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Karnataka High Court

Dr Gaurav Bhatia vs Rajiv Gandhi University Of Health ... on 31 January, 2026

                                              -1-
                                                         NC: 2026:KHC:5692
                                                       WP No. 1798 of 2024


                   HC-KAR




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 31ST DAY OF JANUARY, 2026

                                           BEFORE

                        THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

                        WRIT PETITION NO. 1798 OF 2024 (EDN-RES)

                   BETWEEN:


                   DR GAURAV BHATIA
                   S/O MR MUKUL BHATIA
                   AGED 35 YEARS
                   UNI REG NO.18EX426
                   R/O NO.21,
                   KAMLANAGAR, LALBAGH
                   BURHANPUR, MADYA PRADESH-450331
                                                              ...PETITIONER
                   (BY SRI. GAURAV BHATIA - PETITIONER, (ABSENT))
Digitally signed
by KIRAN
KUMAR R            AND:
Location: HIGH
COURT OF           1.   RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
KARNATAKA
                        4TH T BLOCK, JAYANAGAR
                        BENGALURU-560041
                        REP. BY ITS VICE CHANCELLOR


                   2.   THE REGISTRAR (EVALUATION)
                        RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
                        4TH T BLOCK
                           -2-
                                       NC: 2026:KHC:5692
                                     WP No. 1798 of 2024


HC-KAR




     JAYANAGAR
     BENGALURU-560070


3.   DENTAL COUNCIL OF INDIA
     AIWAN -E-GALIB MARG, KOTLA ROAD
     TEMPLE LANE, NEW DELHI-110002
     BY ITS SECRETARY
                                         ...RESPONDENTS
[BY SRI. GIRISH KUMAR R, ADVOCATE FOR R1 & R2 (VK NOT
FILED)
SRI. G.S. BHAT, ADVOCATE FOR R3]

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-
QUASH THE ORDINANCE GOVERNING POST GRADUATE,
INCLUDING PG-DIPLOMA AND SUPER SPECIALITY ANSWER
SCRIPTS EVALUATION VIDE NOTIFICATION DTD 29.03.2019
WITH NO.RGU/AUTH/140-SYN/117-6 (EXAM)/ 2018-19 ISSUED
BY THE R2, PRODUCED AT ANNEXURE-E, ONLY IN SO FAR AS
IT PERTAINS TO CONDUCT OF VALUATION OF THE PG-DENTAL
(PAR I-MDS) EXAMINATIONS IS CONCERNED AND DIRECT
THE R1 AND 2 TO RECOMPUTE THE RESULTS OF THE MDS -
ORAL AND MAXILLOFACIAL SURGERY (RSS) - PART I
EXAMINATION OF OCTOBER 2023 UNDERTAKEN BY THE
PETITIONER BY CONSIDERING THE AVERAGE OF THE TWO
HIGHEST MARKS FROM AMONGST THE 5 MARKS AWARDED SO
AS TO SATISFY THE REQUIREMENT UNDER REGULATION 19
AND 22 OF THE DENTAL COUNCIL OF INDIA, MASTER OF
DENTAL SURGERY COURSE REGULATIONS, 2017 AND TO
ANNOUNCE THE RESULTS AFRESH, AND IN THE ALTERNATIVE
TO DIRECT THE R1 AND 2 TO CONDUCT FRESH EVALUATION
OF THE THEORY ANSWER PAPER OF MDS - ORAL AND
MAXILLOFACIAL SURGERY (RSS) - PART I EXAMINATION OF
OCTOBER 2023 UNDERTAKEN BY THE PETITIONER IN TERMS
OF THE REGULATION 19 AND 22 OF THE DENTAL COUNCIL OF
INDIA, MASTER OF DENTAL SURGERY COURSE REGULATIONS,
2017 AND TO ANNOUNCE THE RESULTS AFRESH.
                               -3-
                                                    NC: 2026:KHC:5692
                                                WP No. 1798 of 2024


HC-KAR




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


CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

                       ORAL ORDER

1. The petitioner appearing through an advocate as filed this petition seeking following relief:

(i) quash the Ordinance governing Post Graduate, including PG-Diploma and super-speciality answer scripts evaluation vide notification dated 29.03.2019 with No.Rgu/Auth/140-

Syn/117-6 (exam) / 2018-19 issued by respondent No.2, produced at Annexure-E, only insofar as it pertains to conduct of valuation of the PG- Dental (Par I-MDS) examinations is concerned and

(ii) direct respondent Nos.1 and 2 to re-

compute the results of the MDS - oral and maxillofacial surgery (RSS) - Part I examination of October 2023 undertaken by the petitioner by considering the average of the two highest marks from amongst the 5 -4- NC: 2026:KHC:5692 WP No. 1798 of 2024 HC-KAR marks awarded so as to satisfy the requirement under regulation 19 and 22 of the Dental Council of India, Master of Dental Surgery Course Regulations, 2017 and to announce the results afresh, and in the alternative to

(iii) direct respondent Nos.1 and 2 to conduct fresh evaluation of the theory answer paper of MDS - oral and maxillofacial surgery (RSS) - Part I examination of October 2023 undertaken by the petitioner in terms of the Regulations 19 and 22 of the Dental Council of India, Master of Dental Surgery Course Regulations, 2017 and to announce the results afresh."

2. Learned counsel for the petitioner was permitted to retire from the case vide order dated 17.02.2024, on which date, the petitioner has undertaken to engage the service of another counsel by the next date of hearing.

-5-

NC: 2026:KHC:5692 WP No. 1798 of 2024 HC-KAR

3. From the perusal of the relief sought in the writ -

petition, it is clear that, by efflux of time the writ petition has rendered infructuous.

4. Hence, the writ petition is dismissed as having rendered infructuous.

Sd/-

(ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 2 Sl No.: 9