2. Heard learned counsel for the petitioner and learned
the material on record.
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:
In W.P.No.3443/2025, the petitioner is seeking an
appropriate writ / order or direction:
In W.P.No.3445/2025, the petitioner is seeking an
appropriate writ / order or direction:
In W.P.No.3464/2025, the petitioner is seeking an
appropriate writ / order or direction:
In W.P.No.3489/2025, the petitioner is seeking an
appropriate writ / order or direction:
In W.P.No.3539/2025, the petitioner is seeking an
appropriate writ / order or direction:
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 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."
NC: 2025:KHC:11595
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, 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%
NC: 2025:KHC:11595
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."
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
WP 11348/2020 disposed on 20.10.2020
NC: 2025:KHC:11595
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
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
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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NC: 2025:KHC:11595
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 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
W.P.No.10365/2020 D.D.13.11.2020
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NC: 2025:KHC:11595
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 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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NC: 2025:KHC:11595
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 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
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NC: 2025:KHC:11595
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 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 49.25% /
49.50% / 49.75% in theory examination would be entitled to get the
same rounded off to 50% and directions were issued to the first
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NC: 2025:KHC:11595
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 49.25%, 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.
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 49.25% to 50% and consider the petitioner as
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NC: 2025:KHC:11595
having passed and issue necessary marks sheet /
result sheet within a period of two weeks from today.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
SV
