Kumari Tanveer Fatima vs Registrar, N.T.R. University of Health Sciences and Another

B.S.A. Swamy, J.—The petitioner, a final year M.B.B.S., student filed this writ petition seeking a writ of mandamus directing the respondents to send her answer script/ paper in Opthalmology for final year examinations held in the month of April / May 1999, for re-valuation and pass such other order or orders as this Hon''ble Court may be pleased to deem fit and proper in the circumstances of the case.

By order dated 01-09-1999, while admitting the writ petition 1 directed the counsel for the respondent-University to produce the answer script of the petitioner in Opthalmology with Hall Ticket No. 9409137 for verification of the Court on payment of Rs. 5,000/- by way of demand draft drawn in favour of the Registrar, NTR University of Health Sciences, by the petitioner. Accordingly, the answer script was produced before this Court on 09-09-1999 and having prima facie satisfied that the paper was not properly valued, I directed the respondent-University to get the paper valued by another reputed Professor in Opthalmology in the State and produce the same to enable me to formulate the relief. In fact, the above direction seemed to have been assailed by filing writ appeal unsuccessfully. Thereafter, the respondent-University sent the paper for re-valuation. After re-valuation it is seen that while the petitioner secured 19 marks in the theory out of 50 marks, the marks were improved in the re-valuation to 26, i.e., there is an increase of 7 marks after re-valuation of the paper. Initially, the petitioner was declared failed in the examination on the ground that she did not get the minimum of 20 marks as per the rules in vogue. Now, as the petitioner secured 26 marks out of 50 marks in the re-valuation the respondents are bound to declare the result of the petitioner as passed in the examination.

Accordingly, a direction is given to the respondent-University to declare the result of the final year examination of the petitioner on the basis of the marks obtained by her in re-valuation in Opthalmology as per the direction of this Court dated 01-09-1999 within one week from fine date of receipt of a copy of the order.

As the petitioner paid the examination fee for supplementary examination during the pendency of the writ petition, the respondents are directed to refund amount and permit the petitioner to undergo compulsory rotatory internship without further loss of time, and also as the petitioner succeeded in the writ petition, it is nothing but natural that she has to get back the amount paid for getting the answer script revalued under the orders of this Court by way of demand draft in favour of Registrar of the University, Rs. 5,000/-. The same shall also be refunded within one week from the date of receipt of a copy of the order.

Before parting with the case, this Court came across such a situation in another case and the same is pending adjudication i.e., W.P.No. 21048/99. As the respondent-University is agreeable to frame guidelines for the guidance of the valuation officers, I would like to give certain guidelines that are passing in my mind, while disposing of that writ petition.

In the result, the present writ petition is allowed, but, in the circumstances, there will be no order as to costs.