IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25882 of 2008 Between: Pendela Vimala Devi D/o. P. Sambaiah H.No. 5-3-158, Ground Floor, Edgha Road, Kothur, Hanumankonda, Warangal Dist. ..... PETITIONER AND Dr. N.T.R. University of Health Sciences Rep. by its Registrar Vijayawada, Krishna Dist. .....RESPONDENT 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 to issue an appropriate Writ, order or direction, preferably one in the nature of Writ of Mandamus, declaring the action of the 1st Respondent in not referring the Petitioners version to the grievance committee constituted of an expert in the Anatomy subject as illegal, arbitrary, unconstitutional and in violation of Principles of Natural Justice and direct the respondent to forward the versions of the Petitioner to the Grievance committee as per the directions given in WP. 22336 of 2008 and batch. Counsel for the Petitioner:MR.JALAKAM.SAMPATH KUMAR 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.25882 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 her fail in Anatomy. As it was to her surprise and she was sure of getting very good marks, she approached the respondent University and requested it to order recounting of marks as provided for in the regulations. The petitioner was directed to appear before the respondent at the time of recounting and accordingly she 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 her 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 and awarding zero marks to some of the answers etc., though the answers are correct, according to the petitioner, she 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 respondent. 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 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 her 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. 26.11.2008 Note: C.C. in two days B/o Kvsn