Writ Petition No. 6742 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:11837 WP No. 6742 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.6742 OF 2025 (EDN-RES) BETWEEN: DR. SOUMYA B. MALLASURE D/O BASAVARAJ S. MALLASURE, AGED ABOUT 28 YEARS, UNI. REG. NO. 21ME014, R/O NO.13, SRI SRINIVASA NILAYA, 1ST CROSS, SHAKAMBARI NAGAR, BANASHANKARI STAGE II, BENGALURU - 560 078. (BY SRI. ABHISHEK MALIPATIL, ADVOCATE) …PETITIONER AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH 'T' BLOCK, JAYANAGAR, BENGALURU – 560 070. REPRESENTED BY ITS REGISTRAR. 2. NATIONAL MEDICAL COUNCIL POCKET NO.14, SECTOR 8, DWARAKA, NEW DELHI – 110 077. REPRESENTED BY ITS SECRETARY. Digitally signed by NANDINI D Location: High Court of Karnataka …RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R1 & R2; SRI. N. KHETTY, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO DECLARE THE PETITIONER AS HAVING - 2 - NC: 2025:KHC:11837 WP No. 6742 of 2025 PASSED THE POST GRADUATE MEDICAL EXAMINATIONS IN M.D. PAEDIATRICS CONDUCTED IN JANUARY 2025 BY ROUNDING OFF THE MARKS OBTAINED BY THE PETITIONER IN THE PRACTICAL COMPONENT FROM 49.50% TO 50% MARKS, BY AWARD OF 2 ADDITIONAL MARKS, IN TERMS OF THE DECISION OF THIS HON’BLE COURT VIDE ORDER DATED 24/02/2025 PASSED IN WP NO.3438/2025 AND CONNECTED WRIT PETITIONS PRODUCED AT ANNEXURE-C AND TO ISSUE ALL NECESSARY CERTIFICATES ACCORDINGLY WITHIN A PERIOD OF 1 WEEK. 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, petitioner seeks for the following reliefs: (i) Issue a writ or order or direction in the nature of mandamus directing the respondents to declare the petitioner as having passed the Post Graduate Medical Examinations in M.D.Paediatrics conducted in January 2025 by rounding off the marks obtained by the petitioner in the practical component from 49.50% to 50%, by award of 2 additional marks, in terms of the decision of this Hon’ble Court vide order dated 24.02.2025 passed in W.P.No.3438/2025 and connected writ petitions produced at Annexure-C; and to issue all necessary certificates accordingly within a period of 1 week; and (ii) Issue any other appropriate writ, or order or direction as this Hon’ble Court deems fit to grant in the ends of justice.” 2. A perusal of the material on record will indicate that petitioner got admitted to post graduation course in respondent - 3 - NC: 2025:KHC:11837 WP No. 6742 of 2025 Nos.1 and 2-University in the year 2021-22 and in the post graduation examination taken by petitioner in M.D. Paediatrics held in January 2025, the petitioner secured 49.50% in the practical /viva voce examination, thereby resulting in petitioner obtaining 198 marks out of maximum 400 marks. It is contended that the aforesaid percentage of 49.50% deserves to be rounded off to 50% so as enable the petitioner to meet the required passing marks of 200 out of 400. 3. In this context, it is contended that under identical circumstances in relation to rounding off of 49.25%, 49.50% and 49.75% to 50% in respect of theory examination, a co-ordinate bench of this Court in the case of Dr.K.Sree Laxmi Vs. Rajiv Gandhi University of Health Sciences and Anr., - W.P.No3438/2025 and connected matters dated 24.02.2025, has categorically held that the petitioners were entitled to get the respective percentages of 49.25%, 49.50% and 49.75% rounded off to 50% so as to enable them to pass the examination by obtaining 200 marks out of maximum marks of 400. It is further submitted that while regulation 8.3 of the Post Graduate Medical Regulations, 2023 ( for short ‘PGMER - 2023’) which provides for - 4 - NC: 2025:KHC:11837 WP No. 6742 of 2025 methodology does not make distinction between the theory examination and practical examination, the criteria for the evaluation of M.S./M.D./M.Ch./DM Courses under head ‘Evaluation’ at Regulation 8.4 also does not make a difference/distinction between the theory examination and practical/viva voce examination and the minimum percentage for passing both theory examination and practical/viva voce examination is 50% with minimum marks being 200 out of maximum 400 marks. It is therefore submitted that by applying/invoking the doctrine of parity, necessary directions are to be issued to respondent No.2 to consider the petitioner having been passed in practical/ viva voce examination also by rounding off her 49.50% to 50% within a stipulated time frame. 4.
