HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.22621 of 2023
ORDER:
Heard Mr.P.Srinivasa Rao, learned counsel appearing on behalf of petitioner and learned Government Pleader for Medical Health, appearing on behalf of respondent No.1 and of Mr.A.Prabhakar Rao, learned Standing Counsel appearing on behalf of respondent No.2-University.
PERUSED THE RECORD
2. The petitioner approached the Court seeking the prayer as follows:
"to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the in action of the respondents in digitally(Online) evaluating the answer scripts of the petitioner relating to the Biochemistry of 1st year MBBS examination held in June, 2023 as bad in law and in violation of the fundamental rights guaranteed under the Constitution of India and consequently to direct the respondents to provide the answer scripts of petitioner (Registration No.2001009127) of Biochemistry of 1st year MBBS held in June, 2023, so 2 SN,J WP_22621_2023 as to examine whether verifying or Re totaling of the answer scripts has been properly done or not and verify whether the evaluation was proper and consequently to direct the respondents to provide the copies of answer script of 'Bio-Chemistry' paper in which the petitioner could not pass and to manually evaluate the above said answer script of the petitioner and declare the results of the same in a transparent manner and grant such other order or orders as this Hon'ble Court deem fit and proper in the interest of justice."
3. The main grievance of the petitioner is that she is doing MBBS course in Mediciti Institute of Medical Sciences, Hyderabad and she appeared for 1st year examinations with Registration No.2001009127 conducted in the month of June, 2023 by 2nd respondent university. Though she answered very well in the examinations and was expecting more than 60% put together in theory and practical examinations are concerned, she was erroneously declared as failed in 'Bio Chemistry' with 6 marks.
4. The learned Counsel for the petitioner vide Memo dated 29.08.2023 brings on record the representation made by the petitioner to the respondent no.2, requesting the 2nd 3 SN,J WP_22621_2023 respondent for the revaluation of her Bio Chemistry Paper-I and Paper-II of the 1st year MBBS Examination conducted in July, 2023. The learned counsel for the petitioner also places reliance upon the Judgment of the Apex Court reported in (2008) 14 S.C.R. 1032 in between Sahiti and others Vs. the Chancellor Dr.N.T.R University of the Health Sciences and others (Civil Appeal No.6202 of 2008), dated 22.10.2008 and in particular paragraph 'G' reads as under:
"That the Vice-Chancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under the Act and shall report to such authority the action taken by him on such matter."
5. The learned Standing Counsel appearing on behalf of respondent No.2-University submits that the Writ petition could be disposed of directing the 2nd respondent to consider the representation of the petitioner dated 20.08.2023.
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6. Taking into consideration the submissions of both the learned counsel appearing on behalf of petitioner as well as Respondents and in the light of the aforesaid discussion, the present writ petition is disposed of directing the 2nd respondent to consider the representation of the petitioner dated 20.08.2023 duly taking into consideration the observations of the Hon'ble Apex Court reported in (2008) 14 S.C.R. 1032 in Sahiti and others Vs. the Chancellor Dr.N.T.R University of the Health Sciences and others (Civil Appeal No.6202 of 2008), dated 22.10.2008 and pass appropriate orders, in accordance to law, preferably within a period of two(02) weeks from the date of receipt of the copy of this order, duly communicating the decision to the petitioner.
7. With these observations, the Writ petition is disposed of. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed.
__________________________ MRS JUSTICE SUREPALLI NANDA Date: 1st September, 2023 ksl 5 SN,J WP_22621_2023 THE HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.22621 of 2023 DATED:01.09.2023 ksl