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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
GANNAMANENI RAMAKRISHNA PRASAD
Aswanth Badvelu, Hall Ticket No; 1571303, S/o B. Mohan Reddy – Appellant
Versus
Y S R University of Health Sciences, rep by its Registrar Vijayawada Krishna district, Andhra Pradesh State – Respondent
1. Heard Sri D.V. Nagarjuna Babu, learned Senior Counsel appearing for the Writ Petitioner; Sri S. Sriram, learned Advocate General appearing for the Respondents and Sri G. Vijaya Kumar, learned Standing Counsel for Dr. Y.S.R. (presently NTR) University of Health Sciences.
2. Prayer made in the Writ Petition is as under:
“....to issue an appropriate order, direction or Writ more particularly one in the nature of the Writ of Mandamus, declaring the action ofthe respondents in not considering petitioner's case for fresh evaluation of answer scripts in M.S. Orthopedics Speciality as highly, arbitrarily, unjust, unauthorized and contrary to the order dated 30.09.2022 in W.P.JHo.32336/2022, apart from being violative of Article 14, 19(1)(g) and 21 of the Constitution of India and consequently set aside the Proceedings No. E2(B)/PG/1066/CC/May, 2022/Exams dated 29.10.2022 of the 4 respondent and pass such other order...."
Submissions of the Ld. Councel for the Write Petitioner :
3. Learned Counsel for the Writ Petitioner submits that the Writ Petitioner is prosecuting the Post Graduate Medical Course in M.S. Orthopedic Speciality in Shanthiram Medical College, Nandyal; that the colleg
Candidates have no right to demand re-evaluation of answer scripts in the absence of specific provisions in examination rules.
Re-evaluation of answer scripts – In absence of any provision for re-evaluation in relevant rules, examinees have no right to claim or demand re-evaluation – Sympathy or compassion does not play any ....
Re-evaluation of answer scripts is only permissible when the difference in marks exceeds 20%, as per statutory provisions.
Non-mentioning of remarks on digital answer sheets by examiners amounts to non-evaluation, and violates the guidelines issued by the university and the observations made in earlier decisions.
The non-mentioning of remarks on the answer sheets amounted to non-evaluation.
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