IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25750 of 2008 Between: S. Qadirunissa Begum, D/o. A.S. Khan, Narayana Medical College, Nellore. ..... PETITIONER AND 1. Dr. NTR University of Health Sciences, Vijayawada, Rep by its Registrar 2. The Deputy Registrar (Exams), Dr.N.TR University of Health Sciences, Vijayawada. 3. Narayana Medical College, Nellore, Rep by its Principal .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of mandamus declaring the action of the respondents in not re-valuating the answer scripts of the petitioner in the 1st year MBBS examination pertaining to the subject of Anatomy paper I & II bearing Hall Ticket No. 0754097 as arbitrary, illegal, improper, unjust and contrary to law and for a consequential direction to the respondents 1 and 2 to re-evaluate the answer scripts of the petitioner as sought and consequently award the marks in the 1st year MBBS course and pass Counsel for the Petitioner:MR.K.RAMAMOHAN-MAHADEVA Counsel for the Respondent No.: MR.D.V.NAGARJUNA BABU The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 25750 of 2008 ORDER: 1 The case of the petitioner is that in the first year the subjects that were taught to the petitioner are Anatomy, Physiology and Biochemistry and he appeared for those three subjects, but however the University declared him fail in Anatomy. As it was to his surprise and he was sure of getting very good marks, he approached the first respondent University and requested it to order recounting of marks as provided for in the regulations. The petitioner was directed to appear before the first respondent at the time of recounting and accordingly he appeared before the committee constituted for the purpose of recounting. During the course of recounting the petitioner noticed that some of the questions answered by him were not evaluated properly. As the same is restricted to recounting, the recounting was done and it tallied with the marks that were given at the time of valuation. Since the petitioner noticed the said irregularity i.e. granting less marks to some of the answers etc., though the answers are correct, according to the petitioner, he approached this Court and filed the present Writ Petition seeking a writ of mandamus declaring the action of the respondents in not re-valuating the answer scripts of the petitioner as illegal and arbitrary. 2 Heard the learned counsel for the petitioner and the learned standing counsel Sri D.V.Nagarjuna Babu, appearing on behalf of the respondents. Learned counsel for the petitioner brought to the notice of this Court that in the identical set of facts this Court disposed of Writ Petition No.22274 of 2008 and batch on 18.11.2008 wherein this Court directed the petitioners therein to approach the Grievances Committee constituted under Section 30 of the N.T.R. University of Health Sciences Act, 1986 – Act No.6 of 1986 by the first respondent – University and submit a representation for redressal of their grievances. 3 In the light of the above submission, this Writ Petition is also disposed of in terms of the observations and directions made in Writ Petition No.22274 of 2008 and batch directing the petitioner herein to approach the Grievances Committee constituted under Section 30 of the N.T.R. University of Health Sciences Act, 1986 – Act No.6 of 1986 by the first respondent – University within a period of ten days from today and submit a representation for redressal of his grievance and the Grievances Committee shall look into the answer scripts of the petitioner with the help of a subject expert and decide the same within a period of fifteen days thereafter. 4 The Writ Petition is accordingly disposed of. No order as to costs. --------------------------- SRI T.G.K, J. 25.11.2008 Note: C.C. in two days B/o Kvsn