B.Bhaskar Sasanka vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1268 AP

Citation : 2021 Latest Caselaw 1268 AP
Judgement Date : 2 March, 2021

Andhra Pradesh High Court - Amravati

B.Bhaskar Sasanka vs The State Of Andhra Pradesh, on 2 March, 2021

Bench: Kongara Vijaya Lakshmi

(SHOW CAUSE NOTICE BEFORE ADMISSION) |

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION NO: 5101 OF 2021

Between:

1. B.Bhaskar Sasanka, s/o Durga Prasad Aged about 23 years, MBBS Student,
Nimra_ Institution of Medical Sciences, lbrahampatnam, Vijayawada Rural,
Krishna district.

2. Nallaka Teja Vardhan Naidu, s/o Seshagiri Rao Aged about 22 years, MBBS
Students, Nimra Institution of Medical Sciences, lbrahampatnam, Vijayawada
Rural, Krishna district.

3. Pudi Bhaja Govinda Srivathsav, s/o Madhu Sudhana Rao, aged about 22 years,
MBBS Student, Nimra_ Institution of Medical Sciences, lbrahampatnam,
Vijayawada Rural, Krishna district.

4. S.S.A.H.Naveen, s/o Srinivasa Rao Aged about 21 years, MBBS student, Nimra
Institution of Medical Sciences, Ibrahimpatnam, Vijayawada Rural, Krishna
district. -

Petitioners
AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Medical, Health
and Family Welfare Department, Secretariat Buildings, Amaravathi.
2. NTR University of Health Sciences, Rep. by its Registrar, Vijayawada, Krishna
district.
3. The Medical Council of India, Rep. by its Secretary, Pocket 14, Sector-8, Dwarka
Phase-1, New Delhi-110 007.
Respondents
- WHEREAS the Petitioners above named through their Advocate
Sri.G.V.S.Mehar Kumar presented this Petition under Article 226 of the Constitution of
India praying that in the circumstances stated in the affidavit filed therewith, the High
Court may be pleased to issue writ of mandamus or any other appropriate writ or
direction declaring the action of the 2nd and 3rd respondents in conducting the digital
evaluation process contrary to the Principles laid down in Dr. P.Kishore Kumar Vs. State
of A.P. 2016(6) ALT 408) and Dr.J. Kiran Kumar and others Vs. State of A.P. 2017 (6)
ALT 213 in respect of 1St petitioner's 2nd year and petitioners 2 to 4 of final MBBS Part-
1Course Examinations held in the month of November, 2020 and not furnishing copies
of the petitioner's answer scripts (for failed subjects) as highly illegal, arbitrary, irrational,
void and opposed to the Principles of Natural Justice and apart from violative of Articles
14 and 21 of Constitution of India and consequently direct the respondent Nos. 2 & 3 to
evaluate the petitioner's answer scripts strictly in adherence to the above stated
Judgments of this Hon'ble Court;

AND WHEREAS the High Court upon perusing the petition and affidavit
filed herein and upon hearing the arguments of Sri.G.V.S.Mehar Kumar Advocate for
the Petitioner, Learned Government Pleader for Medical and Health for respondent
No.1, Sri G.Vijay Kumar, learned Standing Counsel for respondent No.2 and of Sri
Vivek Chandrasekhar, learned Standing Counsel for respondent No.3, directed issue of
notice to the Respondents herein to show cause as to why this WRIT PETITION should

not be admitted.

" You viz:

1. The Principal Secretary, Medical, Health and Family Welfare Department,
State of Andhra Pradesh, Secretariat Buildings, Amaravathi.

2. The Registrar, University of Health Sciences, Vijayawada, Krishna district.

3. The Secretary, Medical Council of India, Pocket 14, Sector-8, Dwarka Phase-
1, New Delhi-110 007.

are directed to show cause either appearing in person or through an Advocate, as to
why in the circumstances set out in the petition and the affidavit filed therewith (copy
enclosed) this WRIT PETITION should not be admitted before 25.03.2021, on which
date the case stands posted for hearing.

iA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd
respondent to produce our answer scripts for examination by this Hon'ble Court pending
disposal of the Writ Petition No. 5101 of 2021, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:

Notice before admission.

Learned Government Pleader for Medical and Health takes notice on behalf
of respondent No.1.

Sri G.Vijay Kumar, learned Standing Counsel, takes notice on behalf
of respondent No.2.

Respondent No.3 -- Medical Council of India has since been changed
to National Medical Commission, learned Counsel for the petitioner
undertakes to amend the cause-title accordingly.

Sri Vivek Chandrasekhar, learned Standing Counsel, takes notice on
behalf of respondent No.3.

All the counsel seek time to file their respective counter affidavits.

List after three weeks.

| Sd/-E.KameswaraRao

_ ASSISTANT EGISTRAR

| SECTION OFFIC

[TRUE COPY//

To,
4. The Principal Secretary, Medical, Health and Family Welfare Department, State

of Andhra Pradesh, Secretariat Buildings, Amaravathi.

The Registrar, University of Health Sciences, Vijayawada, Krishna district.

The Secretary, Medical Council of India, Pocket 14, Sector-8. Dwarka Phase-1,

New Delhi-110 007. (1 to 3 by RPAD- along with a copy of petition and affidavit)