Dr. Mangukiya Axay Kanthilal Vs Rajiv Gandhi University of

THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO DECLARE THE PETITIONER AS HAVING PASSED THE POST GRADUATE MEDICAL EXAMINATIONS IN M.D. GENERAL MEDICINE CONDUCTED IN JANUARY 2025 BY ROUNDING OFF THE MARKS OBTAINED BY THE PETITIONER FROM 49.75 PERCENT TO 50 PERCENT MARKS, BY AWARD OF 1 ADDITIONAL MARK, IN TERMS OF THE DECISION OF THIS HONBLE COURT VIDE ORDER DTD.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.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioner seeks for following reliefs:

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“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. General Medicine conducted in January 2025 by rounding off the marks obtained by the petitioner from 49.75% to 50% marks, by award of 1 additional mark, 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

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Annexure-C; and to issue all necessary certificates accordingly within a period of 1 week; and

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ii. Issue any other appropriate writ, or order or direction as this Hon’ble Court deems fit to grant in the ends of justice.”

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Heard learned counsel for the petitioner and learned counsel for respondent Nos.1 and 2 – RGUHS and learned counsel for respondent No.3 – National Medical Council of India and perused the material on record.

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A perusal of the material on record will indicate

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that after completing of his MBBS Degree, the petitioner joined Post Graduation Course in M.D in General Medicine at Vydehi Institute of Medical Sciences & Research Centre, Bengaluru, which is affiliated to the first respondent – RGUHS. In January 2025, the first respondent – RGUHS conducted Post Graduation examination, in which, the petitioner obtained 49.75% marks in theory paper. It is the specific contention of the petitioner that in the light of the judgment of this Court in the case of DR.K.SREE

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LAXMI V/S. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND ANOTHER in W.P.No.3438/2025 and Connected Matters dated 24.02.2025 , this Court has come to the conclusion that the petitioner would be entitled to rounding off the percentage of marks of 49.75% obtained by him to be rounded off to 50% which would enable him to pass the examination. It is therefore submitted that present writ petition also deserves to be allowed and dispose of in terms of the aforesaid judgment in DR.K.SREE LAXMI ’s case supra.

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Per contra, learned counsel Smt.Farah Fathima

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for respondent Nos.1 and 2 – RGUHS would reiterate the various contentions urged in the statement of objections and submits that there is no merit in the writ petition and the same is liable to be dismissed.

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As rightly contended by the learned counsel for the petitioner, it is an undisputed fact as borne out from the material on record that the petitioner obtained 49.75% in the examinations taken by him in January-2025. The

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question/issue as to whether a student obtaining 49.75%/49.50%/49.25% in Post Graduation examinations

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conducted by the first respondent – RGUHS can be rounded off to 50% so as to enable a student to passing percentage of marks came up for consideration before this Court in DR.K.SREE LAXMI ’s case supra, wherein it is held as under:

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“ ORAL ORDER

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Since all these writ petitions involve common questions, the writ petitions are taken up together.

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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.

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3. In W.P.No.3438/2025, the petitioner is seeking an appropriate writ / order or direction:

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“Declaring the Petitioner as “Pass” in the examination in 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. 384/2021 and as per the decision of Syndicate meeting held on 1211-2020.”

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In W.P.No.3443/2025, the petitioner is seeking an appropriate writ / order or direction:

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“declaring the Petitioner as “Pass” in the examination in the discipline of MD General 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.”

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In W.P.No.3445/2025, the petitioner is seeking an appropriate writ / order or direction:

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“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 49.75% 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.”

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In W.P.No.3464/2025, the petitioner is seeking an appropriate writ / order or direction:

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“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.”

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In W.P.No.3489/2025, the petitioner is seeking an appropriate writ / order or direction:

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“declaring the Petitioner as “Pass” in the examination in 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. 384/2021 and as per the decision of Syndicate meeting held on 1211-2020.”

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In W.P.No.3525/2025, the petitioner is

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seeking an appropriate writ / order or direction:

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“declaring the Petitioner as “Pass” in the examination in the discipline of MD General 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.”

