I N THE HI GH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.1217 OF 2026 DATE: 23.01.2026 Between :

Sri Banothu Mahesh Karthik … Petitioner A n d The State of Telangana, Rep. by its Principal Secretary, Department of Education Secretariat Buildings, Hyderabad & another … Respondents

ORDER:

Heard Smt. M.Sharada Devi, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Education appearing on behalf of the respondent No.1 and Sri T.Sharath, learned Standing Counsel for Kaloji Narayanrao University of Health Sciences appearing on behalf of the respondent No.2.

2. The petitioner approached the Court seeking prayer as under:

“…to pass appropriate orders or issue directions or issue any appropriate writ more particularly in the nature of a WRIT OF MANDAMUS declaring the action of the Respondent No. 2, namely Kaloji Narayana Rao University of Health Sciences in declaring the petitioner as failed in the subject of Physiology by a marginal shortfall of 2 marks despite the petitioner having answered the examination diligently and in accordance with the prescribed syllabus and in not considering the petitioners case for grant of grace marks / moderation / reevaluation despite the petitioner having cleared all other subjects and the failure resulting in grave and irreparable loss of the petitioners medical career as arbitrary, illegal, unreasonable and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent University to forthwith consider the petitioner’s case for grant of grace marks / moderation / re-evaluation in accordance with the applicable regulations and pass appropriate orders within a strict time-bound period preferably within a few days, so as to prevent loss of one academic year and medical seat pending disposal of the writ petition and pass…”

3. The case of the petitioner in brief is that The petitioner is an MBBS student admitted to MediCiti Institute of Medical Sciences, Karimnagar, on 20.09.2023. In the MBBS First Year Examinations conducted by the respondent, the petitioner appeared for Biochemistry, Anatomy, and Physiology, bearing Hall Ticket No. 2301009013. While the petitioner cleared all other subjects, the petitioner was declared failed in Physiology (Theory) by a very marginal shortfall of only two (2) marks in the fourth and final attempt, despite having answered the examination diligently. This failure would adversely affect the petitioner’s career. The petitioner has therefore filed the present Writ Petition seeking the grant of grace marks/moderation/revaluation.

DI SCUSSI ON AND CONCLUSI ON

4. The Apex Court in the Judgment reported in 2011 (8) SCC Page 497 in Central Board of Secondary Education Vs. Aditya Bandopadhyay and others at Para No.18 observed as under:

“18.… What arises for consideration is the question whether the examinee is entitled to inspect his evaluated answer books or take certified copies thereof. This right is claimed by the students, not with reference to the rules or bye-laws of examining bodies, but under the RTI Act which enables them and entitles them to have access to the answer books as ‘information’ and inspect them and take certified copies thereof. Section 22 of RTI Act provides that the provisions of the said Act will have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Therefore the provisions of the RTI Act will prevail over the provisions of the bye-laws/rules of the examining bodies in regard to examinations. As a result, unless the examining body is able to demonstrate that the answer books fall under the exempted category of information described in clause (e) of section 8(1) of RTI Act, the examining body will be bound to provide access to an examinee to inspect and take copies of his evaluated answer books, even if such inspection or taking copies is barred under the rul