Point of Law: 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 Post-graduate course examinations held in the month of August, 2020 and in not furnishing copies of the answer scripts, as illegal and arbitrary.’

2. Case of the petitioners is that, they are prosecuting Post graduate degree and diploma training programme, in the colleges affiliated to the 2nd respondent-University; they have appeared for final year examinations conducted in the month of August, 2020 i.e., 1st petitioner appeared for Diploma Anesthesiology, vide HT No.18M202013003, 2nd petitioner appeared for MS Orthopedics, vide HT No.17M312007001; 3rd petitioner appeared for MS Orthopedics, vide HT No.17M312007004; 4th petitioner appeared for MD Pathology, vide HT No.17M319007001; 5th petitioner appeared for MS General Surgery, vide HT No.17M311013008 and 6th petitioner appeared for MS Ophthalmology, vide HT No.1302357; 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 four examiners independently and the marks awarded by the four examiners will be clubbed and average marks will be taken and basing on the same, the results of the students will be declared; but few years back, the 2nd respondent-University introduced the digitalized evaluation system, as per which the individual answer scripts of the students are being subjected to scanning and such scanned answer scripts are being evaluated by four examiners serially one after the other; in respect of post-graduate medical examinations, the examination in the concerned subjects comprise of 4 papers of 100 marks each; of the said marks, a minimum of 40 marks shall be obtained to a minimum aggregate of 200 marks; though they have written the examination well they were declared failed; lot of aberrations took place in the process of evaluation of answer scripts; petitioners have a legitimate doubt about the method of evaluation; petitioners made an application under RTI to show the answer scripts evaluated by the examiners and also to furnish copies of the answer scripts but so far, the 2nd respondent-University did not choose to furnish the same; as per the scheme of evaluation, the answer scripts have to be scanned and sent to four examiners for digital 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 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 digital valuation (online valuation) of the answer scripts from May/June, 2016. The said work was entrusted to M/s Globarena Technologies Pvt. Ltd., Hyderabad; 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; aft