2024 Supreme(Online)(MP) 12615
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE GURPAL SINGH AHLUWALIA, J
Anuj Kumar Patel – Appellant
Versus
M.P. Medical University, Jabalpur – Respondent
WP 9580/2024
Deependra Mishra,
The court directed the respondents to consider the application for reverification of the answer sheet in accordance with law and relevant ordinances, emphasizing timely resolution.
Headnote:(A) Constitution of India - Article 226 - Writ petition seeking reliefs including quashing of mark sheet and re-evaluation of answer sheet - Petitioner confined relief to reverification of answer sheet - Court directed respondents to consider application for reverification in accordance with law and Ordinance No.38 Clause 50 within 15 days. (Paras 1-6)
(B) Writ of Mandamus - Court can direct authorities to perform their statutory duties - The court emphasized that the application for reverification must be decided without influence from the court's observations. (Paras 4-5)
Facts of the case:
The petitioner sought to quash the mark sheet of the Paediatrics Paper and requested re-evaluation, citing a pending application for reverification. The compartment examination was scheduled before the application was decided.
Findings of Court:
The court disposed of the writ petition, directing the respondents to consider the application for reverification as per the ordinance.
Issues: The main issue was whether the application for reverification of the answer sheet could be decided before the scheduled compartment examination.
Ratio Decidendi: The court ruled that the respondents must consider the application for reverification in accordance with the law and the relevant ordinance, emphasizing the need for timely resolution.
Result: Writ petition disposed of.
This petition under Article 226 of Constitution of India has been filed seeking the following reliefs:
- "i. To direct the Respondents to call for the records of the case.
- ii. If necessary, issue a writ of certiorari and quash and set aside the Mark Sheet dt. 06.01.2023 (Annexure P/1) as far as the result of Paediatrics Paper of the MBBS Final is concerned.
- iii. Consequently, issue a Writ of Mandamus and direct the Respondents to get the answer sheet of Paediatrics Paper of the MBBS Final year re-checked or re-evaluated by any Expert Faculty in the light of the standard textbooks, in a transparent manner, before conducting the Re-Do exams as notified vide notification dt. 04 April 2024 [Annexure P/6]. iv. If necessary, issue a writ of prohibition directing the Respondents to call off or postpone the Re-Do exams as notified vide notification dt. 04 April 2024 [Annexure P/6], as far as the result of Paediatrics Paper of the MBBS Final is concerned.
- v. Grant any other relief as deemed fit and just in the facts and circumstances of the case and or direct the Respondents to decide the representation of the Petitioner."
2. It is submitted by counsel for petitioner that as per law reverification of the answer sheet can be done and accordingly, he has moved an application for reverification of Pediatrics Paper. However, the said application is pending and has not been decided so far and in the meanwhile timetable for compartment examination has been declared and compartment examination is scheduled to be held on 20.06.2024 and accordingly, it is prayed that respondents may be directed to decide the application for reverification as early as possible.
3. Heard learned counsel for petitioner. 4. Although in prayer clause several reliefs have been sought. However, petitioner has confined his relief only to the extent of reverification of answer sheet at the earliest. Accordingly, writ petition is disposed of with a direction to respondents to consider the application made by petitioner in accordance with law and if reverification of answer sheet is permissible, then his application for reverification of Pediatrics Paper shall be disposed of as per Ordinance No.38 Clause 50 as early as possible preferably within a period of 15 days from production of certified copy of this order .
5. It is made clear that application shall be considered and decided strictly in accordance with the ordinance and without getting influenced or prejudiced by the direction given by this Court.
6. With aforesaid observations, the petition is disposed of.