High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE V.V.S. RAO
M.B. Shashank Mathur
Versus
NTR University Of Health Sciences, Rep. By Its Registrar, Vijayawada
Writ Petition No. 15003 Of 2009
Date of Judgment : 31-12-2009
1. The petitioner is studying Psychiatric Medicine in Mamata Medical College, Khammam. After completing M.B.B.S., he was admitted to Post Graduate Diploma course. The final examinations of First Year course were held in April/May, 2009. He passed in all the papers. But, he failed in General Psychiatry Paper-II. The pass mark is 150 out of 300 and he got 149 falling short by one mark. He, therefore, applied for re-totalling/re-verification of answer script in Psychiatry theory paper. As advised, he visited respondent. He was shown the answer script in Paper-II. According to him, he had written answer to question No.8, which carries ten marks, on two sheets, but only one sheet was valued and sheet behind it was not at all valued. He also alleges that the answer written by him is correct, but he was given only three marks by examiner by inadvertence in not looking at second sheet which was behind the sheet valued by examiner. The petitioner also alleges that all the answers given to eight questions are substantially correct in accordance with the standard textbooks and the marks awarded to question No.8 are not proper.
2. The petitioner gave a representation on 16.07.2009 requesting respondent to revalue the paper by the same examiner or by any other examiner or by outside examiner, in vain. Therefore, he filed instant writ petition seeking a writ or order or direction declaring the valuation of petitioner’s Paper-II as arbitrary, illegal and unjust and for consequential direction to respondent to properly value all the questions and ensure that petitioner is given marks for each of the questions answered by him in accordance with the textbooks and key answers prepared by respondent University.
3. The matter was initially listed on 27.07.2009, when this Court directed learned standing counsel for respondent to produce answer sheet of petitioner in Paper-II, General Psychiatry. The matter was again listed on 03.08.2009, on that day, this Court while ordering notice before admission, passed the following order.
The petitioner is a student of PG Diploma in Psychiatric Medicine. He appeared for General Psychiatry Paper-II examination in the month of April, 2009 and scored 149 marks, one mark less for passing the subject. He applied for re-verification of his answer sheet, and on re-verification, he found that the answer to question No.8 was not valued fully, in that to complete the answer, he used additional sheet. The Examiner, while awarding marks, has taken into consideration the half answer written by him in the main sheet, but did not take into consideration the other half of the answer written by him in the additional sheet.
On 27.07.2009, the learned standing counsel for the respondent University undertook to produce the answer sheet of the petitioner. As undertaken by him, he produced the answer sheet.
I have perused the answer sheet of the petitioner in the presence of the counsel for the petitioner and the learned standing counsel for the respondent University.
Prima facie, a perusal of the answer sheet of the petitioner, disclosed that there are no marks awarded on the additional answer sheet used by the petitioner for completing the answer to question No.8, thus giving an indication that the entire answer was not valued.
The learned standing counsel for the respondent University submitted that as directed by this Court in W.P.No.379 of 2008, dated 16.04.2008, the respondent university has already constituted a Grievances committee, to look into issues of the nature involved in the writ petition, and the said Committee will look into the grievance of the petitioner.
In the circumstances, the respondent University shall refer the case of the petitioner to the Grievances Committee, comprising a subject expert, which shall consider whether or not the answer sheet of the petitioner, relating to Paper-II General Psychiatry, particularly answer to question No.8 is completely valued or not, and in the event, the Grievan
Mysore v. C.D.Govinda Rao: AIR 1965 SC 491. (Para 6)
J.P.Kulshrestha v. Allahabad University: (1980) 3 SCC 418 = AIR 1980 SC 2141. (Para 6)
State of Uttar Pradesh v. D.K.Singh: (1986) 4 SCC 160 = AIR 1987 SC 190. (Para 6)
Dr. S.A. Hakeem v. N.T.R. University of Health Sciences: 2000 (5) ALT 754.(Para 10)
National Institute of Mental Health v. Kalyana Raman: AIR 1992 SC 1806. (Para 10)
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