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2026 DAILYLAW 46039 (KAR)

DR GAURAV BHATIA v. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

WP/1798/2024 · 2026-01-31

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5692 WP No. 1798 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 1798 OF 2024 (EDN-RES) BETWEEN: DR GAURAV BHATIA S/O MR MUKUL BHATIA AGED 35 YEARS UNI REG NO.18EX426 R/O NO.21, KAMLANAGAR, LALBAGH BURHANPUR, MADYA PRADESH-450331 …PETITIONER (BY SRI. GAURAV BHATIA - PETITIONER, (ABSENT)) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR BENGALURU-560041 REP. BY ITS VICE CHANCELLOR 2. THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5692 WP No. 1798 of 2024 JAYANAGAR BENGALURU-560070 3. DENTAL COUNCIL OF INDIA AIWAN -E-GALIB MARG, KOTLA ROAD TEMPLE LANE, NEW DELHI-110002 BY ITS SECRETARY …RESPONDENTS [BY SRI. GIRISH KUMAR R, ADVOCATE FOR R1 & R2 (VK NOT FILED) SRI. G.S. BHAT, ADVOCATE FOR R3] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE ORDINANCE GOVERNING POST GRADUATE, INCLUDING PG-DIPLOMA AND SUPER SPECIALITY ANSWER SCRIPTS EVALUATION VIDE NOTIFICATION DTD 29.03.2019 WITH NO.RGU/AUTH/140-SYN/117-6 (EXAM)/ 2018-19 ISSUED BY THE R2, PRODUCED AT ANNEXURE-E, ONLY IN SO FAR AS IT PERTAINS TO CONDUCT OF VALUATION OF THE PG-DENTAL (PAR I-MDS) EXAMINATIONS IS CONCERNED AND DIRECT THE R1 AND 2 TO RECOMPUTE THE RESULTS OF THE MDS - ORAL AND MAXILLOFACIAL SURGERY (RSS) - PART I EXAMINATION OF OCTOBER 2023 UNDERTAKEN BY THE PETITIONER BY CONSIDERING THE AVERAGE OF THE TWO HIGHEST MARKS FROM AMONGST THE 5 MARKS AWARDED SO AS TO SATISFY THE REQUIREMENT UNDER REGULATION 19 AND 22 OF THE DENTAL COUNCIL OF INDIA, MASTER OF DENTAL SURGERY COURSE REGULATIONS, 2017 AND TO ANNOUNCE THE RESULTS AFRESH, AND IN THE ALTERNATIVE TO DIRECT THE R1 AND 2 TO CONDUCT FRESH EVALUATION OF THE THEORY ANSWER PAPER OF MDS - ORAL AND MAXILLOFACIAL SURGERY (RSS) - PART I EXAMINATION OF OCTOBER 2023 UNDERTAKEN BY THE PETITIONER IN TERMS OF THE REGULATION 19 AND 22 OF THE DENTAL COUNCIL OF INDIA, MASTER OF DENTAL SURGERY COURSE REGULATIONS, 2017 AND TO ANNOUNCE THE RESULTS AFRESH. - 3 - HC-KAR NC: 2026:KHC:5692 WP No. 1798 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner appearing through an advocate as filed this petition seeking following relief: (i) quash the Ordinance governing Post Graduate, including PG-Diploma and super-speciality answer scripts evaluation vide notification dated 29.03.2019 with No.Rgu/Auth/140- Syn/117-6 (exam) / 2018-19 issued by respondent No.2, produced at Annexure-E, only insofar as it pertains to conduct of valuation of the PG- Dental (Par I-MDS) examinations is concerned and (ii) direct respondent Nos.1 and 2 to re- compute the results of the MDS - oral and maxillofacial surgery (RSS) - Part I examination of October 2023 undertaken by the petitioner by considering the average of the two highest marks from amongst the 5 - 4 - HC-KAR NC: 2026:KHC:5692 WP No. 1798 of 2024 marks awarded so as to satisfy the requirement under regulation 19 and 22 of the Dental Council of India, Master of Dental Surgery Course Regulations, 2017 and to announce the results afresh, and in the alternative to (iii) direct respondent Nos.1 and 2 to conduct fresh evaluation of the theory answer paper of MDS - oral and maxillofacial surgery (RSS) - Part I examination of October 2023 undertaken by the petitioner in terms of the Regulations 19 and 22 of the Dental Council of India, Master of Dental Surgery Course Regulations, 2017 and to announce the results afresh.” 2. Learned counsel for the petitioner was permitted to retire from the case vide order dated 17.02.2024, on which date, the petitioner has undertaken to engage the service of another counsel by the next date of hearing. - 5 - HC-KAR NC: 2026:KHC:5692 WP No. 1798 of 2024 3. From the perusal of the relief sought in the writ – petition, it is clear that, by efflux of time the writ petition has rendered infructuous. 4. Hence, the writ petition is dismissed as having rendered infructuous. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 2 Sl No.: 9