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NC: 2026:KHC:5692

WP No. 1798 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31^ST DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WRIT PETITION NO. 1798 OF 2024 (EDN-RES)

BETWEEN:

DR GAURAV BHATIA

S/O MR MUKUL BHATIA

AGED 35 YEARS

UNI REG NO.18EX426

R/O NO.21,

KAMLANAGAR, LALBAGH

BURHANPUR, MADYA PRADESH-450331

…PETITIONER

(BY SRI. GAURAV BHATIA - PETITIONER, (ABSENT))

Digitally signed

by KIRAN

AND:

KUMAR R

Location: H IGH

COURT OF 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

KARNATAKA

4TH T BLOCK, JAYANAGAR

BENGALURU-560041

REP. BY ITS VICE CHANCELLOR

2. THE REGISTRAR (EVALUATION)

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4TH T BLOCK

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WP No. 1798 of 2024

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JAYANAGAR

BENGALURU-560070

3. DENTAL COUNCIL OF INDIA

AIWAN -E-GALIB MARG, KOTLA ROAD

TEMPLE LANE, NEW DELHI-110002

BY ITS SECRETARY

…RESPONDENTS

[BY SRI. GIRISH KUMAR R, ADVOCATE FOR R1 & R2 (VK NOT

FILED)

SRI. G.S. BHAT, ADVOCATE FOR R3]

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-

QUASH THE ORDINANCE GOVERNING POST GRADUATE,

INCLUDING PG-DIPLOMA AND SUPER SPECIALITY ANSWER

SCRIPTS EVALUATION VIDE NOTIFICATION DTD 29.03.2019

WITH NO.RGU/AUTH/140-SYN/117-6 (EXAM)/ 2018-19 ISSUED

BY THE R2, PRODUCED AT ANNEXURE-E, ONLY IN SO FAR AS

IT PERTAINS TO CONDUCT OF VALUATION OF THE PG-DENTAL

(PAR I-MDS) EXAMINATIONS IS CONCERNED AND DIRECT

THE R1 AND 2 TO RECOMPUTE THE RESULTS OF THE MDS -

ORAL AND MAXILLOFACIAL SURGERY (RSS) - PART I

EXAMINATION OF OCTOBER 2023 UNDERTAKEN BY THE

PETITIONER BY CONSIDERING THE AVERAGE OF THE TWO

HIGHEST MARKS FROM AMONGST THE 5 MARKS AWARDED SO

AS TO SATISFY THE REQUIREMENT UNDER REGULATION 19

AND 22 OF THE DENTAL COUNCIL OF INDIA, MASTER OF

DENTAL SURGERY COURSE REGULATIONS, 2017 AND TO

ANNOUNCE THE RESULTS AFRESH, AND IN THE ALTERNATIVE

TO DIRECT THE R1 AND 2 TO CONDUCT FRESH EVALUATION

OF THE THEORY ANSWER PAPER OF MDS - ORAL AND

MAXILLOFACIAL SURGERY (RSS) - PART I EXAMINATION OF

OCTOBER 2023 UNDERTAKEN BY THE PETITIONER IN TERMS

OF THE REGULATION 19 AND 22 OF THE DENTAL COUNCIL OF

INDIA, MASTER OF DENTAL SURGERY COURSE REGULATIONS,

2017 AND TO ANNOUNCE THE RESULTS AFRESH.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

1. The petitioner appearing through an advocate as

filed this petition seeking following relief:

(i) quash the Ordinance governing Post

Graduate, including PG-Diploma and

super-speciality answer scripts

evaluation vide notification dated

29.03.2019 with No.Rgu/Auth/140-

Syn/117-6 (exam) / 2018-19 issued by

respondent No.2, produced at

Annexure-E, only insofar as it pertains

to conduct of valuation of the PG-

Dental (Par I-MDS) examinations is

concerned and

(ii) direct respondent Nos.1 and 2 to re-

compute the results of the MDS - oral

and maxillofacial surgery (RSS) - Part I

examination of October 2023

undertaken by the petitioner by

considering the average of the two

highest marks from amongst the 5

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marks awarded so as to satisfy the

requirement under regulation 19 and

22 of the Dental Council of India,

Master of Dental Surgery Course

Regulations, 2017 and to announce the

results afresh, and in the alternative to

(iii) direct respondent Nos.1 and 2 to

conduct fresh evaluation of the theory

answer paper of MDS - oral and

maxillofacial surgery (RSS) - Part I

examination of October 2023

undertaken by the petitioner in terms

of the Regulations 19 and 22 of the

Dental Council of India, Master of

Dental Surgery Course Regulations,

2017 and to announce the results

afresh.”

2. Learned counsel for the petitioner was permitted to

retire from the case vide order dated 17.02.2024, on

which date, the petitioner has undertaken to engage

the service of another counsel by the next date of

hearing.

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3. From the perusal of the reli

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