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In W.P.No.3539/2025, the petitioner is seeking an appropriate writ / order or direction:

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“declaring the Petitioner as “Pass” in the examination in 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 12-112020.”

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In W.P.No.3554/2025, the petitioner is

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seeking an appropriate writ / order or direction:

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“declaring the Petitioner as “Pass” in the examination in the discipline of MD Pediatrics examination conducted by RGUHS held in

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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 12-112020.”

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In W.P.No.3556/2025, the petitioner is

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seeking an appropriate writ / order or direction:

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“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.”

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In W.P.No.3671/2025, the petitioner is seeking an appropriate writ / order or direction:

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“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.”

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In W.P.No.4071/2025, the petitioner is seeking an appropriate writ / order or direction:

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“declaring the Petitioner as “Pass” in the examination in 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,

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W.A. 547/2021 & R.P.384/2021 and as per the decision of Syndicate meeting held on 12-112020.”

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In W.P.No.4089/2025, the petitioner is

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seeking an appropriate writ / order or direction:

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“declaring the Petitioner as “Pass” in the examination in the discipline of m.s OtoLaryngol 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.”

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In W.P.No.4090/2025, the petitioner is seeking an appropriate writ / order or direction:

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“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.”

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In W.P.No.4603/2025, the petitioner is seeking an appropriate writ / order or direction:

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“declaring the Petitioner as “Pass” in the examination in 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.”

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4. Heard the learned counsel appearing for the petitioner-students and learned counsel appearing for the respondents and perused the materials on record.

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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 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

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1 WP 11348/2020 disposed on 20.10.2020

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2 W.P. No.17479/2021 D.D. 30.09.2021

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3 R.P.No.384/2021 in WP No.17479 of 2021 D.D.08.03.2021

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4 W.A NO.547/2021 D.D. 18.06.2021

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evaluators for the paper is to be rounded off to the nearest whole number.

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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 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%.

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7. Respondent Nos.1 and 2 having entered appearance opposes the writ petition by filing

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statement of objections inter alia contending that the petitioners herein have failed to secure minimum 200/400 marks in PG examinationJanuary 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 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

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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 PGMER2023 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.

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8. Having heard the learned counsel for the parties, the question that arises for consideration is:

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“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?”

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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

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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 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.

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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

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50% and the respondent - University is directed to consider the petitioners as ‘Pass’ and issue necessary result sheet accordingly.”

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As is clear from the aforesaid judgment of this

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Court in DR.K.SREE LAXMI ’s case supra, this Court has categorically held that a student pursuing post graduation studies in a college affiliated to the first respondentRGUHS and obtaining 49.75%/49.50%/49.25% in theory examination would be entitled to get the same rounded off to 50% and directions were issued to the first respondentRGUHS to consider the said petitioner’s as pass/passed and issue necessary result sheet accordingly.

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The aforesaid judgment of the Co-ordinate Bench of this Court in DR.K.SREE LAXMI ’s case supra is directly and squarely applicable to the facts and circumstances of the present case in which the petitioner undisputedly obtained 49.75%, which deserves to be rounded off to 50%, thereby directing the respondent No.1 – RGUHS to consider petitioner as having passed and by issuing necessary result sheet accordingly.

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8. In the result, the following:

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ORDER

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a) Writ petition is hereby allowed in terms of the order in the case of DR.K.SREE LAXMI V/S.

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND ANOTHER in W.P.No.3438/2025 and Connected Matters dated 24.02.2025 .

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b) The respondent No.1 – RGUHS is directed to round off the percentage of marks obtained by the petitioner from 49.75% to 50% and consider the petitioner as having passed and issue necessary marks sheet/result sheet within a period of two weeks from today.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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NC

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List No.: 1 Sl No.: 0

Dr. Mangukiya Axay Kanthilal v. Rajiv Gandhi University of

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Dr. Mangukiya Axay Kanthilal v. Rajiv Gandhi University of

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