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. 34621 OF 2025 (EDN-RES)

BETWEEN:

SRI VALLABH UDAY PATEL S/O UDAY MOHANABHAI PATEL AGED ABOUT 28 YEARS, R/AT NO.220, KIMS RESIDENCY QUARTERS, KIMS HOSPITAL, V V PURAM BANGALORE- 560 004 …PETITIONER (BY SRI. MANJUNATH K V., ADVOCATE)

AND:

1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4^TH T BLOCK, JAYANAGAR BENGALURU- 560 041 REPRESENTED BY ITS REGISTRAR Digitally signed by SHARADAVANI B 2. THE REGISTRAR EVALUATION Location: High RAJIV GANDHI UNIVERSITY Court of Karnataka OF HEALTH SCIENCE

4^TH T BLOCK, JAYANAGAR BENGALURU- 560 041

3. NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8, DWARAKA PHASE-1, NEW DELHI- 110077.

REPRESENTED BY ITS SECRETARY.

…RESPONDENTS (BY SRI. VIKRAM HUILGOL, SR.COUNSEL 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 ROUND OFF THE MARKS OF THE PETITIONER IN THE CONCERNED PAPER WHERE THE PETITIONER FAILED, CONSIDERING THAT THE PETITIONER'S AGGREGATE MARKS ARE SUBSTANTIALLY ABOVE THE MINIMUM REQUIREMENT OF 200 MARKS, AND CONSEQUENTLY, DECLARE THE PETITIONER AS PASSED IN THE SAID EXAMINATION., 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 round off the marks of the petitioner in the concerned paper where the petitioner failed, considering that the petitioner's aggregate marks are substantially above the minimum requirement of 200 marks, and consequently, declare the petitioner as passed in the said examination.

ii. Issue a writ or order or direction in the nature of mandamus directing the Respondent- University to conduct fresh valuation of the subject theory paper-III Examinations of September -2025 undertaken by the petitioner with Reg.No.22MO260 by subjecting the answer scripts to be evaluated by an independent evaluators and thereafter to re-

compute the results afresh vide Annexure-D.

iii. Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice.

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.S. (Obstetrics and Gynaecology) 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:

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 202 has also been obtained by the petitioner by adding up the marks secured by him 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 marks of '35' while the second evaluator gave passing '42' marks. The aggregate/average of which came to '39', which was lesser than the minimum passing marks of '40' as required in each individual paper.

5. It is the grievance of the petitioner that though the petitioner obtained aggregate/overall marks of '202', which entitled her to become eligible to pass the examination, since the petitioner obtained an average/ aggregate of '39' marks in Theory