THE HIGH COURT OF KARNATAKA
ASHOK S.KINAGI, J
MS VAISHNAVI VIJAY – Appellant
Versus
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES – Respondent
WRIT PETITION NO. 36115 OF 2025 (EDN-RES) | WRIT PETITION NO. 2139 OF 2026 (EDN-RES)
| Table of Content |
|---|
| 1. jurisdiction for revaluation petitions arises from university regulations. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. university's adherence to evaluation guidelines validates the ordinance. (Para 7 , 8 , 9 , 17) |
| 3. contention against the ordinance's legality is presented. (Para 10 , 16 , 18) |
| 4. the court confirms compliance with dci regulations. (Para 29 , 30 , 31) |
| 5. the writ petitions are dismissed with confirmation of ordinance's validity. (Para 39) |
ORAL ORDER
1. The petitioners have filed these writ petitions seeking following reliefs :
In WP No.36115 of 2025:
(i) “To declare that the procedure adopted by RGUHS to conduct only one revaluation under the ordinance dated 05.09.2022 with No.RGU / Auth / 24th Con / Synd / 04 / 2022-23 vide Annexure- C; in so far as it pertains to the BDS Course is illegal, arbitrary, and contrary to DCI Regulations, and
(ii) issue a writ in the nature of certiorari, quashing the impugned revaluation result in the subjects “General Pathology and Microbiology” and “General and Dental Pharmacology and Therapeutics” of the II BDS examinations of October 2025 vide Annexure-B; undertaken by the petitioner as illegal, arbitrary and contrary to the mandatory provisions of the BDS Course Regulations, 2007 framed by the Dental Council of India, and
(iii) Issue a writ in the nature of mandamus directing the respondent Rajiv Gandhi University of Health Sciences to conduct fresh revaluation of the petitioner’s answer script in the subjects “General Pathology And Microbiology” and “General and Dental Pharmacology and Therapeutics” of the II BDS examinations of October 2025 by not less than two independent and duly qualified examiners, strictly in accordance with the BDS Course Regulations, 2007 and
(iv) Issue a writ in the nature of mandamus directing respondent No.1 Rajiv Gandhi University of Health Sciences to award the average of the marks awarded by the two revaluation examiners and to reconsider and revise the petitioner’s result; accordingly, and to publish the same.
In WP No.2139 of 2026:
(i) issue a writ in the nature of mandamus, declaring that the procedure adopted by RGUHS to conduct only one revaluation under the Ordinance dated 05.09.2022 with No.RGU / Auth / 24th Con / Synd / 04 / 2022-23 vide Annexure-C insofar as it pertain to the BDS Course is illegal, arbitrary, and contrary to DCI Regulations.
(ii) issue a writ in the nature of certiorari, quashing the impugned revaluation result in the subjects “General Anatomy including Embryology and Histology, General Human Physiology and Biochemistry, Nutrition and Dietics TP1, General Human Physiology and Biochemistry, Nutrition and Dietics TP2 and Dental Anatomy, Embryology and Oral Histology” of the I BDS examinations of October 2025 vide Annexure-B undertaken by the petitioner as illegal, arbitrary and contrary to the mandatory provisions of the BDS course regulations, 2007 framed by the Dental Council of India, and
(iii) issue a writ in the nature of mandamus directing respondent No.1 - Rajiv Gandhi University of Health Sciences to conduct fresh revaluation of the petitioners answer script in the failed subjects of I BDS examinations of October 2025 by not less than two independent and duly qualified examiners, strictly in accordance with the BDS Course Regulations, 2007; And
(iv) issue a writ in the nature of mandamus directing respondent No.1 Rajiv Gandhi University of Health Sciences to award the average of the marks awarded by the two revaluation examiners and to reconsider and revise the petitioners result accordingly, and to publish the same.”
2. Brief facts leading rise to the filing of these writ petitions are as follows:
3. The petitioners in both the petitions appeared for their respective BDS examinations conducted by the Rajiv Gandhi University Health Sciences (“RGUHS”) in October, 2025 and the University announced the results on 18.11.2025.
4. The petitioner in W.P. No. 36115 of 2025 failed in General Pathology & Microbiology, and General & De
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