Andhra Pradesh High Court - Amravati
Jahnavi Chintala vs The State Of Andhra Pradesh, on 21 October, 2020
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO.16257 OF 2020
ORDER:
This petition is filed under Article 226 of the Constitution of India, seeking the following relief:
"to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of 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. II year without complying the procedure as prescribed by MCI and also as per directions of this 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 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. Pharamacology and Forensic Medicine of the M.B.B.S. II year, which was held in the month of February, 2020 and to evaluate the same manually as per law strictly monitoring the evaluation process free from any discrepancies ..."
2. Heard learned counsel for the petitioner, Sri Ch.Ravi and Sri G.Vijaya Kumar, learned Standing Counsel appearing on behalf of the 2nd respondent.
3. On earlier occasion, this Court called the answer sheets of the petitioner and verified the same. At the time of verification, certain discrepancies were found in evaluating the answer sheets and by way of pointing out the discrepancies, petitioner filed an affidavit.
4. Learned counsel for the petitioner submits that in the similar circumstances, earlier this Court, in W.P.No.8213 of 2020, passed the following order:-
"12. In the result, this writ petition is allowed and the 2nd respondent is directed to get petitioner's answer scripts in 509- 2 A-ENT and 510A-Opthalmology subjects of MBBS Final Year Part-I held in the month of January/February, 2020 evaluated once again as per the prevalent MCI norms by identifying four fresh examiners and such examiners shall mention their remarks as well as the marks awarded for each answer clearly on the uploaded answer scripts by using digital tools. The corrected answer sheets must be preserved for future review and the entire exercise shall be completed within a period of six (06) weeks from the date of receipt of a copy of this order by 2nd respondent."
5. Learned Standing Counsel appearing for the 2nd respondent though disputed the discrepancies, has consented for the above order, passed in W.P.No.8213 of 2020.
6. In view of the above, this Writ Petition also disposed of, in terms of the directions passed in W.P.No.8213 of 2020, directing the 2nd respondent to get petitioner's answer scripts with regard to the two subjects i.e. Pharamacology and Forensic Medicine of the M.B.B.S. II year, held in the month of February, 2020 evaluated once again as per prevalent MCI norms by identifying four fresh examiners. Such examiners shall mention their remarks as well as the marks awarded for each answer clearly on the uploaded answer scripts by using digital tools and the corrected answer sheets must be preserved for future review. The entire exercise shall be completed within a period of six (06) weeks from the date of receipt of a copy of this order by 2nd respondent. No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.
______________________ JUSTICE D. RAMESH Date: 21.10.2020 Note:
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Pnr 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO.16257 OF 2020 Date: 21-10-2020 Note:
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