IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF NOVEMBER, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

REVIEW PETITION NO.53 OF 2024

BETWEEN:

MS. SHEETHAL S PATIL

D/O MR. SHIVA MURTHY N.

AGED ABOUT 23 YEARS

UNI REG No.18M4278

STUDYING MBBS COURSE FROM

S S INSTITUTE OF MEDICAL SCIENCES

AND RESEARCH OF CENTRE

S O G COLONY RAMANAGARA

DAVANAGERE-577 003

...PETITIONER

(BY SRI. MADHUKAR M. DESHPANDE, ADVOCATE)

AND:

1 . RAJIV GANDHI UNIVERSITY OF

HEALTH SCIENCES

4^TH T BLOCK, JAYANAGAR

BENGALURU-560 041 REPRESENTED BY ITS

VICE-CHANCELLOR

2 . REGISTRAR (EVALUATION)

RAJIV GANDHI UNIVERSITY OF

HEALTH SCIENCES

4^TH T BLOCK, JAYANAGAR

BENGALURU-560 041

REPRESENTED BY ITS VICE CHANCELLOR

3 . S S INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE S O G COLONY RAMANAGARA DAVANAGERE-577 003 BY ITS DEAN/PRINCIPAL

4 . NATIONAL MEDICAL COMMISSION PACKET-14, SECTION-8 DWARAKA PHASE-1 NEW DELHI-110 077 BY ITS SECRETARY ...RESPONDENTS (BY SRI. SACHIN B.S., ADVOCATE FOR R1 & R2;

SRI. N. KHETTY, ADVOCATE FOR R4;

R3 - SERVED)

THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER XLVII RULE 1 OF CPC, 1908, PRAYING TO REVIEW THE ORDER DATED 12.01.2024 PASSED BY THIS COURT IN W.A. No.1593 OF 2023 (EDN-RES) AND ALLOW THE ABOVE REVIEW PETITION.

THIS REVIEW PETITION HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 29.10.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

CAV JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This Review Petition is filed to review the judgment dated 12.01.2024, passed by this Court in Writ Appeal No.1593/2023 (EDN-RES).

2. We have heard Shri. Madhukar M. Deshpande, learned counsel appearing for the review petitioner, Shri. B.S Sachin, learned counsel appearing for respondents No.1 and 2 and Shri. N. Khetty, learned counsel appearing for respondent No.4.

3. The learned counsel appearing for the review petitioner contends that the Division Bench of this Court proceeded based on the learned Single Judge's observation that the appellant did not have the required 75% attendance. However, this finding is contrary to the record. The certificate dated 19.10.2022 issued by the respondent - College confirms that the petitioner completed Phase II online classes and there is no assertion from the respondents that the required attendance was lacking. The respondent's contention that passing the 1^st MBBS Examination is mandatory for continuation in the 2^nd year overlooks the fact that the appellant has completed the requisite classes, obtained the college certificate and appeared for the 1^st MBBS Examination. The Court relied on the observation regarding attendance without considering the certificate and documents placed on record. The judgment of Bombay High Court in Ravi Shinde and others v. Medical Council of India and another reported in (2008) 2 MhLJ 746, relied on by the Division Bench of this Court has no application in the instant case.

4. The learned counsel appearing for respondent No.4/National Medical Commission, would, on the other hand, contend that the review petitioner was not entitled to be promoted to 2^nd MBBS since she has not passed the 1^st MBBS examination. It is submitted that the review petitioner having been admitted in the year 2018 took four years to complete 1^st MBBS course and the review petitioner could not be promoted to 2^nd MBBS course before the date of her passing 1^st MBBS examination which was in July 2022. The petitioner having passed 1^st MBBS course in July 2022 was required to complete 2^nd phase MBBS course of 18 months before being eligible to appear for the 2^nd phase MBBS Examination. Therefore, she would be eligible to appear for the 2^nd phase MBBS Examination only in December 2023. By an interim order dated 03.02.2023, the Court had permitted the petitioner to take up the 2^nd MBBS Examination scheduled on 04.02.2023 which w