IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34041 OF 2025 (EDN-RES)

BETWEEN:

DR. SAHANA G SHATAGAR, D/O MR. GULAPPA SHATAGAR, AGED ABOUT 29 YEARS, POST GRADUATE STUDENT, M.D. (GENERAL MEDICINE), J.J.M. MEDICAL COLLEGE, MCC B BLOCK, NIJALINGAPPA LAYOUT, DAVANAGERE- 577 002.

…PETITIONER (BY SRI. ABHISHEK MALIPATIL., ADVOCATE)

AND:

1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, REP. BY ITS REGISTRAR (EVALUATION), Digitally signed by 4^TH 'T' BLOCK, JAYANAGAR, SHARADAVANI BENGALURU- 560 041.

B Location: HIGH

2. NATIONAL MEDICAL COMMISSION COURT OF KARNATAKA UNDERGRADUATE MEDICAL EDUCATION BOARD, POCKET-14, SECTOR-8, DWARAKA PHASE-1, NEW DELHI- 110077.

REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI.VIKRAM HUILGOL, SR.COUNSEL APPEARING FOR SMT.MAMATHA KULKARNI, ADVOCATE FOR R1;

SRI. H.R.SHOWRI, ADVOCATE FOR R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-UNIVERSITY TO CONDUCT AN ADDITIONAL EVALUATION OF THE PETITIONER'S ANSWER PAPER III OF THE SUBJECT M.D.- GENERAL MEDICINE OF THE P.G MEDICAL EXAMINATION OF SEPTEMBER 2025, BY APPOINTING TWO NEW EXAMINERS OTHER THAN THOSE WHO EVALUATED EARLIER, IN ACCORDANCE WITH ITS REGULATIONS AND TO DECLARE THE RESULT BASED ON THE ADDITIONAL EVALUATION., 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 conduct an additional evaluation of the Petitioner's Answer Paper III of the subject M.D. General Medicine of the P.G Medical Examination of September 2025, by appointing two new examiners other than those who evaluated earlier, in accordance with its regulations and to declare the result based on the additional evaluation; and ii. Direct the Respondent-University to publish the revised result of the Petitioner expeditiously, within a time frame fixed by this Hon'ble Court, in the interests of justice and equity; and iii. Declare that the Registrar (Evaluation), being a statutory authority under the RGUHS Act, possesses the power and is under a duty to exercise such discretion in cases involving apparent evaluation errors or exceptional hardship, and that his refusal to do so in the present case amounts to non-exercise of jurisdiction and arbitrary inaction;

and iv. To direct the Registrar (Evaluation), RGUHS, to exercise the discretion vested in him to order re-evaluation or additional evaluation in exceptional cases of manifest error, including that of the Petitioner herein, in accordance with the principles of fairness, equity, and uniformity; and 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.D. (General Medicine) 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.4 57 TOTAL 201/400

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 marks of 201 has also been obtained by the petitioner by adding up the marks secured by her 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 p