Citation : 2022 Latest Caselaw 8863 AP
Judgement Date : 18 November, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.Nos. 18413, 29372, 28545,
28577,28631,28632,28651,28657,28682,28714,29293,29323,
29341,29401,34679,35032,35046,35048, 35052 & 35084 of 2022
COMMON ORDER:-
Since the issue involved in all the writ petitions is one
and the same, they are being disposed off by this common
order.
The petitioners, in all these writ petitions, filed the
above writ petitions questioning the action of the authorities
of the Dr.N.T.R University of Health Sciences in evaluating the
answer scripts of the petitioners through digital evaluation
process for the subjects pertaining to M.B.B.S/MD courses,
without complying the procedure as prescribed by the Medical
Council of India and also the directions of this court in a
catena of judgments.
When the matters are taken up for hearing, it is brought
to the notice of this court by both the learned counsel
appearing for the parties that these writ petitions are 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 N.T.R University of Health Sciences,
questioning the Orders of the learned single Judge as well as
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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."
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Accordingly, by following the above said judgment,
these writ petitions are also dismissed. No order as to costs.
Miscellaneous Petitions pending, if any, in all these writ
petitions shall stand closed in consequence.
________________
K.SURESH REDDY,J
18-11-2022
.
TSNR
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