An MBBS student who failed the February 2023 practical exam and then failed theory in July 2023 sought reconduction of the earlier practicals citing a Coordinate Bench order. The court held she, having re-attempted after that judgment, was not identically placed, and dismissed the petition.
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.
NC: 2024:KHC:10159 WP No. 5368 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5368 OF 2024 (EDN-RES)
BETWEEN:
MS CHATHURYA SIDDARJU D/O SIDDARAJU AGED 22 YEARS REG NO 18M0691 R/O NO 102A, VAISHNAVI SYMPHONY 6TH MAIN 11TH CROSS MALLESHWARAM BENGALURU
…PETITIONER
(BY SRI. ABHISHEK MALIPATIL.,ADVOCATE)
AND:
Digitally signed by NARAYANAPPA LAKSHMAMMA
Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. LATHA S SHETTY.,ADVOCATE FOR R1 & R2;
NC: 2024:KHC:10159 WP No. 5368 of 2024
SRI. AMRUTHESH C., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT UNIVERSITY TO RE-CONDUCT THE PRACTICALS/ CLINICAL EXAMINATION OF THE SUBJECT GENERAL MEDICINE OF THE PHASE III- PART II (4TH YEAR) MBBS EXAMINATIONS OF FEBRUARY 2023 UNDERTAKEN BY THE PETITIONER, IN TERMS OF THE FINAL ORDER DTD. 21.06.2023 PASSED IN W.P. NO.9985/2023 AND OTHER CONNECTED WRIT PETITIONS INCLUDING W.P.NO. 8381/2023 VIDE ANNX-F AND TO ISSUE THE RESULTS OF THE PHASE III - PARTII (4TH YEAR) MBBS EXAMINATIONS OF FEBRUARY 2023 AFRESH BY RECOMPUTING THE THEORY MARKS ALREADY AWARDED ALONG WITH THE PRACTICAL MARKS TO BE AWARDED AFTER THE RECONDUCT OF PRACTICALS / CLINICALS EXAMINATIONS AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
issue the results of the Phase III-Part II (4th year) MBBS Examination of February 2023 of the subject ‘ General Medicine’ afresh by recomputing the theory marks already awarded along with the practical marks awarded by the respondent university in the Phase III-Part II- 4th year MBBS Examinations of July 2023, holding the petitioner to be identically placed as the petitioner in terms of the final order dated 21.06.2023 passed in W.P.No.9985/2023 and other connected writ petitions including W.P.No.8381/2023 vide Annexure-F and
NC: 2024:KHC:10159 WP No. 5368 of 2024
W.P.No.29338/2023, the said petition came to be dismissed by this Court vide order dated 14.02.2024.
The petitioner having chosen to take up the examination in July 2023, post the judgment dated 21.06.2023, cannot now seek for the same benefit being provided to the petitioner. The petitioner having taken up the theory and practical examination in July 2023 and having failed in the theory examination, she would have to once again take up the examinations for both theory and practical and now cannot claim the benefit of the earlier order.
Sd/JUDGE
PRS
List No.: 2 Sl No.: 12
1 issue framed by the court
Whether a petitioner who re-took both theory and practical MBBS exams after the Coordinate Bench order can still claim the benefit of reconducted practicals for the February 2023 exam.
1 provisions across 1 enactments
MS CHATHURYA SIDDARJU
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
M S RAMAIAH MEDICAL COLLEGE AND TEACHING HOSPITAL
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
