The Court disposed of multiple writ petitions filed by MBBS students seeking additional attempts for Phase I examinations and continuation of studies, holding that the issues were already addressed in an order dated 29.11.2024.
Petitions disposed of in terms of order dated 29.11.2024.
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:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9016 OF 2024 (EDN-RES) C/W
WRIT PETITION NO. 9050 OF 2024 (EDN-RES) WRIT PETITION NO. 9712 OF 2024 (EDN-RES) WRIT PETITION NO. 31139 OF 2024 (EDN-RES) WRIT PETITION NO. 31573 OF 2024 (EDN-RES) WRIT PETITION NO. 31716 OF 2024 (EDN-RES) WRIT PETITION NO. 31742 OF 2024 (EDN-RES) WRIT PETITION NO. 32023 OF 2024 (EDN-RES)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
IN WP NO: 9016/2024
BETWEEN:
MS. AFIFA AZMI D/O MD RAISUL AZAM AGE 23 YEARS, UNI REG NO.21M5059 R/O M V J MEDIAL COLLEGE GIRLS HOSTEL NH75, 30TH MILE DANDUPALYA VILLAGE HOSKOTE BENGALURU-562114
…PETITIONER
(BY SRI. ABHISHEK MALIPATIL.,ADVOCATE)
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
AND:
BENGALURU-560041.
…RESPONDENTS
(BY SMT. MAMATA GURURAO KULKARNI.,ADVOCATE FOR R1 & R2: NOTICE TO R3 IS DISPENSED WITH SRI. N KHETTY, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECTIONS, DECLARING THE PETITIONER TO BE ENTITLED FOR ONE ADDL. ATTEMPT TO CLEAR THE SUBJECTS ANATOMY AND PHYSIOLOGY OF THE PHASE I MBBS COURSE EXAMINATIONS, HOLDING THE PETITIONER TO BE ENTITLED FOR CONTINUATION OF THE
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
COURSE OF STUDY IN THE R3 INSTITUTION AFFILIATED TO THE RESPONDENT UNIVERSITY AND ETC.
IN WP NO: 9050/2024 BETWEEN:
MS. IRENE LALRINAWMI D/O P B SANGDINGLJANA AGED ABOUT 22 YEARS UNI REG. NO. 21 M5196 R/O MVJ MEDICAL COLLEGE GIRLS HOSTEL NH 75, 30TH MILE, DANDUPALYA VILLAGE HOSKOTE, BENGALURU-562114
…PETITIONER
(BY SRI. ABHISHEK MALIPATIL.,ADVOCATE)
AND:
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK JAYANAGAR
BENGALURU-560041.
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
NEW DELHI-110077 REP BY ITS PRESIDENT.
…RESPONDENTS
(BY SMT. MAMATA GURURAO KULKARNI.,ADVOCATE FOR R1 & R2: NOTICE TO R3 IS DISPENSED WITH SRI. N KHETTY, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECTIONS, DECLARING THE PETITIONER TO BE ENTITLED FOR ONE ADDL. ATTEMPTS TO CLEAR THE SUBJECTS ANATOMY AND PHYSIOLOGY OF THE PHASE I MBBS COURSE EXAMINATIONS, HOLDING THE PETITIONER TO BE ENTITLED FOR CONTINUATION OF THE COURSE OF STUDY IN THE R3 INSTITUTION AFFILIATED TO THE RESPONDENT UNIVERSITY AND ETC.
IN WP NO: 9712/2024 BETWEEN:
MR. MODI RUTUL NARENDRAKUMAR S/O MR. NARENDRA A MODI AGE 22 YEARS, UNI REG NO.20M5205 R/O A-20 AKSHATAM 1 BUNGLOWS NEAR UPASANA SCHOOL AKESHAN ROAD, PALANPUR GUJARAT-385001.
…PETITIONER
(BY SRI. ABHISHEK MALIPATIL.,ADVOCATE)
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
AND:
BENGALURU-560041.
