THE HIGH COURT OF KARNATAKA
M.I.ARUN AND B. MURALIDHARA PAI
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES – Appellant
Versus
ADARSH AJIT GOURAJ – Respondent
WA 100005/2026
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WRIT APPEAL NO. 100005 OF 2026 (EDN-RES)
BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, R/BY ITS VICE CHANCELLOR, 4TH T BLOCK, JAYANAGAR, BENGALURU – 560 041.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, R/BY ITS REGISTRAR, EVALUATION, 4TH T BLOCK, JAYANAGAR, BENGALURU – 560 041.
… APPELLANTS (BY SRI. BASAVARJ S.G., ADV. FOR Digitally signed by SRI. BANAKAR AVINASH UMESH, ADVOCATE)
VISHAL NINGAPPA PATTIHAL Location: High AND:
Court of Karnataka, Dharwad Bench, 1. ADARSH AJIT GOURAJ, Dharwad AGE: 24 YRS, OCC: IST YEAR MBBS STUDENT S NIJALINGAPPA MEDICAL COLLEGE, BAGALKOT, DIST: BAGALKOT – 587 101.
2. SOHAILAHAMED S/O. ABDUL RAZAK KORBO, AGE: 23 YRS, OCC: IST YR MBBS STUDENT S NIJALINGAPPA MEDICAL COLLEGE, BAGALKOT, DIST: BAGALKOT – 587 101.
3. PRAJWAAL S/O. DATTATRAY KULKARNI, AGE: 23 YRS, OCC: IST YR MBBS STUDENT S NIJALINGAPPA MEDICAL COLLEGE, BAGALKOT, DIST: BAGALKOT – 587 101.
4. SANMATI S/O. VEERABHADRAPPA ANGADI, AGE: 22 YEARS, OCC: IST YR MBBS STUDENT S NIJALINGAPPA MEDICAL COLLEGE, BAGALKOT, DIST: BAGALKOT – 587 101.
5. NATIONAL MEDICAL COMMISSION, BY ITS SECRETARY, POCKET 14, SECTOR 8, DWARAKA PHASE – I NEW DELHI – 110 077.
6. GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAL BHAVAN, NEW DELHI – 110 011, R/BY ITS SECRETARY.
7. S NIJALINGAPPA MEDICAL COLLEGE AND HANGAL SHRI KUMARESHWAR HOSPITAL AND RESEARCH CENTRE, BAGALKOT – 587 102, BY ITS DEAN/PRINCIPAL.
… RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PGA FOR R1 TO R & R7;
SRI. ANOOP DESHPANDE, ADV. FOR R5;
SRI. M.B. KANAVI, CGSC FOR R6)
THIS WRIT APPEAL IS FILED U/S. 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET-ASIDE THE ORDER DATED 16.12.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.106410/2025 ON I.A.NO.02/2025 AND ALLOW THE WRIT APPEAL BY REJECTING THE IMPUGNED ORDER, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.I.ARUN)
1. Aggrieved by the interim order passed in Writ Petition No.106410 of 2025, dated 16th December 2025, the respondent–
University therein has preferred the present writ appeal.
2. Respondents No.1 to 4 herein are students who appeared for the NEET examination conducted in the year 2022 and were admitted to the MBBS course for the academic year 2022–23 in Respondent No. 7 – Medical College, which is affiliated with the appellant–University.
3. The petitioners were not permitted to write the backlog papers of the First Year MBBS course in the examination scheduled in September 2025 by the appellant–University on the ground that they had already exhausted the permissible number of attempts to which they were entitled to. Aggrieved by the same, the writ petition was filed.
4. Taking into consideration the balance of convenience and the irreparable damage that the students may suffer, the learned Single Judge permitted the students to appear for the examination. However, the writ petition could not be disposed of before the commencement of the next academic year. Consequently, respondents No.1 to 4 filed I.A. No.2 of 2025 seeking a direction to the University to announce the results.
5. The learned Single Judge, again taking into consideration the interest of the students and the balance of convenience, passed the following order:
“This petition is filed seeking permission to appear for the exam in the 1st year MBBS course. The petitioners were permitted to appear for the exam subject to the result of the petition. It is submitted that result is not yet announced in view of the interim order granted earlier.
2. Learned counsel for the petitioners would submit that the result has to be announced and eligible petitioners should be permitted to tak
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