Ms. Vaishnavi Vijay vs Rajiv Gandhi University Of Health Sciences & Ors.

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

After some arguments, the learned counsel for the appellant seeks permission to withdraw the present appeal. He points out that, by virtue of the interim order dated 08.12.2025 passed in W.P. No.36115/2025 (EDN-RES), the appellant has attended Third Year Bachelor of Dental Surgery [BDS] classes, notwithstanding that she had not cleared the Second Year BDS examination held in October 2025, having failed in two subjects- “General Pathology and Microbiology”, and “General and Dental Pharmacology and Therapeutics”.

Additionally, the appellant had reappeared for the supplementary examinations conducted in March, 2026 and has cleared the same. Thus, the appellant has not only cleared the subjects in which she had earlier failed, but also claims to have attended the classes by virtue of the interim order. The learned counsel submits that, in this view, if the appellant is now relegated to repeat the said classes, the same would not be justified.

In these peculiar circumstances of the case, we permit the appellant to withdraw the present appeal. However, this would not preclude respondent No.1-Rajiv Gandhi University of Health Sciences [the University] from considering the appellant’s case, bearing in mind the special facts as noted above. It is also clarified that we have not rendered any opinion on whether the appellant’s undertaking the III BDS course should be regularized; it is entirely within the discretion of the University to consider the appellant’s case.

The appeal is dismissed as withdrawn, albeit with the aforesaid observations.

The pending interlocutory applications also stand disposed of.