…RESPONDENTS
(BY SMT. MAMATA GURURAO KULKARNI.,ADVOCATE FOR R1 & R2: NOTICE TO R3 IS DISPENSED WITH SRI. N KHETTY, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECTIONS, DECLARING THE PETITIONER TO BE ENTITLED FOR ONE ADDL. ATTEMPT TO CLEAR THE PHASE I MBBS COURSE EXAMINATIONS, HOLDING THE PETITIONER TO BE ENTITLED FOR CONTINUATION OF THE
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
COURSE OF STUDY IN THE R3 INSTITUTION AFFILIATED TO THE RESPONDENT UNIVERSITY AND ETC.
IN WP NO: 31139/2024
BETWEEN:
D/O JAYASHANKAR MURTHY P O AGE 21 YEARS, UNI REG NO.21M4853 R/O JAYASHANKAR MURTHY PANCHANAHALLI P O CHICKMAGALURU-577182.
5TH CROSS, NGF LAYOUT, NAGARBHAVI 14TH BLOCK, BENGALURU-560072.
AGE 23 YEARS,UNI REG NO. 20M5160 R/O PHOOLSHA MOHALLA
1ST CROSS,KOLAR-563101.
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
BRINDHAVAN NAGAR, SBM COLONY MATHIKERE, BENGALURU-560 054.
S/O DIPAK KUMAR GHOSH AGE 23 YEARS UNI REG NO. 19M2219 R/O H NO.464, SECTOR 1C BOKARO STREET CITY, BOKARO JHARKAND-827001.
…PETITIONERS
(BY SRI. ABHISHEK MALIPATIL.,ADVOCATE)
AND:
MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMTNE OF HEALTH AND FAMILY WELFARE NIRMAN BHAVAN, NEW DELHI-110011. REPRESENTED BY ITS SECRETARY.
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
REPRESENTED BY ITS DEAN/PRINCIPAL.
…RESPONDENTS
(BY SRI. N KHETTY, ADVOCATE FOR R1: SMT. MAMATA GURU RAO, ADVOCATE FOR R2: SRI. SHANTHI BHUSHAN, DSGI, FOR R3:
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
V/O DATED: 21.11.2021 NOTICE TO R4 TO R8 IS DISPENSED WITH FOR THE PRESENTE SMT. SWATI PANDURANGA, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECTIONS, IN THE NATURE OF MANDAMUS DECLARING THE PETITIONERS TO BE ENTITLED FOR GRANT OF ADDITIONAL ATTEMPTS TO CLEAR THE PHASE I MBBS COURSE EXAMINATIONS ANT THEREAFTER TO PROGRESS AND COMPLETE THE MBBS COURSE OF STUDY AND ETC.
IN WP NO: 31573/2024 BETWEEN:
MS. YASHIKALA D/O MR C ALEMYANGER AGE 22 YEARS, UNI REG NO.21M4884 R/O KIM’S LADIES HOSTEL BENGALURU-560070
…PETITIONER
(BY SRI. ABHISHEK MALIPATIL.,ADVOCATE)
AND:
REP BY ITS PRESIDENT.
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
BENGALURU-560041 REP. BY ITS REGISTRAR EXAMINATIONS.
…RESPONDENTS
(BY SRI. N KHETTY, ADVOCATE FOR R1: SMT. MAMATA GURURAO KULKARNI.,ADVOCATE FOR R2: SRI. SUDHANVA, ADVCOATE FOR R3 NOTICE TO R3 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECTIONS, DECLARING THE PETITIONER TO BE ENTITLED FOR GRANT OF ADDITIONAL ATTEMPTS TO CLEAR PHASE I MBBS COURSE EXAMINATIONS, THEREAFTER TO PROGRESS AND COMPLETE THE MBBS COURSE OF STUDY.
IN WP NO: 31716/2024 BETWEEN:
MR. RIFAQUAT TAMMIM S/O MR MOHAMMED ILIYAS PATHAN AGE 22 YEARS, UNI REG NO.21M8380 R/O NO. 121/A NAKUDHA MOHALLA JAMIA MASJID, KARWAR UTTARA KANNADA-581352
…PETITIONER
(BY SRI. ABHISHEK MALIPATIL.,ADVOCATE)
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
AND:
REP BY ITS PRESIDENT.
REP. BY ITS REGISTRAR EXAMINATIONS.
