Karnataka High Court
C. G. Devi Sreenath Varma vs Rajiv Gandhi Univeristy Of Health ... on 14 August, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC-D:10292
WP No. 105685 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 14TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 105685 OF 2025 (EDN-EX)
BETWEEN:
C. G. DEVI SREENATH VARMA
REG. NO.16H0814
IV YEAR, BHMS
AGE 26 YEARS,
OCC. STUDENT OF DR. B.D. JATTI HOMOEPATHIC
COLLEGE AND HOSPITAL,
DHARWAD
...PETITIONER
(BY SRI. OMKAR LAXMAN DESAI,ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERISTY OF HEALTH SCIENCES
Digitally signed REPRESENTED BY ITS VICE CHANCELLOR/REGISTRAR
by GIRIJA A. 4TH BLOCK, EAST, PATTABHIRAMANAGAR, JAYANAGAR
BYAHATTI
BENGALURU 560041
Location: High
Court of
Karnataka, 2. THE NATIONAL COMMISSION FOR HOMEOPATHY
Dharwad Bench, REPRESENTED BY ITS SECRETARY
Dharwad OFFICE, INSTITUTIONAL AREA
JANAKAPURI D BLOCK,
NEW DELHI 110058
3. DR. B.D.JATTI HOMOEOPATHIC
COLLEGE AND HOSPITAL, DHARWAD
REPRESENTED BY ITS PRINCIPAL
...RESPONDENTS
(BY SRI. AVINASH BANAKAR., ADVOCATE FOR R1;
SRI. M.B. KANAVI., ADVOCATE FOR R2;
R3-NOTICE D/W)
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NC: 2025:KHC-D:10292
WP No. 105685 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
MANDAMUS DIRECTING THE RESPONDENT NO. 1 AND 2 TO
CONSIDER CASE OF THE PETITIONER STUDENTS AND PERMIT HIM
TO APPEAR FOR 4TH YEAR BHMS COURSE EXAMINATION
SCHEDULED ON 20-08-2025 AND FURTHER THE RESPONDENT NO. 1
TO DECLARE THE RESULT OF SAID EXAMINATION, TO MEET THE
ENDS OF JUSTICE AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the
following reliefs:
i. Issue a writ of mandamus directing the R1 & R2 to
consider the case of the petitioner students and
permit him to appear for 4th year BHMS course
examination scheduled on 20.08.2025 and further
the R1 to declare the result of said examination, to
meet the ends of justice and
ii. Issue such other writ, orders or direction as this
Hon'ble Court deems fit in the facts and
circumstances of the case in the interest of justice
and equity.
NC: 2025:KHC-D:10292
HC-KAR
2. The issue in the above matter has already been
considered by the Co-ordinate Bench of this Court in
order in Srushti D/o. Surendra Badawadagi &
Ors. vs. Rajiv Gandhi University of Health
Sciences & Ors in WP No.104179/2023 dated
19.7.2023 and which has been confirmed by the
Division Bench of this Court vide its order in Rajiv
Gandhi University of Health Sciences vs. Srushti
D/o Surendra Badawadagi & Ors. in WA
No.100526 of 2023 dated 9.10.2023.
3. The essence of both the judgments is that, if the
candidate has completed his 3rd year course
successfully six months prior to the holding of the 4th
year examination he/she ought to be permitted to
take up the examination.
4. In the present case, the petitioner has completed his
3rd year on 24.09.2024 and the examination for the
4th year now proposed to be held on 20.8.2025 which
has a gap of more than 6 months.
NC: 2025:KHC-D:10292
HC-KAR
5. In that view of the matter, I pass the following;
ORDER
i. The writ petition is allowed.
ii. A mandamus is issued directing respondents
No.1 and 2 to permit the petitioner to take up
the 4th year BHMS examination scheduled from
20.8.2025.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
SR
