IMPORTANT POINT
Re-evaluation of answer scripts in the absence of specific provision is perfectly legal and permissible.

JUDGMENT

J.M. Panchal, J. —

1. Leave granted in all the special leave petitions.

2. The instant appeals are directed against judgment dated July 20, 2007 rendered by the Division Bench of High Court of Judicature of Andhra Pradesh at Hyderabad in Writ Appeal No. 402 of 2007 and other cognate appeals by which the common judgment dated May 1, 2007, rendered by the learned single Judge of the High Court upholding action of the Vice-Chancellor of Dr. N.T.R. University of Health Sciences, Vijaywada (for short “the University”) of re-verification/re-valuation/re-examination of answer scripts of 436 students, who had failed in first year MBBS examination during academic year 2006-07, is set aside and the decision of the Executive Council to cancel the result of re-verification of answer scripts and asking 294 students, who were declared passed on re-verification of answer scripts to re-appear in examination of first year MBBS, is upheld.

3. The appellants, who are students, joined first year MBBS course for the academic year 2006-07 in different private medical colleges which are affiliated to the University, Vijaywada. They appeared in the first year M.B.B.S. examination held from September 5, 2006 to October 10, 2006. The results of the examination were declared on December 2, 2006. The record shows that in all 4076 students had appeared in examination out of whom 992 students were declared failed in different papers. In the results published by the university, it was specifically mentioned that such of those students who wanted to attend personal identification for re-totalling of their theory answer scripts should submit their applications on or before December 13, 2006. This personal identification was meant to enable the students to apply for re-totalling of their answer scripts. Out of the 992 students who had failed, 436 students applied for re-totalling of their respective answer scripts. When the process of re-totalling was going on, some representations were addressed to His Excellency, the Governor, who is Chancellor of the university, and the Hon’ble Minister for Medical and Health as well the Vice-Chancellor of the university on behalf of the students in the name of MBBS First Year Students’ Parents’ Association with complaints of improper and under valuation of answer scripts. In the complaints, it was stated that answer scripts of three papers i.e. Anatomy, Physiology and Bio-Chemistry were not properly valued and the valuation was harsh whereas some questions in Physiology were out of syllabus and because of all these factors, the percentage of students who had cleared the examination was low. It is the case of the students that, the Vice-Chancellor, after listening to their grievances, assured that he would verify the answer books and if necessary, get them re-examined. Having regard to the nature of complaints received, the Vice-Chancellor constituted a committee of three expert professors on January 3, 2007 for re-verification/re-valuation/re-examination of answer scripts. The Committee undertook re-verification of the answer scripts and recorded marks on printed slips of papers which were stapled at the top of answer scripts. On the basis of re-verification made by the Committee appointed by the Vice-Chancellor, the University declared revised results on February 2, 2007 and 294 students out of 436 students, who had applied for re-totalling, were declared “Pass”. The action taken by the Vice-Chancellor of re-totalling and re-verification of the answer sheets of First Year M.B.B.S. examination held in September/October, 2006 was placed before Executive Council for its ratification. The matter was considered by Executive Council and the Council had approved the action taken by the Vice-Chancellor. The revised results were sent to the Principals of medical colleges. Subsequent to the declaration of the results, after re-valuation His Excellency, the Governor of the State, as well as the Minister for Medical, Health