 34621 of 2025 an independent evaluators and thereafter to re- compute the results afresh vide Annexure-D. iii. Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice. v. Grant such other reliefs as this Hon'ble Court may deem fit in the circumstances of the case. 2. Perusal of the material on record will indicate that the petitioner is a student of M.S. (Obstetrics and Gynaecology) course in the first Respondent-University, which conducted an examination in September, 2025. In the said examinations, the details of the marks secured by the petitioner are as under: Theory paper No.1 54 Theory paper No.2 55 Theory paper No.3 39 Theory paper No.4 54 TOTAL 202/400 3. It is needless to state that the petitioner has obtained pass marks in Theory Paper Nos.1, 2 and 4 as indicated above. Further, the aggregate/overall pass - 4 - HC-KAR NC: 2025:KHC:50502 WP No. 34621 of 2025 marks of 202 has also been obtained by the petitioner by adding up the marks secured by him in all the four papers. 4. It is a matter of record and an undisputed fact that two Evaluators are appointed to conduct evaluation in respect of each paper as per Regulation 8.4 of the Post Graduate Medical Education Regulations, 2023 (PGMER- 2023) issued by the second respondent-National Medical Commission. Insofar as Theory Paper No.3 is concerned, two Evaluators conducted evaluation of the petitioner's examination in which one Evaluator gave marks of '35' while the second evaluator gave passing '42' marks. The aggregate/average of which came to '39', which was lesser than the minimum passing marks of '40' as required in each individual paper. 5. It is the grievance of the petitioner that though the petitioner obtained aggregate/overall marks of '202', which entitled her to become eligible to pass the examination, since the petitioner obtained an average/ aggregate of '39' marks in Theory Paper No.3, the - 5 - HC-KAR NC: 2025:KHC:50502 WP No. 34621 of 2025 Respondent-University is refusing to conduct additional valuation and as such, the petitioner is before this Court by way of the present petition. 6. Per contra, Shri.Vikram Huilgol, learned Senior counsel appearing for the first Respondent-Rajiv Gandhi University of Health Sciences and Shri.H.R.Showri, learned counsel appearing for the second Respondent-National Medical Commission Undergraduate medical Education Board jointly submit that having regard to Regulation 8.4(b) of the aforesaid Regulations, valuation by a third valuator is permissible only if the difference between two valuations is minimum of 15% or more of the total marks prescribed for the paper and in the absence thereof, the question of directing third evaluation would not arise and the present petition is liable to be dismissed. 7. I have given my anxious consideration to the rival submissions and perused the material on record. - 6 - HC-KAR NC: 2025:KHC:50502 WP No. 34621 of 2025 8. A perusal of the undisputed material on record, in particular, the marks secured by the petitioner in the four individual Theory Paper Nos.1, 2 and 4 will indicate that the petitioner had obtained/secured pass marks of 54, 55 and 54 respectively; so also, insofar as Theory Paper No.3 is concerned, while the second valuator has granted '42' marks in favour of the petitioner, which is sufficient to pass the petitioner in Theory Paper No.3, the first valuator has granted '35' marks, as a result of which, the aggregate of marks secured by the petitioner for Theory Paper No.3 would come to '39', which is one mark lesser than the minimum pass marks of '40' to be obtained for passing Theory Paper No.3. However, having regard to the fact that sum total/aggregate of the marks obtained by the petitioner in all four papers would come to '202', which is sufficient to make the petitioner pass in the said examination coupled with the fact that one of the Evaluators has already granted '40' marks in favour of the petitioner even in relation to Theory Paper No.3, in order - 7 - HC-KAR NC: 2025:KHC:50502 WP No. 34621 of 2025 to do substantial justice and on the grounds of equity, I deem it just and appropriate to exercise my jurisdiction/ powers under Article 226 of the Constitution of India and direct the first respondent-University to refer Theory Paper No.3 of the petitioner to a third Evaluator and take the average of the best two total marks awarded by the three Evaluators for the paper rounded off to the nearest integer (whole number) for the purpose of final computation of result and announce the results of the evaluation within a stipulated time frame and in accordance with law. 9. Insofar as the contention urged by the respondents that Regulation 8.4(b) permits reference to a third Evaluator only in the event of there being a difference of minimum 15% and more of the total marks prescribed for the paper is concerned, having regard to the finding recorded by me herein before that the petitioner having obtained pass marks upon taking the aggregate/ sum total of all the marks together and since the petitioner has obtained '202' marks, which is sufficient to make her - 8 - HC-KAR NC: 2025:KHC:50502 WP No. 34621 of 2025 pass, coupled with the fact that one of the Evaluators in respect of Theory Paper No.3 has already granted the pass marks of '42' in favour of the petitioner and the fact that this Court deems it fit to exercise its jurisdiction/ powers under Article 226 of the Constitution of India and by applying the principles of justice, equity and good conscience and in order to do substantial justice, the said contention urged by the respondents cannot be accepted. 10. In the result, I pass the following: ORDER i) The Writ Petition is hereby allowed. ii) Respondent No.1-Rajiv Gandhi Unversity of Health Sciences, Jayanagar, Bengaluru is directed to refer Theory Paper No.3 written by the petitioner to a third Evaluator and announce the result, in terms of Regulation 8.4(b) of the Post Graduate Medical Education Regulations, - 9 - HC-KAR NC: 2025:KHC:50502 WP No. 34621 of 2025 within a period of three weeks from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH List No.: 1 Sl No.: 12