Rounding off examination marks must favor students to ensure they are not unduly penalized, in alignment with provisions aimed at fairness.

ORDER :

S.R.KRISHNA KUMAR, J.

In this petition, petitioner seeks the following reliefs:

“a) A writ in the nature of certiorari to quash the impugned Endorsement in No.RGUHSB/LEG/WP/249/2025 dated 10.10.2025 vide Annexure-‘N’ issued by the Respondent University;

b) A writ in the nature of mandamus, order or direction, directing the Respondent University to round off Theory Paper-I at 40.12 to 41, Theory Paper-II at 50.25 to 51 and Theory Paper – IV at 52.75 to 53 in the examination of the discipline in MD Ayurveda Samhita & Siddhant [RS3] conducted on March 2025 and further pleased to directed to round off the total average marks to 200 instead of 196 out of 400 and declare the result of the petitioner as “ Pass” ;

c) A writ in the nature of mandamus, order or direction, directing the respondent University to consequent to declaring the result of the petitioner as pass, to issue fresh marked card;

d) Grant such other writs or orders or direction as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.”

2. The petitioner having joined a Government Ayurveda Medical College and Hospital, Mysore, for Post Graduate (MD) course (RS3) for the academic year 2021-22, appeared for final year MD Ayurveda (Samhita & Siddhanta) Examination held during 04.03.2025 and 12.03.2025. In the said examinations, the petitioner obtained / secured the following marks in the Theory papers as hereunder:-

The petitioner is entitled to 5 (five) grace marks, despite which, the total marks obtained by the petitioner would come to 199 (194 + 5) which still be short of the minimum passing marks of 200 (50%) out of the total marks, which are 400. Under these circumstances, the respondent declared the results of the petitioner on 03.04.2025 as having failed.

3. The petitioner having submitted a representation dated 11.07.2025 to the respondent, who did not consider the same and petitioner approached this Court in W.P.No.25930/2025 which was disposed of vide final order dated 22.09.2025 directing the respondent to consider the representation and pass appropriate orders as hereunder:-

“The petitioner who is a student of final year MD Ayurveda, is before this Court seeking writ of mandamus directing the respondent - University to round off the theory paper-I marks from 40.12 to 41, Theory Paper-II marks from 50.25 to 51 and Theory Paper - IV from 52.25 to 53 in the examinations that were held during March 2025. The petitioner is also seeking a writ of mandamus directing the respondent - University to consider the representation given by the petitioner at Annexure - G dated 11.07.2025.

2. Learned counsel for the respondent-University, however, brought to the notice of this Court a recent decision of a Division Bench of this Court in the case of Rajiv Gandhi University of Health Sciences vs. Dr. K. Sree Laxmi and another and connected matters in Writ Appeal No.448/2025 which was rendered on 26.06.2025. Learned counsel further submits that the Hon'ble Division Bench held that the benefit given by this Court in the case of Dr. Guruprasad vs. Rajiv Gandhi University in W.P. No.11348/2020 was on the basis of the circumstances prevailing then i.e., COVID - 19. It was further held that, stipulation 5 states that there is no grace marks permitted in PG examination either for Theory or for Practical. It was held that the relief which has been granted by the learned single Judge is to round off the percentage to 50 percent, which in effect means that the same shall have the effect of granting grace marks for the candidates to reach 50 percent which is impermissible. Such direction would amount to reading into the regulations what is not provided for and it would amount to re-writing the regulations by the Court, which is clearly impermissible in law.

3. How