- 1 - HC-KAR NC: 2026:KHC-D:304 WP No. 101051 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 101051 OF 2025 (EDN-EX) BETWEEN: DR. YADAV SWATI ANILKUMAR AGED ABOUT 30 YEARS, OCC: STUDENT, RAJIV GANDHI EDUCATION SOCIETY’S, AYURVEDIC MEDICAL COLLEGE, RON-582209, DIST: GADAG. …PETITIONER (BY SRI. ARAVIND D.KULKARNI, ADVOCATE) AND: 1. REGISTRAR, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE KARNATAKA, 4TH T BLOCK, JAYANAGAR, BANGALORE-560041. 2. RAJIV GANDHI EDUCATION SOCIETY’S AYURVEDIC MEDICAL COLLEGE AND HOSPITAL, GADAG ROAD, RON-582209, DIST: GADAG. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.28 10:25:50 +0530 - 2 - HC-KAR NC: 2026:KHC-D:304 WP No. 101051 of 2025 3. NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, MINISTRY OF AYUSH, GOVT. INDIA, OFFICE: 61-65, INSTITUTIONAL AREA, JANAKPURI, D-BLOCK, NEW DELHI-110058, REP. BY CHAIR PERSON, EX-OFFICIO. …RESPONDENTS (BY SRI. AVINASH BANAKAR, ADVOCATE FOR R1 AND R2; SRI. AVINASH ANGADI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI AND TO DECLARE THE REVISED NOTIFICATION NO. RGU/REG (E)/167 SYN 2022-23 DATED 16/08/2022 ISSUED BY RESPONDENT NO. 1 ANNEXURE-H AS DISCRIMINATORY IN NATURE AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA IN SO FAR AS ITS APPLICABILITY ONLY TO AY 2014-15, 2015-16 AND 2016-17, IS CONCERNED AND IN SO FAR AS PETITIONER IS CONCERNED AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:304 WP No. 101051 of 2025 ORAL ORDER The petitioner is before this Court seeking for the following reliefs; i) To issue writ in the nature of certiorari and to declare the Revised Notification No. RGU/REG (E)/167 Syn 2022-23 dated 16.08.2022 issued by Resp No-1 Annexure-H as discriminatory in nature and violative of Article 14 of the Constitution of India in so far as its applicability only to AY 2014-15, 2015- 16 and 2016-17, is concerned; & in so for as petitioner is Concerned. ii) issue a writ of Mandamus or any other writ order or direction to Respondent No.1 to consider representations dated 27/01/2025 b.n. RGES/AMC&H/RGUHS/2024-25/1137 and 28/01/2025 which are produced as Annexure- E and F respectively and permit the petitioner to appear for the Final Year P G Course examination in Ayurveda, scheduled to commence from 04/03/2025; consequently, permit Petitioner to conclude the entire P G course in Ayurveda; - 4 - HC-KAR NC: 2026:KHC-D:304 WP No. 101051 of 2025 iii) issue such other writ order or direction as deemed fit by this Hon'ble Court to meet the ends of justice.” 2. The petitioner joined the Post Graduation course for the academic year 2017-18. As per the regulations framed by respondent No.1-Rajiv Gandhi University of Health Sciences, the course of 3 years is required to be completed within maximum period of 6 years. Accordingly, the petitioner was entitled to complete the course by the academic year 2023-24. 3. Learned counsel on both sides submit that issue involved in this writ petition is squarely covered by the decision of the Co-ordinate Bench of this Court in the case of Dr.Sayuj Paul M.K., Vs. Rajiv Gandhi University of Health Sciences1 (Dr.Sayuj Paul M.K.). This Court in Dr.Sayuj Paul M.K., has held at paragraph No.22, 23 and 24 as under; 1 WP No.19097/2024 D.D 21.10.2024 - 5 - HC-KAR NC: 2026:KHC-D:304 WP No. 101051 of 2025 “22. The notification clearly and categorically indicates that there could be three more chances over and above the mercy chances. I am of the considered opinion that these three chances would have to be granted to the students who have not cleared their course even post the notification dated 15.12.2021. 23. Insofar as the contention of Ms.Mansi Kumar that the said notification applies only to undergraduate students and not to postgraduate students, as observed above, I am unable to accept the said submission since the COVID-19 pandemic did not distinguish between undergraduate students and postgraduate students nor can Respondent No.2 do so on that basis. The maximum number of attempts being enhanced by three more chances by the notification dated 15.12.2021, in my considered opinion would equally apply to both undergraduate and postgraduate students. 24. The petitioner therefore would have three more chances post the completion of the year 2022-23, which ended with the supplementary examination conducted in March-2024, for which examination was to be conducted in - 6 - HC-KAR NC: 2026:KHC-D:304 WP No. 101051 of 2025 October-2023 and as such I am of the opinion that the petitioner would be entitled to the relief which had been sought for. As such, I pass the following; ORDER i. The writ petition is allowed. ii. A mandamus is issued, the petitioner would be entitled for three additional attempts including the supplementary attempts. iii. The first attempt has already been permitted to be taken up by the petitioner by virtue of the interim order dated 19.7.2024. iv. The respondents are directed to announce the results of the examination taken up by the petitioner in the month of July-2024. In the event of the petitioner not being successful in the said examination, he would be entitled to take up the supplementary examination to be held by respondent No.1, which shall be treated as the second attempt and in the event of the petitioner not succeeding in that also, he would be entitled to one more attempt in all three attempts. - 7 - HC-KAR NC: 2026:KHC-D:304 WP No. 101051 of 2025 v. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of.” 4. In the said decision, the Co-ordinate bench has categorically held that the additional chances granted pursuant to the notification dated 15.12.2021 issued in the back drop of COVID-19 pandemic, are applicable not only to the undergraduate students, but also to postgraduate students, and that such benefit cannot be denied on an artificial classification. * 5. The petitioner shall be entitled to two additional attempts in terms of the order passed in W.P. No.19097/2024 and the respondent shall permit the petitioner to avail the said attempts in accordance with law. 6. In view of the above undisputed factual position and in light of the decision in Dr.Sayuj Paul M.K’s case state supra, this Court is of the considered opinion the petitioner is entitled for the relief sought for. Corrected vide Court order dated 27.02.2026 Sd/- (KSHJ) - 8 - HC-KAR NC: 2026:KHC-D:304 WP No. 101051 of 2025 7. Accordingly, this Court pass the following; ORDER i. The Writ Petition is allowed. ii. The benefit of additional attempts, as recognized by this Court in Dr.Sayuj Paul M.K’s case stated supra shall apply to the petitioner. iii. * Pending application, if any, do not survive for consideration. Sd/- JUSTICE K.S.HEMALEKHA PJ/Ct:vh List No.: 1 Sl No.: 70 * Deleted vide Court order dated 27.02.2026 Sd/- (KSHJ)