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Judgment
This Writ Petition is filed by the petitioner seeking the following relief:
"to issue a Writ, Order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the 2nd respondent in not conducting reverification/revaluation of the answer scripts of the petitioner in Paper-I, Paper-II, Paper-III and Paper-IV of the Postgraduate Degree M.S. General Surgery Examination held in August 2026, bearing Registration No.23110006001, and in not permitting the petitioner to verify the said answer scripts, as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and the principles of natural justice and, consequently, directing the 2nd respondent to forthwith permit the petitioner or her authorised representative to verify the answer scripts of the petitioner in Paper-I, Paper-II, Paper-III and Paper-IV, to reverify/revaluate the said answer scripts and declare the revised result of the petitioner and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
Heard Sri A. Giridhar Rao, learned Senior Counsel, representing Sri Rohan Aloor, learned counsel for the petitioner, Sri R. Niranjan Reddy, learned Assistant Government Pleader for Medical, Health and Family Welfare Department appearing for respondent No.1, and Sri T. Sharath, learned Standing Counsel for Kaloji Narayana Rao University of Health Sciences appearing for respondent No.2. Perused the record.
Learned Senior Counsel for the petitioner submits that the petitioner is pursuing the Postgraduate Degree course of Master of Surgery (M.S.) in General Surgery at Kamineni Institute of Medical Sciences, Narketpally (College Code 006), affiliated with respondent No.2-University, having been admitted to the said course for the academic year 2023–2024. The petitioner appeared for the M.S. General Surgery examination conducted by respondent No.2-University in August 2026, comprising four theory papers carrying 100 marks each, besides a Practical and Viva-Voce examination carrying 400 marks, and attended all the examinations.
It is further submitted that respondent No.2-University declared the results and issued the Statement of Marks dated 09.10.2026, bearing Sl. No.2610061043428. As per the prescribed scheme of examination, a candidate is required to secure a minimum of 40% marks in each theory paper, 50% marks in the aggregate of all four theory papers, i.e., 200 out of 400 marks, and 50% marks in the Practical and Viva-Voce examination, with each component being required to be cleared separately. The petitioner secured 58 marks in Paper-I, 40 marks in Paper-II, 40 marks in Paper-III and 50 marks in Paper-IV, thereby securing the minimum qualifying marks in each theory paper. The petitioner also secured 267 out of 400 marks in the Practical and Viva-Voce examination, as against the prescribed minimum of 200 marks. However, the petitioner secured only 188 out of 400 marks in the aggregate of the four theory papers and was declared unsuccessful for want of 12 marks to meet the prescribed aggregate qualifying requirement of 200 marks. The petitioner secured an overall total of 455 out of 800 marks, constituting approximately 56.87% of the total marks.
Learned Senior Counsel further submits that the petitioner is aggrieved by the action of respondent No.2-University in not permitting verification of her answer scripts and in refusing to undertake revaluation of the answer scripts relating to Paper-I, Paper-II, Paper-III and Paper-IV. It is contended that the impugned action is arbitrary and illegal and violative of Articles 14, 19 and 21 of the Constitution of India and the principles of natural justice. According to the learned Senior Counsel, as the petitioner has fallen short of the prescribed aggregate qualifying marks by only 12 marks, verification of her answer scripts is necessary to ascertain whether the marks awarded have been correctly assessed.
It is also submitted that the petitioner is presently in the 40th week of pregnancy and that her expected date of delivery is 18.10.2026. In view of her advanced stage of pregnancy, it would not be feasible for her to travel to the University situated at Warangal and personally undertake verification of her answer scripts. Therefore, the learned Senior Counsel requests that the petitioner be permitted to have her answer scripts verified through her authorised representative, namely, her father, Sri Krishnam Ramakrishna, in the event of her inability to appear personally. Accordingly, a direction is sought to respondent No.2-University to permit such verification and undertake further scrutiny of the petitioner's answer scripts in accordance with the applicable rules and regulations.
On the other hand, learned Standing Counsel appearing for respondent No.2 submits that, as per the regulations of respondent No.2-University, there is no provision for revaluation of answer scripts and that only retotalling of marks is permissible, while review of answer scripts may be undertaken in specific cases, subject to the applicable regulations. However, if the petitioner is aggrieved, she is at liberty to approach the Grievance Committee of respondent No.2-University by submitting an application in the prescribed form along with the requisite fee. Learned Standing Counsel, however, fairly submits that respondent No.2-University has no objection to this Court directing reverification of the petitioner's answer scripts and permitting the petitioner to verify the same personally or through her authorised representative, subject to payment of the requisite fee in accordance with the applicable rules.
Having regard to the submissions made by the learned counsel appearing on either side, particularly the advanced stage of pregnancy of the petitioner and the submission made by learned Standing Counsel for respondent No.2-University, this Court deems it appropriate to dispose of the Writ Petition with the following directions:
(i). Respondent No.2-University shall re-verify the petitioner's answer script in Paper-I, Paper-II, Paper-III and Paper-IV of the M.S. General Surgery examination held in August 2026.
(ii). Respondent No.2-University shall permit reverification of the petitioner's answer scripts in Paper-I, Paper-II, Paper-III and Paper-IV of the M.S. General Surgery examination held in August 2026, in accordance with the applicable rules and regulations, upon payment of the requisite fee by the petitioner.
(iii). Respondent No.2-University shall permit the petitioner to inspect and verify the aforesaid answer scripts either personally or through her authorised representative, namely, her father, Sri Krishnam Ramakrishna, having regard to the petitioner's advanced stage of pregnancy, subject to compliance with the prescribed procedure and payment of the requisite fee, if any.
With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications, if any, shall stand closed.