Karnataka High Court
Dr. Mangukiya Axay Kanthilal vs Rajiv Gandhi University Of on 12 March, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:10434
WP No. 6734 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.6734 OF 2025 (EDN-RES)
BETWEEN:
DR. MANGUKIYA AXAY KANTHILAL
S/O KANTILAL
AGE 30 YEARS
UNI. REG. NO. 21MG349
R/O NO.3, WHITE HOUSE RESIDENCY
VALLABHACHARYA ROAD, HIRABAUG
Digitally signed
VARACHA ROAD, SURAT, GUJARAT - 395006.
by
MARIGANGAIAH
...PETITIONER
PREMAKUMARI
Location: HIGH (BY SRI. ABHISHEK MALIPATIL, ADV.,)
COURT OF
KARNATAKA
AND:
1. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES, 4TH 'T' BLOCK
JAYANAGAR, BENGALURU-560070
REPRESENTED BY ITS VICE CHANCELLOR.
2. THE REGISTRAR (EVALUATION)
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH 'T' BLOCK, JAYANAGAR
BENGALURU-560070.
3. NATIONAL MEDICAL COUNCIL
POCKET NO.14, SECTOR 8
DWARAKA, NEW DELHI-0077
REP. BY ITS SECRETARY.
[AMENDMENT CARRIED OUT AS
PER ORDER DTD:6.3.2025]
...RESPONDENTS
(BY SMT. FARAH FATHIMA, ADV., FOR R1 & R2
SRI. N. KHETTY, ADV., FOR R3)
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WP No. 6734 of 2025
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.
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 for following reliefs:
"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
ii. Issue any other appropriate writ, or order
or direction as this Hon'ble Court deems fit
to grant in the ends of justice."
2. 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.
3. A perusal of the material on record will indicate
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
NC: 2025:KHC:10434
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.
4. Per contra, learned counsel Smt.Farah Fathima
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.
5. 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
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:
"ORAL ORDER
Since all these writ petitions involve common
questions, the writ petitions are taken up together.
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.
3. In W.P.No.3438/2025, the petitioner is
seeking an appropriate writ / order or direction:
"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 12-
11-2020."
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In W.P.No.3443/2025, the petitioner is
seeking an appropriate writ / order or direction:
"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."
In W.P.No.3445/2025, the petitioner is
seeking an appropriate writ / order or direction:
"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."
In W.P.No.3464/2025, the petitioner is
seeking an appropriate writ / order or direction:
"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."
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 12-
11-2020."
In W.P.No.3525/2025, the petitioner is
seeking an appropriate writ / order or direction:
"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."
In W.P.No.3539/2025, the petitioner is
seeking an appropriate writ / order or direction:
"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 12-11-
2020."
In W.P.No.3554/2025, the petitioner is
seeking an appropriate writ / order or direction:
"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 12-11-
2020."
In W.P.No.3556/2025, the petitioner is
seeking an appropriate writ / order or direction:
"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."
In W.P.No.3671/2025, the petitioner is
seeking an appropriate writ / order or direction:
"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."
In W.P.No.4071/2025, the petitioner is
seeking an appropriate writ / order or direction:
"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 12-11-
2020."
In W.P.No.4089/2025, the petitioner is
seeking an appropriate writ / order or direction:
"declaring the Petitioner as "Pass" in the
examination in the discipline of m.s Oto-
Laryngol 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."
In W.P.No.4090/2025, the petitioner is
seeking an appropriate writ / order or direction:
"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."
In W.P.No.4603/2025, the petitioner is
seeking an appropriate writ / order or direction:
"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.
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
WP 11348/2020 disposed on 20.10.2020
W.P. No.17479/2021 D.D. 30.09.2021
R.P.No.384/2021 in WP No.17479 of 2021 D.D.08.03.2021
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.
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%.
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 examination-
January 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
W.P.No.10365/2020 D.D.13.11.2020
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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 PGMER-
2023 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:
"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?"
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.
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."
6. As is clear from the aforesaid judgment of this
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 respondent-
RGUHS 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 respondent-
RGUHS to consider the said petitioner's as pass/passed
and issue necessary result sheet accordingly.
7. 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:
ORDER
a) Writ petition is hereby allowed in terms of the
order in the case of DR.K.SREE LAXMI V/S.
RAJIV GANDHI UNIVERSITY OF HEALTH
SCIENCES AND ANOTHER in
W.P.No.3438/2025 and Connected Matters
dated 24.02.2025.
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.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
NC
