Andhra Pradesh High Court - Amravati
Mudokulam Jayavardhan Naik vs The State Of Andhra Pradesh on 18 November, 2022
Author: K.Suresh Reddy
Bench: K.Suresh Reddy
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 2 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."3
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