…RESPONDENTS
(BY SRI. N KHETTY, ADVOCATE FOR R1: SMT. MAMATA GURURAO KULKARNI.,ADVOCATE FOR R2: NOTICE TO R3 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DECLARING THE PETITIONER TO BE ENTITLED FOR GRANT OF ADDITIONAL ATTEMPTS TO CLEAR PHASE I MBBS COURSE EXAMINATIONS, THEREAFTER TO PROGRESS AND COMPLETE THE MBBS COURSE OF STUDY AND ETC.
IN WP NO: 31742/2024
BETWEEN:
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
AGED ABOUT 22 YEARS RESIDING AT 441/1A 2ND MAIN ROAD, 4TH STAGE, NE KANTHRAJ URS ROAD TK LAYOUT, MYSORE-570009 REG NO.17M6441.
S/O H LEPAKSHAPPA AGED AOBUT 21 YEARS RESIDING AT BESIDE MIG 10 DAMODHARA COLONY KALLAHALLY, VINOBHANAGARA SHIVAMOGGA-577204 REG NO: 21M7849.
…PETITIONERS
(BY SRI. PARASHURAM A L.,ADVOCATE)
AND:
…RESPONDENTS
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
(BY SRI. N KHETTY, ADVOCATE FOR R1:
SMT. MAMATA GURURAO KULKARNI.,ADVOCATE FOR R2: NOTICE TO R3 IS DISPENSED WITH V/O DATED: 26.11.2024)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DECLARE THE PETITIONER TO BE ENTITLED FOR GRANT OF ADDITIONAL ATTEMPTS TO CLEAR PHASE I MBBS COURSE EXAMINATIONS, ANNEXURE-A VIDE NOTIFICATION DATED: 04.10.2024 RGU/EXAM/ MBBS/CBNE/DEC-24/2024-25 AND THEREAFTER TO PROGRESS AND COMPLETE THE MBBS COURSE OF STUDY AND ETC.
IN WP NO: 32023/2024
BETWEEN:
MR P YESHWANTH KUMAR S/O MR B PRABHU AGED 23 YEARS, UNI REG NO: 20M6039 R/O BOYS HOSTEL, SHRIDEVI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH HOSPITAL SIRA ROAD, THUMAKURU-572106.
…PETITIONER
(BY SRI. PARASHURAM A L.,ADVOCATE)
AND:
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
REP. BY ITS REGISTRAR EVALUATION.
SIRA ROAD,
THUMAKURU -572106
REPRESENTED BY ITS DEAN/PRINCIPAL.
…RESPONDENTS
(BY SRI. N KHETTY, ADVOCATE FOR R1: SMT. MAMATA GURURAO KULKARNI.,ADVOCATE FOR R2:
NOTICE TO R3 IS DISPENSED WITH V/O DATED: 26.11.2024)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECTION IN THE NATURE OF MANDAMUS DECLAREING THE PETITIONER TO BE ENTITLED FOR GRANT OF ADDITIONAL ATTEMPTS TO CLEAR THE PHASE I MBBS COURSE EXAMINATIONS, AND THEREAFTER TO PROGRESS AND COMPLETE THE MBBS COURSE OF STUDY AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
following reliefs.
IN WP No.9016/24
i) Issue a writ or order or direction in the nature of mandamus or any other appropriate writ or order or directions, declaring the petitioner to be entitled for one additional attempt to clear the subjects 'Anatomy and 'Physiology' of the Phase I MBBS Course Examinations; holding the petitioner to be entitled for continuation of the course of study in the Respondent No.3 institution affiliated to the Respondent university; and
ii) Issue a writ or order or direction in the nature of mandamus directing the respondent to consider the representation dtd. 25/02/2024 issued by the petitioner vide Annexure-F and consequently direct the respondents to grant three additional attempts to clear the subject 'Anatomy' of the Phase I MBBS Course Examinations; and
iii) Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice.
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
IN WP No.9050/24
i) Issue a writ or order or direction in the nature of mandamus or any other appropriate writ or order or directions, declaring the petitioner to be entitled for three additional attempts to clear the subject 'Anatomy' of the Phase I MBBS Course Examinations; holding the petitioner to be entitled for continuation of the course of study in the Respondent No.3 institution affiliated to the Respondent university; and
ii) Issue a writ or order or direction in the nature of mandamus directing the respondent to consider the representation dtd. 24/02/2024 issued by the petitioner vide Annexure-F and consequently direct the respondents three additional attempts to clear the subject 'Anatomy' of the Phase I MBBS Course Examinations; and
iii) Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice.
