Madamsetty Sherya vs The Medical Council of India

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE TWENTY EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR.

JUSTICE G.RADHA RANI WRIT PETITION NO: 27o80 0F 2022 Between: AND 1 2 3 4 The [vledicat Council of India, Rep. by its Secretary, Phase -1' Dada Dev rtr"i,Jir-n"Jo, etock p, Sector B, bwirka, New^Delhi-110 077' il;'S-iri;;ii;i;;sr;", nep. uv its Prin6ipal Secretary, Hisher Education Deoartment.

T.S.

Secretariat, Saifabad.

Hyderabad - k;i;X'iJ;;;y;"i Rio universitv of Health Sciences, Rep'bv its Reoistrar,Warangal. i;3'd;i'ro|1"r. "fEiaminations, Kaloji Narayana Rao University of Health Sciences, Warangal. ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order or direction, more particularly one in the nature of Writ ofMandamus,declaringthattheactionofthe3rdRespondenlUniversity'innot permitting the petitioner for physical verification of the answer script of the petitionerrelatingtoHumanAnatomySubjectinrespectofHallTicketNo.

2001o06os5ofMBBSlstyearexaminationheldinMarch,2022,asillegal, irregular, improper arbitrary, unjust, contrary to law, violative of principles of natural justice, violative of the Fundamental Rights guaranteed under the Constitution of lndia and unconstitutional, and consequently direct the 3rd respondent, to produce the answer script of the petitioner relating to Physiology subject in respect of Hall Ticket No.

2001006095 of MBBS 1st year examination held in March, 2022, before this Hon'ble Court.

Madamsetty Sherya, D/o.

Madamsetty Koteswara Rao' aged about 20 years' b-;;.

Mai;rl stiraent, H;ll" ii;k;i' rlo- zootooooes,- Fvo D'No 5-7-42' Foi-hr ruir Sti""t, Narasapuram, West Godavari District' ... trict' ...'ETIT,ONER lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd Respondent, to produce the answer script of the petitioner relating to Human Anatomy, subject in respect of Hall Ticket No.

2001006095 of MBBS 1st year examination held in lVlarch, 2022, bef ore this Hon'ble Court, pending the Writ Petition.

Counsel for the Petitioner : SRI Ch.

VENKAT RAMAN Counsel for the Respondent No.1: M/s.

G.

SREE RANGA PUJITHA Counsel for the Respondent No.2: GP FOR HIGHER EDUCATION Counsel for the Respondent Nos.3 & 4: SRI A.PRABHAKAR RAO, SC FOR KNRUHS The Court made the following: ORDER T'III IIONOUItABt-E DIt.,ltrSl'l(]l: G.

ItADHA It,,\NI oRj)!rR: Heard Mr.

Ch.

Venkat Rarnan. lcarned counsel tbr petitioner and Mr.

Prabhakar Rao, leamed Standing Counsel for Katoji Narayana Rao University ol Ilealth Sciences, tbr respondent Nos.3 and 4.

2.

With the consent ol both parties, the Writ Petition is disposed ol at the stage o1'adnrission.

3.

This Writ Petition is flled under Article 226 of the Constitution of India challenging the action of 3'd respondent- University in not permitting the petitioner for physical verification of the answer script of the petitioner relating to'Human Anatomy' subject in respect of Hall Ticket No.2001006095 of M.B.B'S. l" Year Examination held in the month of March, 2022 as illegal, irregular, arbitrary, unjust and contrary to law; and to direct the 3'd respondent to produce the answer script of the petitioner relating to 'Human Anatomy' subject in respect of Hall Ticket Writ I'etition No.27080 of 2022 Dr.CRR,l wp 27o8o 2or2 No.2001006095 of M.B.B.S. l" Year Examination held in the nronth ol March,2022.

4, I)etitioner contends that she had appeared for I,Year M.B.B.S. course examination held in the month of March.

2022 for the Academic Year 2021-22. r 2021-22.

She had successfulll, completed the courses of Bio-Chemistry and Physiology.

But. in respecr ol 'Human Anatomy' sub.ject, she secured total marks o1' ' 162' and failed in Paper-ll of Theory parr.

She attempted alr.nost all the questions in the said subject ol 'Human Anatomy'.

Shc secured total marks of '528' in all out of the maximum marks of '900'.

5 Petitioner further contends that after receipt of Marks Memo dated 09.05.2022, her father submitted an application on-line seeking re-verification of the answer script of 'Human Anatomy' subject and paid the requisite fee ofRs.200/-.

6 The 3'd respondent-University, after re-veriflcation of the answer script, found that there was no change in the marks and confirmed that petitioner failed in the said sub-iect, viz., 'Human 2 Anatomy'.

Dr.CRR,l wp 27080,20)2 direction.

No order as to costs. t l.

As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed. { SDi-G.

ASSISTANT ESHA TRAR //TRUE COPY// SECTION OFFICER '"', ill?i E:'3:1?d, y"sf:I,:: ru"J !'Jffifl [[ii:' Da d a D ev Ma nd i r Road 2 The Principal secretlfl,''fiighii:io'l'tion Department' State of Telangana' . +i.t; SSEi$?iTH3ilfll#;#5 fl !!iil',""-::lY^?t H ea rth S cie nces' w a ra ng a I 4 The Controiler "r "-",i,i"Ziill"l,'klfof , r'lurcvdna Rao University of Health Sciences, Warangal s 6".i"'ic t"' dri bfi' tenxat Raman' Advocate [oPUCl d 5ii" 6d i" ryrl' a Tf;*?HS:Bti3;,tiHJfl3 [8?131 7.

One CC to Sri A'Pra B.

Two CD CoPies 9.

One SPare CoPY Sn] PS \- 10.

Accordingly, thc Writ Petition is disposed olwith the above v HIGH COURT DAf ED:2810612022 ORDER WP.No.27080 of 2022 DISPOSING OF THE WP WITHOUT COSTS 22 rll$ 1$ll .3{; lA Ut- t Arn f,,tr