Legal Reasoning
Per contra, learned counsel for respondent Nos.1 and 2 would reiterate the various contentions urged in the statement of objections and point out that the judgment of a co-ordinate bench of this Court in the case of Dr.K.Sree Laxmi (supra) was restricted/limited to theory papers and same could not be made applicable for practical/viva voce taken by the petitioner. It was submitted that in the absence of any regulation in PGMER - 2023, - 5 - NC: 2025:KHC:11837 WP No. 6742 of 2025 which does not provide for rounding off 49.25%, 49.50% and 49.75% to 50% in respect of the practical/viva voce examination, the petitioner is not entitled to any relief in the present petition especially when rounding off 49.25%, 49.50% and 49.75% to 50% would amount to granting/giving grace marks, which is impermissible as per PGMER, 2023 and as such, petition is liable to be dismissed. 5. A perusal of the judgment of the co-ordinate bench in Dr.K.Sree Laxmi (supra) will indicate that this Court has held as under: ORAL ORDER Since all these writ petitions involve common
Decision
questions, the writ petitions are taken up together. 2. The petitioners are aggrieved by the conduct of the respondents in not rounding off the percentage to the next nearest number and not extending the benefit of rounding off to the petitioners. 3. In W.P.No.3438/2025, the petitioner is seeking an appropriate writ / order or direction: in “Declaring the Petitioner as “Pass” in the examination the discipline of MD Pediatric examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P. - 6 - NC: 2025:KHC:11837 WP No. 6742 of 2025 384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3443/2025, the petitioner is seeking an appropriate writ / order or direction: in “declaring the Petitioner as “Pass” in the the discipline of MD General examination Medicine examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by this Hon’ble court in W.P.No.11348/2020, W.A. 547/2021 & R.P. 384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3445/2025, the petitioner is seeking an appropriate writ / order or direction: in “Pass” “declaring the Petitioner as the examination in the discipline of M.S Ophthalmology examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P. 384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3464/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of M.S General Surgery examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A.547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3489/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the the discipline of MD Pediatric in examination - 7 - NC: 2025:KHC:11837 WP No. 6742 of 2025 examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P. 384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3525/2025, the petitioner is seeking an appropriate writ / order or direction: in “declaring in the Petitioner as “Pass” the the discipline of MD General examination medicine examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.50% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A.547/2021 & R.P. 384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3539/2025, the petitioner is seeking an appropriate writ / order or direction: in “declaring the Petitioner as “Pass” in the examination the discipline of MD Pediatrics examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A.547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3554/2025, the petitioner is seeking an appropriate writ / order or direction: in “declaring the Petitioner as “Pass” in the examination the discipline of MD Pediatrics examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.50% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” - 8 - NC: 2025:KHC:11837 WP No. 6742 of 2025 In W.P.No.3556/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of M.S Ophthalmology examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.50% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.3671/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of M.S Orthopaedics examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.50% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.4071/2025, the petitioner is seeking an appropriate writ / order or direction: in “declaring the Petitioner as “Pass” in the examination the discipline of MD Pediatrics examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.50% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.4089/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of m.s Oto-Laryngol examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by this Hon’ble court in - 9 - NC: 2025:KHC:11837 WP No. 6742 of 2025 W.P. No.11348/2020, W.A. 547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.4090/2025, the petitioner is seeking an appropriate writ / order or direction: “declaring the Petitioner as “Pass” in the examination in the discipline of M.S Ophthalmology examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.25% to 50% as per the decision made by this Hon’ble court in W.P. No.11348/2020, W.A. 547/2021, R.P.384/2021 & WA NO.909/2023 and as per the decision of Syndicate meeting held on 12-11-2020.” In W.P.No.4603/2025, the petitioner is seeking an appropriate writ / order or direction: in “declaring the Petitioner as “Pass” in the examination the discipline of MD Pediatric examination conducted by RGUHS held in January 2025 by rounding off the marks from 49.75% to 50% as per the decision made by thiis Hon’ble court in W.P. No.11348/2020, W.A. 547/2021 & R.P. 384/2021 and as per the decision of Syndicate meeting held on 12.11.2020.” 