Andhra Pradesh High Court - Amravati
Alapati Manish Krishna vs The State Of Andhra Pradesh on 5 July, 2021
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
sete ee IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE FIFTH DAY OF JULY TWO THOUSAND AND TWENTY ONE" *-PRESENT: THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION NO: 11663 OF 2021 _- Between: Alapati Manish Krishna, (HT-No.15065004) Ratnagiri Rao, Aged about 24 years, R/o.D.No.31-10-12, Dhanalakshmi Plaza, Machavaram, Vijayawada, Krishna District. ... Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Medical, Health & Family Welfare Department, Secretariat Buildings, Amaravathi. 2. NTR University of Health Sciences, represented by its Registrar, Vijayawada, AP State. The Vice Chancellor, NTR University of Health Sciences, Vijayawada, AP State. The Medical Council of India, rep. by its Secretary, Pocket 14, Sector-8, Dwarka - Phase-1, New Deihi-110 007. oO ».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 2"° and 3 respondents in conducting the digital evaluation process contrary to the Principles laid down in Dr.P.Kishore Kumar Vs. State of A.P.2016(8) ALT 408) and Dr.J. Kiran Kumar and others Vs. State of A.P. 2017 (6) ALT 213 in respect of petitioner's 3° year MBBS Course Examinations held the month of November, 2020 and not furnishing copies of the petitioner's answer scripts (for failed subjects) 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 consequently direct the respondent Nos. 2 & 3 to evaluate the petitioner's answer scripts strictly in adherence to the above stated Judgments of this Hon'ble Court. IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the ' affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 and 3 to produce our answer scripts for examination by this Hon'ble Court, pending disposal of WP 11663 of 2021, 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 M/s. Seepani S Kumar, Advocate for the Petitioner and GP for Medical Health for Respondent No.1, Sri G. Vijay Kumar, Standing Counsel for Respondent Nos.2 & 3, Sri N.Vivekananda, Standing Counsel for Respondent No.4, the Court made the following. ORDER:
"Heard.
The Controller of Examinations and Technicians, who are conversant with the digital evaluation of the answer scripts relating to the present writ petition, shall appear in person before this Court along with relevant answer sheets on 07- 07-2021 at 2.15 P.M. The petitioner along with his counsel shall also physically present in the court on that day." moe Sd/-M. SRINIVAS ASSISATNT REGISTRAR oy a } TRUE COPY// Ma whee Fe SECTION OFFICER To, wh os oo N & . The Principal Secretary, Medical, Health & Family Welfare Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi. Registrar, NTR University of Health Sciences, Vijayawada, AP State. The Vice Chancellor, NTR University of Health Sciences, Vijayawada, AP State. (1 to 3 Fax / Speed Post) The Secretary, Medical Council of India, Pocket 14, Sector-8, Dwarka Phase-1, New Delhi-110 007(by RPAD) Alapati Manish Krishna, (HT-No.15065004) Ratnagiri Rao, Aged about 24 years, R/o.D.No.31-10-12, Dhanalakshmi Plaza, Machavaram, Vijayawada, Krishna District. (by Fax / Speed Post) One CC to M/s. Seepani S Kumar, Advocate [OPUC] One CC to Sri G. Vijay Kumar, Standing Counsel [OPUC] (Speed Post) One CC to Sri N. Vivekananda, Standing Counsel [OPUC] (Speed Post) Twe CCs to GP for Medical Health, High Court of Andhra Pradesh. [OUT]}(Special Messenger}
10. One spare capy.
MSB HIGH COURT UDPR, J DATED:05/07/2021 ORDER NOTE:POST ON 07.07.2021 AT 2:15 PM FOR PHYSICAL APPEARANCE " WP.No.11663 of 2021 DIRECTION