IN WP No.9712/24
i) Issue a writ or order or direction in the nature of mandamus or any other appropriate writ or order or directions, declaring the petitioner to be entitled for 1/one additional attempt to clear the Phase I MBBS Course
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
Examinations; holding the petitioner to be entitled for continuation of the course of study in the Respondent No.3 institution affiliated to the Respondent university; and
ii) Issue a writ or order or direction in the nature of mandamus directing the respondent to consider the representation/e-mail dtd.03/11/2023 issued by the petitioner vide Annexure-G and the representation dtd.20/11/2023 Issued by the Respondent No.3 vide Annexure-J and consequently direct the respondents to grant three additional attempts to clear the Phase I MBBS Course Examinations; and
iii) Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice.
IN WP No.31139/24
i) Issue a writ or order or direction in the nature of mandamus declaring the petitioners to be entitled for grant of additional attempts to clear the Phase I MBBS Course Examinations and thereafter to progress and complete the MBBS Course of study; and
ii) Issue a writ or order or direction in the nature of mandamus declaring that the petitioners are entitled for continuation of the
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
course of study in the respective respondent institutions; and
iii) Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice.
IN WP No.31573/24
i) Issue a writ or order or direction in the nature of mandamus declaring the petitioner to be entitled for grant of additional attempts to clear the Phase I MBBS Course Examinations and thereafter to progress and complete the MBBS Course of study; and
ii) Issue a writ or order or direction in the nature of mandamus declaring that the petitioner is entitled for continuation of the course of study in the respondent institution; and
iii) Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice
IN WP No.31716/24
i) Issue a writ or order or direction in the nature of mandamus declaring the petitioner to be entitled for grant of additional attempts to clear the Phase I MBBS Course Examinations and thereafter to progress and complete the MBBS Course of study; and
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
ii) Issue a writ or order or direction in the nature of mandamus declaring that the petitioner is entitled for continuation of the course of study in the respondent institution; and
iii) Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice.
IN WP No.31742/24
a) Issue a Writ or order or direction in the nature of mandamus declaring the Petitioners are entitled for grant of additional Annexure-A vide notification dated: 04.10.2024 RGU/EXAM/MBBS/CBNE/DEC-24/2024-25 and thereafter to progress and complete the MBBS Course of study; and
b) Issue a writ or order or direction in the nature of mandamus declaring that the Petitioners are entitled for continuation of the course of study in the Respondent No.3 institution; and
c) Grant such other, further and/or consequential reliefs as may be just and proper in the facts and circumstances of the case and/or in the interests of justice and equity.
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
IN WP No.32023/24
i. Issue a writ or order or direction in the nature of mandamus declaring the petitioner to be entitled for grant of additional attempts to clear the Phase I MBBS Course Examinations and thereafter to progress and complete the MBBS Course of study; and
ii. Issue a writ or order or direction in the nature of mandamus declaring that the petitioner is entitled for continuation of the course of study in the respondent institution; and
iii. Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice.
NC: 2024:KHC:51904 WP No. 9016 of 2024 C/w WP 9050/2024, WP 9712/2024,WP 31139/2024, WP 31753/2024, WP 31716/2024, WP 31742/2024, WP 32023/2024
9712/2024, 31139/2024, 31573/2024, 31716/2024,
31742/2024 and 32023/2024 submits that the only relief that the petitioners had sought in the other petitions is as regards the number of attempts and that is stood answered by this Court vide order dated 29.11.2024 and nothing survives for consideration.
W.P.No.31742/2024.
SD/(SURAJ GOVINDARAJ) JUDGE
HA
List No.: 1 Sl No.:36
1 issue framed by the court
Are the petitioners entitled to additional attempts to clear Phase I MBBS Course Examinations and continue their course of study?
1 provisions across 1 enactments
M/S Afifa Azmi, Irene Lalrinawmi, Modi Rutul Narendra Kumar, Shama P J, Bhooshika R Gowda, Shaik Mohammed Afnan, A S Darshana Sree, Mothish V, Sudip Ghosh, Pida
Rajiv Gandhi University of Health Sciences
Registrar Rajiv Gandhi University of Health Sciences
National Medical Commission
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