4. Heard the learned counsel appearing for the petitioner-students and learned counsel appearing for the respondents and perused the materials on record. 5. Learned counsel appearing for the petitioners placing reliance upon various decisions of this Court in the case of Dr. GURUPRASAD Vs. RAJIV GANDHI UNIVERSITY1 (Dr. Guruprasad), DR. B. NAGADIVYA Vs. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 1 WP 11348/2020 disposed on 20.10.2020 - 10 - NC: 2025:KHC:11837 WP No. 6742 of 2025 AND OTHERS2 (B. NAGA DIVYA), RAJIV GANDHI UNIVERSITY Vs. DR. NAGA DIVYA3 (RAJIV GANDHI UNIVERSITY), RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES Vs. DR.NEELESH MEHTA AND ANOTHER (DR.NEELESH MEHTA)4, submits that this Court has decided in favour of the petitioner-students directing the university to round off the percentage to the next integer, the petitioner inter alia contends that by virtue of the Ordinance governing the postgraduate (PG), including PG diploma and super specialist and subscript evaluation promoted by the notification dated 29.12.2023 indicates that the average total marks awarded by the two evaluators for the paper is to be rounded off to the nearest whole number. 6. It is submitted that evaluation of marks is governed by the notification dated 16.12.2024 regarding implementation of Post Graduate Medical Education Regulations (PGMER) 2023 for 2021-22 batch of PG students. It is submitted that prior to enactment of PGMER 2023, evaluation of PG course is governed by the “Ordinance Governing Post Graduation including Diploma and Super Specialty Valuation” dated 29.03.2019 (hereinafter referred to as ‘the Ordinance). It is submitted that according to Clause 5(b) of the said Ordinance, for passing the examination, the students should secure 50% in the theory examination in aggregate and 50% in practical plus viva examination and the average of the best 2 W.P. No.17479/2021 D.D. 30.09.2021 3 R.P.No.384/2021 in WP No.17479 of 2021 D.D.08.03.2021 4 W.A NO.547/2021 D.D. 18.06.2021 - 11 - NC: 2025:KHC:11837 WP No. 6742 of 2025 four total marks of the paper awarded by the five evaluators, which is rounded off to the nearest value shall be considered for final computation of the results. It is submitted that several students who have scored 49.75% approached this court challenging the action of the respondent and in the case of DR. GURUPRASAD, this court has directed the respondent to round off to the next whole number i.e., 50%. 7. Respondent Nos.1 and 2 having entered appearance opposes the writ petition by filing statement of objections inter alia contending that the petitioners herein have failed to secure minimum 200/400 marks in PG examination-January 2025 are literally seeking for grace marks of 1 to 3 marks in the form of rounding off of percentage from 49.25% (197/200 marks), 49.50% (198/200 marks) and 49.75% (199/200 marks) to 50% (200/400 marks) and to declare them as ‘Pass’. It is submitted that the decisions placed reliance and the Syndicate decision dated 12.11.2020 were due to Covid-19 pandemic the RGUHS resolved to award rounding off of percentage to the students and the decision placed reliance by the petitioner was in the context of extraordinary circumstances of Covid-19 pandemic prevailing. It is submitted that in the case of DR.GURUPRASAD and in DR. M.D.GOLAP HUSSAIN VS. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES5 (GOLAP HUSSAIN), the decision was passed 5 W.P.No.10365/2020 D.D.13.11.2020 - 12 - NC: 2025:KHC:11837 WP No. 6742 of 2025 taking into consideration that the University had taken a decision on 12.11.2020 in the light of the extraordinary circumstances of Covid-19 pandemic prevailing for the academic year 2019-20 and the same may not be extended as the matter of course subsequently. It is submitted that in the case of NEELESH MEHTA, the Division Bench of this Court observed that the said appeal was not considered in normal circumstances, but was dealing with a situation where almost entire country was under lockdown and then PG students were frontline workers and were practically doing Covid duties round the clock and large number of doctors have lost their lives and the RGUHS - Syndicate keeping in view the various factors have taken a policy decision dated 12.11.2020. It is submitted that the decisions stated supra was purely due to the decision dated 12.11.2020 passed by the RGUHS – Syndicate, which is withdrawn by a Notification / Regulation dated 26.08.2024 clearly notifying that PGMER- 2023 Regulations is applicable for valuation of the theory answer scripts and computation of the results of the 2021- 22 batch and the students who will appear for the ensuing examination. It is submitted that the petitioners – students are admitted to the PG course for the academic year 2021- 22 and the academic session has commenced in February 2022 post Covid pandemic and the petitioners-students cannot seek parity benefits extended with the PG students in the decisions placed reliance by the petitioners. It is submitted that the petitioners are not entitled for grace marks as the students fail to secure minimum marks to enable them to pass the examination. - 13 - NC: 2025:KHC:11837 WP No. 6742 of 2025 8. Having heard the learned counsel for the parties, the question that arises for consideration is: “Whether rounding off at a percentage level would be akin to providing grace marks and whether the benefit of the