Point of Law: Digital evaluation process - Absence of a provision for revaluation cannot be a shield for the examiner to arbitrarily evaluate the answer scripts and it would be against the very concept for which revaluation is impermissible

ORDER :

1. This writ petition is filed ‘to declare the action of the respondents 2 and 3 in conducting the digital evaluation process contrary to the principles laid down in ‘Dr. P.Kishore Kumar vs. State of Andhra Pradesh 2016(6) ALT 408’and ‘Dr. J.Kiran Kumar & others vs. State of Andhra Pradesh’ 2017(6) ALT 213 in respect of petitioner’s 3rd year MBBS course examinations held in the month of November, 2020 and not furnishing copies of the answer scripts, as illegal and arbitrary.’

2. Case of the petitioner is that, she is prosecuting MBBS course in the NRI Institute of Medical Sciences, Visakhapatnam, a college affiliated to the 2nd respondent-University; she appeared for the 3rd year MBBS course examinations held in the month of November, 2020; as per the scheme of examination, a booklet containing 64 pages will be supplied to each student and the answer scripts will be evaluated by two examiners independently and the marks awarded by the two examiners will be clubbed and average marks will be taken and basing on the same, the results of the students will be declared; the 2nd respondent-University introduced the digitalized evaluation system; in respect of 3rd year, a student has to prosecute three subjects viz., ENT, Ophthalmology and Community Medicine and at the end of the academic year, the 2nd respondent will conduct final examination for the each subject wise and maximum marks for the theory examination is that 50 marks each and out of the same, a student must obtain 50% marks in each subject and aggregate to declare pass; though she has written the examination well she was declared failed; lot of aberrations took place in the process of evaluation of answer scripts; petitioner has a legitimate doubt about the method of evaluation; the imperfection in the process of digital valuation by the agency in respect of post graduate students was pointed out by this Court in Dr. P. Kishore Kumar’s case (supra) and the non compliance of the said direction in Dr.P.Kishore Kumar’s case (supra) was pointed out in ‘Dr.J. Kiran Kumar’ s case (supra); in Dr. Kishore Kumar’s case (supra), it was held that when the digital answer scripts were evaluated, stylus marks, tick marks etc. evidencing the application of the mind and award of marks have to be put on the digital paper. This Court in Dr.J.Kiran Kumar’s case (supra) pointed out that entering marks in the ‘script marks report’ is not sufficient and scanned answer sheets should show the evidence of evaluation; questioning the said evaluation, present writ petition is filed.

3. Counter-affidavit is filed by the 2nd respondent-University stating inter-alia that the University has introduced double valuation system in the year 2011 through university resolution; through the said system, each paper of the subject shall be valued by two examiners independently and the average of the marks shall be taken into consideration for final marks of that paper; if there is a variation of 20% or above of the first and second valuations, the answer script shall be referred to third valuation and the script will be valued by a new examiner; this process will increase the accuracy in the valuation system and transparency; after the judgment in WP No.26929 of 2016 dated 13.10.2016, the University has taken steps to rectify the defects pointed out by this Court and improved the system of digital valuation; keeping in view the directions of this Hon’ble Court, the University made arrangements to evaluate the answer scripts on digital basis; the University has given a single booklet; after receiving the said booklets/ answer scripts, the University scanned the entire booklet; while scanning the answer scripts of entire booklet, the question of missing their answer sheets does not arise, because each page of the booklet having barcode with page number; after verifying the same, the digital valuation has been started and the same was uploaded and sent to the valuation centers by the University; the answer sc