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Andhra Pradesh High Court - Amravati

Kalyanam Sai Jagadeeswary vs The State Of Andhra Pradesh, on 29 January, 2021

Author: R Raghunandan Rao

Bench: R Raghunandan Rao

(SHOW CAUSE NOTICE BEFORE ADMISSION)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

 

(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO ---

WRIT PETITION NO: 2140 OF 2021
Between:
Kalyanam Sai Jagadeeswary, (FIT No.13801085) D/o. Sridhar, Aged about 24 years,
R/o. D.No.2-25-5/129, Gangumalla Vari Street, Ramarao Peta, Tadepalligudem, West
Godavari district

Petitioner
AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Medical, Health
and Family Welfare Department, Secretariat Buildings, Amaravathi.

2. NTR University of Health Sciences, represented by its Registrar, Vijayawada, AP
State.

3. The Vice Chancellor, NTR University of Health Sciences, Vijayawada, AP State.

Respondents

WHEREAS the Petitioner above named through her Advocate Sri.Seepani S Kumar presented this 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 2nd and Respondents in conducting the digital evaluation process contrary to the Principles laid down in Dr. P.Kishore Kumar Vs. State of A.P. 2016(6) ALT 408) and Dr.J. Kiran Kumar and others Vs. State of A.P. 2017 (6) ALT 213 in respect of petitioner's final year BDS Course Examinations held in the month of September/October, 2020 and not furnishing copies of the answer scripts as highly illegal, arbitrary, irrational, void and opposed to the Principles of Natural Justice and apart from violative of Articles 14 and 21 of Constitution of India;

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.Seepani S Kumar Advocate for the Petitioner, learned GP for Medical & Health for Respondent No.1 and of Sri M.Vijaya Kumar, learned Standing Counsel for Respondent Nos.2 & 3, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

1. The Principal Secretary, Medical, Health and Family Welfare Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi.
2. The Registrar, NTR University of Health Sciences, Vijayawada, AP State.
3. The Vice Chancellor, NTR University of Health Sciences, Vijayawada, AP State.

are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted before 09.02.2021, on which date the case stands posted for hearing.

1A NO: 1 OF 2021 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 2 and 3 to produce our answer scripts for examination by this Honourable Court, pending disposal of the Writ Petition No.2140 of 2021, on the file of the High Court.

THE COURT MADE THE FOLLOWING ORDER:

Notice before admission.
The petitioner who was appeared for final year BDS Course examination in the month of September/October 2020 contends that her answer scripts were not properly evaluated and the digital valuation of the answer scripts were done improperly and without any application of mind by the examiner. In the said circumstances, there shall be a direction to the respondents 2 and 3 to produce the scanned answer sheet of the petitioner on the next date of hearing. The petitioner can also be present in Court on that day. Js _ --
P 02.2021. Sd/-Ch.V.Subramanya parma _ oston 09.0 ' ASSISTANT ce AR ~ SECTION OFFICER /ITRUE COPY// For ASSISTANT REGISTRAR To,
1. The Principal Secretary, Medical, Health and Family Welfare Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi.

The Registrar, NTR University of Health Sciences, Vijayawada, AP State. The Vice Chancellor, NTR University of Health Sciences, Vijayawada, AP State. (1 to 3 by RPAD- along with a copy of petition and affidavit) One CC to Sri.Seepani S. Kumar Advocate [OPUC] One CC to Sri.M.Vijay Kumar Advocate [OPUC] Two CCs to GP for Medical & Health, High Court Of Andhra Pradesh. [OUT] One spare copy won NOs SRL a HIGH COURT RRRJ DATED:29/01/2021 NOTE: POST ON 09.02.2021 NOTICE BEFORE ADMISSION WP.No.2140 of 2021 DIRECTION

- 4 FEB 2021