order passed in Dr.Guruprasad’s case and other similarly placed petitioners would be applicable to the petitioners as well?” 9. The petitioners are post graduate medical students having failed by a fraction of percentage as stated supra, are knocking at the doors of this Court inter alia contending that the said fraction ought to have been rounded off to the next whole number which would resultantly pass the petitioners. Under the PGMER-2023 Regulation, Regulation 8.4 stipulates that a student should secure a minimum of 40% in each paper with an aggregate of 50% in theory paper and to secure minimum total marks of 200 / 400 for theory and practical plus viva 200/400. It is noticed by this court that the marks obtained by the petitioners, when turned into percentage is arriving at 49.75%, 49.50% and 49.25%. The situation being such that though the petitioners have obtained 197, 198 and 199 out of 200 in theory the percentage, which is arrived is in decimal. In the case of DR.GURUPRASAD stated supra though the decision was rendered during Covid pandemic, the Ordinance dated 29.03.2019 permitted to round off to the next full figure and this court, in DR.GURUPRASAD’S case did not take into account the Covid-19 pandemic, but what was considered by this court is the arithmetical calculation. The Regulations, which was later changed in the year 2020 has now been withdrawn, it is contended by the respondent-RGUHS that rounding off would be akin to - 14 - NC: 2025:KHC:11837 WP No. 6742 of 2025 granting grace marks. The rounding off a percentage is a matter of arithmetical calculation and not equivalent to granting of grace marks. The PGMER-2023 Regulation does not explicitly prohibit rounding off decimal values in percentage calculation. The percentage to be rounded off to the next whole number is a part of standard mathematical practice. The petitioners who have obtained point percentage, the standard arithmetic rule dictates rounding off to 50%, which is a mathematical adjustment. 10. The point percentage obtained by the students i.e., 0.25%, 0.50% and 0.75% is the marks, which has been obtained and at any rate it cannot be taken away by holding that it has to be 49% and not 50%. For the foregoing reasons, the point framed for consideration is answered in favour of the petitioners and the writ petitions succeed and the petitioners marks in theory examination is rounded off from 49.25%, 49.50% and 49.75% to 50% and the respondent - University is directed to consider the petitioners as ‘Pass’ and issue necessary result sheet accordingly.” 6. A perusal of the aforesaid judgment of this Court will indicate that reliance is placed on the evaluation criteria of M.S./M.D./M.Ch./DM Courses under Regulation 8.4 of PGMER- 2023, which provides for minimum percentage of 50% for both theory examination as well as practical/viva voce examination; so also Regulation 8.3 does not make any distinction between theory - 15 - NC: 2025:KHC:11837 WP No. 6742 of 2025 and practical/clinical/viva voce examination. It is therefore clear that a conjoint and harmonious reading of Regulations 8.3 and 8.4 and the criteria of evaluation of M.S./M.D./M.Ch./DM Courses is sufficient to come to the conclusion that no distinction/difference is drawn or made for theory/practical/clinical/viva voce examination and the petitioner would be entitled to the benefit of judgment of this Court in the case of Dr.K.Sree Laxmi (supra), wherein this Court has upheld the claim of the petitioners to come to the conclusion that percentages of 49.25%, 49.50% and 49.75% could be rounded off to 50% so as to enable the petitioners to pass in respective examination. 7. Insofar as the contention urged on behalf of respondent Nos.1 and 2 that rounding off amounts to granting/giving grace marks is concerned, a perusal of the regulation 8.4 will indicate that it is permissible for rounding off of total marks awarded by two evaluators for the purpose of referring it to third evaluator. It is clear that apart from the fact that rounding of marks is not prohibited/barred in the regulations, the said contention of the respondents that rounding off would tantamount to awarding grace - 16 - NC: 2025:KHC:11837 WP No. 6742 of 2025 marks cannot be accepted and as such, even this contention urged on behalf of respondents cannot be accepted. 8. In view of the aforesaid facts and circumstances and in the light of the judgment of co-ordinate bench of this Court in the case of Dr.K.Sree Laxmi (supra), I deem it just and appropriate to invoke/apply doctrine of parity and apply the ratio of aforesaid judgment to the present case even in relation to practical/clinical/viva voce examination by rounding of 49.25%, 49.50% and 49.75% to 50% by allowing the present petition and issuing certain directions to respondent No.2 in this regard. 9. In the result, I pass the following: ORDER (i) The petition is hereby allowed and disposed of in terms of the judgment in the case of Dr.K.Sree Laxmi Vs. Rajiv Gandhi University Of Health Sciences And Another in W.P.No.3438/2025 and Connected Matters dated 24.02.2025. (ii) The respondent No.2 is directed to round off the percentage of marks obtained by the petitioner in practical/clinical/viva voce from 49.50% to 50% and consider the - 17 - NC: 2025:KHC:11837 WP No. 6742 of 2025 petitioner as having passed and issue necessary marks sheet/result sheet within a period of three weeks from today. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS/SRL List No.: 2 Sl No.: 1