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Judgment
This writ petition is filed seeking the following relief:
"...to issue an appropriate writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the failure of Respondents 2 and 3 to consider and decide the Petitioners grievance regarding the evaluation and recording of marks in Ophthalmology in the Final MBBS Part-II University Examination held in July 2026, after the Petitioner's application for recounting/retotalling did not result in any change, as arbitrary, unreasonable and violative of Articles 14 and 21 of the Constitution of India, and consequently direct Respondents 2 and 3 to undertake an urgent, fair and transparent verification of the Petitioners Ophthalmology answer script and marks, including whether all answers were evaluated, any answer/mark was omitted, marks were correctly totalled and transferred, and whether any identifiable evaluation or recording error occurred, to consider re-correction/re-evaluation or any other review strictly to the extent permitted by the applicable University regulations, to communicate a reasoned decision within a time fixed by this Honble Court, and to pass..."
Heard Mr. G.Anand Kumar, learned counsel for the petitioner, learned Assistant Government Pleader for Medical, Health and Family Welfare Department appearing for respondent Nos.1 and 4 and Mr.T.Sharath, learned Standing Counsel for Kaloji Narayana Rao University of Health and Science appearing for respondent Nos.2 and 3. Perused the record.
With the consent of both the parties, this writ petition is disposed of at the stage of admission itself.
Case of the petitioner is that despite having made adequate preparation for the examinations and being confident of her performance, she was declared unsuccessful in the MBBS Final Year Part-II Examination in the subject of OPHTHALMOLOGY. Being aggrieved by the said result and believing that her answer script was not properly evaluated, she approached respondent No.2 seeking revaluation, but respondent No.2-University informed her that revaluation was not allowed and only recounting is permitted. Though she had requested for re-verification of marks and personal verification of her answer script, respondent No.2-University informed her that the same was not permitted, except recounting. It is her further case that she had submitted an application, dated 18.10.2026 through e-mail to respondent No.2-University seeking re-verification of her answer script, but the same has not been acted upon till date. Hence, the present writ petition.
Learned counsel for the petitioner requested this Court to direct respondent No.2 to revaluate the petitioner's answer script pertaining to the MBBS Fianal Year Part-II Examination in the subject of OPHTHALMOLOGY and also permit the petitioner to personally verify her answer script, subject to payment of requisite fee, as per the Rules.
On the other hand, learned 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 script and that only re-totalling of the marks is permissible, or in specific cases, a review of the answer scripts is permissible. He reported no objection in directing respondent No.2 to re-verify the petitioner's answer script relating to the MBBS Final Year subject of OPHTHALMOLOGY and in permitting the petitioner to personally verify her answer script, subject to payment of the requisite fee.
In view of the submissions made by the learned counsel appearing on both sides, this Court deems it appropriate to direct respondent No.2-University to forthwith re-verify the petitioner's answer script relating to the MBBS Final Year Part-II Examination in the subject of OPHTHALMOLOGY and also permit the petitioner to personally verify her answer script in the said subject, on payment of requisite fee as per the Rules.
With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any, shall stand closed.