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ii. Digital evaluation was conducted in accordance with the guidelines prescribed by the National Medical Council. The evaluation is done by experienced professors.

iii. Explaining the procedure of digital evaluation, it was contended that there was proof that every answer was evaluated and marks were awarded.

iv. The answer scripts of the Petitioner were recounted and no discrepancies were found.

evaluation or not and thereafter orders/directs re-evaluation, which is wholly impermissible. Such a practice of calling for answer scripts/answer sheets and thereafter to order re- evaluation and that too in absence of any specific provision in the relevant rules for re-evaluation and that too while exercising powers under Article 226 of the Constitution of India is disapproved.

17. Even otherwise, in the present case, the University has adopted the digital evaluation which has been subsequently modified/improved and the deficiencies have been removed, which has now been approved by the High Court in the recent decision in Writ Petition No. 15865/2022. The digital evaluation process is reported to be scrupulously followed by the University. From the affidavit filed on behalf of the University on use of digital evaluation, it appears that all precautions are being taken to have the accurate evaluation digitally. There are specific instructions and trainings to the examiners while conducting digital evaluation. It is reported that the faculty has utilised the updated software by using the tools and annotations incorporated in the software adopted by the University. In any case, in absence of any regulation for re-evaluation of the answer scripts, either in the MCI rules or in the University Rules, the High Court is not justified in ordering re-evaluation of the answer scripts. As observed and held by this Court in the case of Ran Vijay Singh(supra) that sympathy or compassion does not play any role in the matter of directing or not directing re- evaluation of an answer sheet.

Procedure      of     Digital           Procedure       of      Digital
Evaluation followed in Post             Evaluation followed in Ist year
Graduate             Medical            MBBS            Supplementary
Examinations    (W.P.   Nos.            Examination (W.P. No. 36718
37214 of 2022 and 38315 of              of 2022

D). It is submitted that the digital 5. It is submitted that the entire process evaluation is conducted in the of digital valuation is as follows:

following steps: a) Digital evaluation portal link and login credentials are sent to eligible

i) Digital evaluation portal link and appointed examiners by mail.

login credentials are sent to appointed b) Examiners have to do one time examiners by mail. The Examiner has registration in digital evaluation to do one time registration in digital portalthrough photo capture which evaluation portal through photo enables facial detection. capture which enables facial c) Online training is provided to all detection. Online training is provided examiners before starting evaluation to all examiners before starting and a declaration online has to be evaluation and a declaration online submitted by the examiners that he/she has to be submitted by the examiner has understood all the features of that he/she has understood all the digital evaluation. features of digital evaluation d) Answer booklets are assigned to