Petitioner sought declaration that he passed M.D. Medical Examinations by rounding off 49.75% theory marks to 50%. Court allowed, directing university to declare pass based on Ordinance rounding norms and cited precedent.
University to declare petitioner as passed and issue result sheet within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 24035 OF 2023 (EDN-RES)
BETWEEN:
DR. SUMIT CHANDRAKANT KADAM S/O CHANDRAKANT KADAM AGE 30 YEARS UNI. REG. NO. 20MG196 R/O B-2, ASHIRWAD APARTMENTS SHANKAT NAGAR, DWARAKA, NASHIK MAHARASHTRA - 422 011
…PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
Digitally signed by R DEEPA Location: High Court of Karnataka
REPRESENTED BY ITS VICE CHANCELLOR
…RESPONDENTS
(BY SRI. M.S. DEVARAJU, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 AND R2-UNIVERSITY TO DECLARE THE PETITIONER AS HAVING PASSED THE POST GRADUATE
MEDICAL EXAMINATIONS IN M.D. GENERAL MEDICINE (RS3) CONDUCTED IN JULY 2023 BY ROUNDING OFF THE MARKS OBTAINED BY THE PETITIONER FROM 49.75 PERCENT TO 50 PERCENT MARKS, BY AWARD OF 1 ADDL. MARK, AS PER THE DECISION OF THIS HON'BLE COURT IN W.P. NO. 11348/2020 AND OTHER SIMILAR WP, AND TO ISSUE ALL NECESSARY CERTIFICATES ACCORDINGLY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed seeking direction to the respondents to declare the petitioner as having passed the
Post-Graduate Medical Examinations in M.D.General Medicine (RS3) conducted in July 2023 by rounding off the marks obtained by the petitioner from 49.75% to 50%, by awarding one additional mark, as per the decision of this Court in W.P.No.11348/2020 and other similar writ petitions and to issue all necessary certificates.
The petitioner was admitted to Post Graduate Medical Course in M.D.General Medicine (RS3) in Dr.B.R.Ambedkar
Medical College & Hospital, Bengaluru for the academic year 2020-21, which is affiliated to respondent No.1 –
Rajiv Gandhi University of Health Sciences. The petitioner took examination in the month of July 2023. The University announced results in the month of August 2023 and the petitioner was declared 'fail' by one mark. As per the University norms, for passing the examination, the student should secure aggregate 50% in theory and 50% in practical + viva. The petitioner got passed in practical and viva, whereas failed in theory securing a total of 199 marks (49.75%). As per Clause 5(b) of the Ordinance, the respondents could have rounded off 49.75% to the nearest whole number i.e., 50% and should have declared the result of the petitioner as 'pass', but the University has declared the result of the petitioner as 'fail'. The petitioner aggrieved by the action of the respondents-University in not rounding off his marks to the nearest number, has filed this writ petition.
3. Heard learned counsel for the parties.
practical and viva, but failed in theory subject by securing
NC: 2023:KHC:44860 WP No. 24035 of 2023
199 marks (49.75%) as against the minimum of 200 passing marks criteria. The University ought to have
rounded off the same to the nearest whole number as 50%. He further submits that the matter is covered by the decision of the Co-ordinate Bench of this Court in W.P.No.11348/2020 and subsequent writ petitions. Hence, prayed to allow the writ petition.
theory by securing 199 marks as against the minimum of 200 passing marks criteria, thus securing 49.75%. Clause 5(1)(b) of the subject Ordinance reads "the average of the
best four total marks for the paper awarded by five evaluators, which is rounded off to the nearest value, shall be considered for final computation of the results", since arithmetically the petitioner has secured 49.75%, the said figure has to be rounded off to the next whole number which will be 50%. In an identical matter the Co-ordinate Bench of this Court in the case of DR.GURUPRASAD V.
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE in W.P.No.11348/2020 disposed of on 20.10.2020, has
held at para-3(b) of the order, as under:
"3(b) as per the extant norms of the respondentUniversity for passing in the examination a student has to secure 50% in the theory papers in aggregate and 50% in the practical + viva voce; petitioner has secured 49.75% in the theory papers and 70% in the practical + viva voce; paragraph 5(I)(b) of the subject Ordinance reads 'the average of the best four total marks for the paper awarded by five evaluators, which is rounded off to the
nearest value, shall be considered for final computation of the results'; since arithmetically petitioner has secured 49.75%, the said figure has to be rounded off to the next whole and that will be 50%."
date of receipt of a copy of this order.
Sd/JUDGE
RD
2 issues framed by the court
Whether university should round off 49.75% marks to 50% for passing M.D. Medical Examinations per Ordinance norms?
Whether petitioner is entitled to declaration as passed and issuance of certificates as per precedent?
Colour shows how this judgement treated each authority
DR. GURUPRASAD V. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCEFollowed¶43
DR. GURUPRASAD V. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE, W.P. No. 11348/2020
DR. SUMIT CHANDRAKANT KADAM
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
ASHOK S. KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
