Dr Madhur Verghese Vs Rajiv Gandhi University — Writ and Judicial Review | Karnataka HC (2025)

Dr Madhur Verghese Vs Rajiv Gandhi University — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Respondents directed to permit the petitioner to avail one available attempt to clear the back log subject/s in the ensuing examination scheduled to be conducted by the respondents.

Issue for consideration

Whether the petitioner is entitled to one available attempt out of the maximum four attempts to clear the subject 'Accounting and Financial Management in Health Care' of the 2nd Semester MHA Course Examinations, and consequently to be permitted to appear and clear the said backlog subject. +2 more

Court's answer

Perusal of the material on record, in particular, the Student Examination History, indicates that the petitioner had made/taken only three attempts at the examination in the subject.

Ratio / Principle

The petitioner did not take/make the fourth attempt in May 2023 (October 2023); being declared 'failed' on account of his absence to the examination cannot be construed or treated as his having made one more attempt to write the examination.

Key takeaways

Merely because the petitioner had inadvertently stated that he had made four attempts, the said representation cannot be made the basis to come to the conclusion that he had exhausted all four attempts.ratio¶¶37
Since the record clearly establishes that the petitioner had made only three attempts, he was entitled to one more attempt to take up the ensuing examination to be scheduled by the respondents.ratio¶¶37

Detailed headnote1 paragraphs

Education - Writ Petition (EDN-RES) under Articles 226 and 227 of the Constitution of India, High Court of Karnataka (S.R. Krishna Kumar, J.), 19.03.2025, WP No. 6736 of 2025 - Petitioner, an MHA student (Regn. No. 21HA069) of Respondent No.3-College affiliated to Rajiv Gandhi University of Health Sciences, sought declaration that he was entitled to one available attempt out of the maximum four attempts to clear the backlog subject 'Accounting and Financial Management in Health Care' of the 2nd Semester MHA Course Examinations. His representation dated 24.01.2025 had, due to oversight, erroneously stated four attempts, and Respondent No.3-College's communication dated 25.01.2025 (Annexure-G) declared all attempts exhausted. The Court held, based on the Student Examination History, that the petitioner had made only three attempts; his absence in the May 2023 (October 2023) sitting, for which he was declared 'failed', could not be construed or treated as an attempt; and the erroneous representation could not be made the basis to hold the attempts exhausted. Petition allowed; respondents directed to permit the petitioner one available attempt to clear the backlog subject/s in the ensuing examination.

1 - NC: 2025:KHC:11289 WP No. 6736 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION No.6736 OF 2025 (EDN-RES)

BETWEEN:

DR. MADHUR VERGHESE S/O. VERGHESE JOSEPH AGED: 32 YEARS UNI. REG. No. 21HA069 R/O. INTERNATIONAL GARDEN MAHAL APTS PUSHPAGIRI ROAD, 422, GB, THIRUVALLA PATHANAMTHITTA, KERALA - 689 101.

…PETITIONER

(BY SRI ABHISHEK MALIPATIL, ADVOCATE)

AND:

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH T BLOCK, JAYANAGAR BENGALURU - 560 041. REP. BY ITS VICE CHANCELLOR.

Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

THE REGISTRAR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH T BLOCK, JAYANAGAR BENGALURU - 560 041.

ST. JOHN'S MEDICAL COLLEGE SARJAPUR ROAD BENGALURU - 560 034. REP. BY ITS DEAN.

…RESPONDENTS

(BY SMT. MAMATHA KULKARNI, ADVOCATE FOR R1 & R2 SRI P N MANMOHAN, ADVOCATE FOR R3)

2 - NC: 2025:KHC:11289 WP No. 6736 of 2025

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PETITIONER IS ENTITLED FOR ONE AVAILABLE ATTEMPT OUT OF THE MAXIMUM FOUR ATTEMPTS TO CLEAR THE SUBJECT - 'ACCOUNTING AND FINANCIAL MANAGEMENT IN HEALTH CARE’ OF THE 2^ND SEMESTER MHA COURSE EXAMINATIONS AND CONSEQUENTLY DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER TO APPEAR AND CLEAR THE SAID BACKLOG SUBJECT AND ETC.,

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 the following reliefs:

i. Issue a writ or order or direction in the nature of mandamus or any other appropriate writ or order or direction, declaring the petitioner to be entitled for 1/one available attempt out of the maximum 4 attempts to clear the subject ‘Accounting and Financial Management in Health Care of the 2^nd Semester MHA Course Examinations; and consequently direct the respondents to permit the petitioner to appear and clear the said backlog subject; and

ii. Issue a writ or order or direction in the nature of mandamus directing the Respondent University to consider the representation dtd.25.01.2025 issued by the Respondent No.3 Institution vide Annexure-G

3 - NC: 2025:KHC:11289 WP No. 6736 of 2025

and consequently direct the respondents to grant 1 available attempt to clear the 2^nd Semester MHA Course Examinations; and

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

Heard the learned counsel for the petitioner, learned counsel for respondent Nos.1 and 2, and learned counsel for respondent No.3-College and perused the material on record.

In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited attention of this Court to the Student Examination History pertaining to the petitioner in order to point out that the petitioner took examination for the subject ‘Accounting and Financial Management in Health Care’ in May 2024(October 2024), November 2024 (April 2025), May 2023 (October 2023), December 2022(April 2023) and failed on three occasions. It is also pointed out that in May 2023 (October 2023), petitioner did not make an attempt to write the examination and remained absent and was declared to be failed.

4 - NC: 2025:KHC:11289 WP No. 6736 of 2025

It is also submitted that due to oversight and inadvertence, though petitioner had made only three attempts to write the aforesaid examination in the subject ‘Accounting and Financial Management in Health Care’, he had erroneously/ incorrectly stated that he had made four attempts to write the aforesaid examination. Despite making only three attempts and remaining absent in the fourth attempt, petitioner made a representation to the respondent on 24.01.2025, who in turn issued the communication dated 25.01.2025 stating that petitioner had exhausted all the four attempts and accordingly, not entitled to take one more attempt in the aforesaid subject. Therefore, petitioner is before this Court by way of present writ petition.

Per contra, learned counsel for respondent Nos.1 and 2 submits that even according to the petitioner, he had exhausted all the four attempts which was also communicated to him vide aforesaid communication dated 25.01.2025 issued by the respondent No.3-College and as such, petitioner is not entitled to any relief in the present writ petition and therefore, petition is liable to be dismissed.

5 -

NC: 2025:KHC:11289 WP No. 6736 of 2025

As rightly contended by learned counsel for the petitioner, perusal of the material on record, in particular, Student Examination History would indicate that petitioner had made/ taken only three attempts. It is also pertinent to note that petitioner had not taken/made the fourth attempt in May 2023 (October 2023), but was declared to be ‘failed’ on account of his absence to the examination which cannot be construed or treated as petitioner having made one more attempt to write the examination.

Under these circumstances, it is clear that merely because the petitioner had inadvertently stated that he had made four attempts, said representation cannot be made basis to come to the conclusion that petitioner had exhausted all the four attempts, which is contrary to the material on record which clearly establishes that petitioner had made only three attempts and as such, petitioner was entitled to one more attempt to take up the ensuing examination to be scheduled by the respondents.

In the result, petition is hereby allowed .

6 -

NC: 2025:KHC:11289 WP No. 6736 of 2025

Respondents are directed to permit the petitioner to avail one

available attempt to clear the back log subject/s in the ensuing examination scheduled to be conducted by the respondents.

Sd/(S.R.KRISHNA KUMAR) JUDGE

kcm/NM List No.: 1 Sl No.: 8