DR. ANUGA BENNY v. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
WP/35933/2025 · 2025-12-12
S R Krishna Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88293 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88293 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52869 WP No. 35933 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 35933 OF 2025 (EDN-RES) BETWEEN:
1.
DR. ANUGA BENNY D/O BENNY JOSEPH, AGED ABOUT 30 YEARS, R/A 2ND CROSS, MISSION COMPOUND, SHIVAMOGGA - 577 201 …PETITIONER (BY SRI. RAGHAVENDRA A.S., ADVOCATE) AND:
1.
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES BY ITS REGISTRAR (EVALUATION), 4TH T BLOCK EAST, PATTABHIRAMA NAGAR, JAYANAGAR, BENGALURU, KARNATAKA - 560 041
2.
NATIONAL MEDICAL COUNCIL, POCKET-14, DWARAKA PHASE-I, NEW DELHI - 110 077.
REPRESENTED BY ITS REGISTRAR, …RESPONDENTS (BY SMT. MAMATHA KULKARNI, ADVOCATE FOR R1;
SRI. SHOWRI H.R., ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:52869 WP No. 35933 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI OR ANY OTHER SUCH APPROPRIATE WRIT, QUASHING THE VALUATION OF THE PRACTICAL ANSWER BOOKLET IN THE SUBJECT PEDIATRICS IN RESPECT OF THE PETITIONER OF THE EXAMINATIONS OF SEPTEMBER 2025, VIDE ANNEXURE-A, AS IT IS IN VIOLATION OF GUIDELINES TO CONDUCT OF CLINICAL EXAMINATIONS FOR MD EXAMINATIONS OF 2024 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 seeks the following reliefs:
"i. Issue a writ or order in the nature of certiorari or any other such appropriate writ, quashing the valuation of the Practical Answer Booklet in the subject 'Pediatrics in respect of the Petitioner of the Examinations of September 2025, vide ANNEXURE-A, as it is in violation of "Guidelines to Conduct of Clinical Examinations for MD examinations of 2024"; and ii. Issue a writ or order in the nature of mandamus directing the Respondent to re-conduct the practical/clinical component of the subject 'Pediatrics' in respect of Petitioner by appointing four examiners who have not earlier evaluated
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HC-KAR NC: 2025:KHC:52869 WP No. 35933 of 2025 the Petitioner in a neutral venue, strictly in terms of Regulation 13 of the graduate Medical Education Regulations, 1997. iii. Issue a writ of mandamus or any other appropriate writ,
order or direction directing the Respondent Authority to incorporate, adopt and carry forward the Guidelines of 2020 into the Guidelines of 2024, and to strictly follow the same in letter and spirit. iv. Issue any other appropriate Writ, order or direction as this Hon'ble Court may deem fit to meet the ends of justice and equity."
2. Heard the learned counsel for the petitioner, learned counsel for the respondents and perused the material on record.
3. After arguing the matter for sometime, learned counsel for the petitioner submits that the petitioner would submit a representation to respondent No.1, who may be directed to consider the same and take appropriate decision / pass appropriate orders within a stipulated time frame.
4. It is submitted that upon respondent No.1 taking appropriate decision / passing appropriate orders as stated supra,
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HC-KAR NC: 2025:KHC:52869 WP No. 35933 of 2025 the petitioner may be reserved liberty to take recourse to such remedies as available in law including approaching this Court, subsequently, if the occasion so arises.
5. The said submission is placed on record.
6. The petition stands disposed of reserving liberty in favour of the petitioner to submit a representation to respondent No.1 ventilating her grievances.
7. If such a representation along with relevant documents are submitted to respondent No.1, respondent No.1 shall consider the same and take appropriate decision / pass appropriate orders in accordance with law, within a period of one week from the date of submission of the said representation.
8. In addition there to, liberty is reserved in favour of the petitioner to take recourse to such remedies as available in law including approaching this Court, subsequently, if the occasion so arises.
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HC-KAR NC: 2025:KHC:52869 WP No. 35933 of 2025
9. Subject to the aforesaid directions and liberty reserved in favour of the petitioner, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 11 CT:SG