Andhra Pradesh High Court - Amravati
Dr K Sirisha Naidu vs The State Of Ap on 14 November, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No. 34467 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 MD Pathology
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.,
Pathology), 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
14-11-2022.
TSNR
