Andhra Pradesh High Court - Amravati
Dr Pipavath Saraswathi vs The State Of Ap on 6 December, 2022
Author: K.Suresh Reddy
Bench: K.Suresh Reddy
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."2
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 3 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