Andhra Pradesh High Court - Amravati
Jahnavi Chintala vs The State Of Andhra Pradesh, on 16 October, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SIXTEENTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 16257 OF 2020 Between: Jahnavi Chintala, D/o Chintala Ashok. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Medical Health and Family Welfare Department, A.P.Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Dr. N.T.R.Health University of Health Sciences, Rep by its Registrar, Guanadala, Vijayawada Krishna District ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, Order, or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent.No.2 in evaluating the answer scripts of the petitioner through digital evaluation process for the examination conducted for the two subjects i.e.,Pharmacology and Forensic Medicine of the M.B.B.S Il year without complying the procedure as prescribed by MCI and also as per directions of this Honble court in earlier judgments and thereby declaring the results of the said two subjects as illegal, arbitrary ,unjust, malafide, against to the fundamental rights guaranteed under the constitution and against to the settled principles of law and consequently direct the respondents to produce the answer scripts of the petitioner with regard to the two subjects i.e., Pharmacology and Forensic Medicine of the M.B.B.S II year which was held in the month of Feb 2020 and to evaluate the same manually as per law strictly monitoring the evaluation process free from any discrepancies. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to produce the Digitally Evaluated answer scripts of the petitioner of the two subjects i.e., Pharmacology and Forensic Medicine of the M.B.B.S Il year which was held in the month of Feb 2020 for perusal of this Honble Court in the interest of justice, pending disposal of WP 16257 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Ravi Cheemalapati, Advocate for the Petitioner, GP for Medical Health and Family Welfare for Respondent No.1, G Vijaya Kumar, Advocate for the Respondent No.2 and the Court made the © following. ORDER 5 "As per the directions of this Court, the Controller Examination/ 2° respondent-University is present before this Court along with the answer sheets of the concerned students. The answer sheets have been verified by the petitioner in the presence of representatives of the university. On verification, according to the petitioner, there appears to be some lapses as evaluators have not offered any remarks. The learned Assistant Standing Counsel for the University submits that all the papers have been evaluated by the concerned evaluators and there are no lapses. Be that as it may, since the petitioner have verified the answer sheets, appropriate affidavit be filed mentioning the aspects as to whether all the questions are evaluated and where no remarks were specifically made for consideration. The affidavit in this regard may be served on the other side by Monday i.e., on 19.10.2020 and if any reply is required be filed, the same shall be filed by Tuesday i.e., on 20.10.2020. List on 20.10.2020 in the 'Motion List'." S¢ d/- R. KARTHIKEYAN _ ASSISTANT ne RAR a TRUE COPY// BS For ASSISTANT STRAR To, 1. The Principal Secretary Medical Health and Family Welfare Department, State of Andhra Pradesh, A.P.Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Registrar, Dr. N.T.R.Health University of Health Sciences, Guanadala, Vijayawada Krishna District (1 & 2 by RPAD) 3. One CC to Sri Ravi Cheemalapati, Advocate [OPUC] 4. Two CCs to GP for Medical Health and Family Welfare, High Court of Andhra Pradesh. [OUT] 5. One CC to Sri G Vijaya Kumar, Advocate [OPUC] 6. One spare copy SP etna HIGH COURT é NJSJ DATED: 16/10/2020 LIST ON 20-10-2020 IN THE MOTION LIST ORDERWP.No.16257 of 2020
DIRECTION