Dr Pipavath Saraswathi vs The State Of Ap
2022 Latest Caselaw 9359 AP

           HON'BLE SRI JUSTICE K.SURESH REDDY

                    W.P.No. 28643 of 2022

ORDER:-



       The present writ petition is filed seeking the following

relief:-

       "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 judgment passed in

W.P.No.12418/2021 in respect of Petitioner's MS

Ophthalmology subject of PG Medical Course theory paper of

Examinations held in the month of April 2022 and not

furnishing copies of the petitioner's answer scripts (for failed

subject i.e., Ophthalmology), as highly illegal, arbitrary,

irrational, void and contrary 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 as 3 to

evaluate the petitioner's answer scripts strictly in adherence

to the above stated Judgments of this Honble Court."

When the matter is taken up for hearing, it is brought to

the notice of this court by both the learned counsel that this

writ petition is squarely covered by the Judgment, dated

04-11-2022, rendered by the Hon'ble Apex Court in Civil

Appeal No.8037 of 2022 in which the Appeal filed by the NTR

University of Health Sciences, questioning the Orders of the

learned single Judge as well as Division Bench ordering re-

evaluation of the answer scripts of the writ petitioners, was

allowed and rejected the request of the petitioner therein for

re-evaluation. For better appreciation, it is relevant to

mention the para.11 of the judgment of the Hon'ble Apex

Court hereunder:-

"11. In view of the above and for the reasons stated above, the common judgment and order passed by the learned Single Judge ordering re-evaluation of the answer scripts, confirmed by the Division Bench by the impugned common judgment and orders, is unsustainable. However, as observed hereinabove, as the results of the original writ petitioners after re- evaluation or appearing in the supplementary examination have been declared, while quashing and setting aside the impugned common judgments and orders passed by the learned Single Judge as well as Division Bench of the High Court, the same shall not be

affected and/or disturbed. The impugned common judgments and orders passed by the learned Single Judge as well as Division Bench ordering re-evaluation of the answer scripts in absence of any such provision in the relevant rules are hereby quashed and set aside. However, as observed hereinabove, the same shall not affect the declaration of the results of the writ petitioners on re-evaluation or appearing in the supplementary examination."

Accordingly, by following the above said judgment, this

writ petition is dismissed. No order as to costs.

Miscellaneous Petitions pending, if any, shall stand

closed in consequence.

__________________ K.SURESH REDDY,J 06-12-2022 TSNR