SAHITI Vs. CHANCELLOR NTR UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) Leave granted in all the special leave petitions.

(2.) The instant appeals are directed against judgment dated July 20, 2007 rendered by the Division Bench of High Court of Judicature of Andhra Pradesh at Hyderabad in Writ Appeal No. 402 of 2007 and other cognate appeals by which the common judgment dated May 1, 2007, rendered by the learned single Judge of the High Court upholding action of the Vice-Chancellor of Dr. N.T.R. University of Health Sciences, Vijaywada (for short "the University") of re-verifica"on/re-valuation/reexamination of answer scripts of 436 students, who had failed in first year MBBS examination during academic year 2006-07, is set aside and the decision of the Executive Council to cancel the result of re-verification of answer scripts and asking 294 students, who were declared passed on re-verification of answer scripts to reappear in examination of first year MBBS, is upheld.

(3.) The appellants, who are students, joined first year MBBS course for the academic year 2006-07 in different private medical colleges which are affiliated to the University, Vijaywada. They appeared in the first year M.B.B.S. examination held from September 5, 2006 to October 10, 2006. The results of the examination were declared on December 2, 2006. The record shows that in all 4076 students had appeared in examination out of whom 992 students were declared failed in different papers. In the results published by the university, it was specifically mentioned that such of those students who wanted to attend personal identification for re-totalling of their theory answer scripts should submit their applications on or before December 13, 2006. This personal identification was meant to enable the students to apply for re-totalling of their answer scripts. Out of the 992 students who had failed, 436 students applied for re-totalling of their respective answer scripts. When the process of re-totalling was going on, some representations were addressed to His Excellency, the Governor, who is Chancellor of the university, and the Hon'ble Minister for Medical and Health as well the Vice- Chancellor of the university on behalf of the students in the name of MBBS First Year Students' Parents' Association with complaints of improper and under valuation of answer scripts. In the complaints, it was stated that answer scripts of three papers i.e. Anatomy, Physiology and Bio-Chemistry were not properly valued and the valuation was harsh whereas some questions in Physiology were out of syllabus and because of all these factors, the percentage of students who had cleared the examination was low. It is the case of the students that, the Vice-Chancellor, after listening to their grievances, assured that he would verify the answer books and if necessary, get them re-examined. Having regard to the nature of complaints received, the Vice-Chancellor constituted a committee of three expert professors on January 3, 2007 for re-verification/re-valuation/reexamination of answer scripts. The Committee undertook re-verification of the answer scripts and recorded marks on printed slips of papers which were stapled at the top of answer scripts. On the basis of re- verification made by the Committee appointed by the Vice-Chancellor, the University declared revised results on February 2, 2007 and 294 students out of 436 students, who had applied for re-totalling, were declared "Pass". The action taken by the Vice-Chancellor of retotalling and re-verification of the answer sheets of First Year M.B.B.S. examination held in September/October, 2006 was placed before Executive Council for its ratification. The matter was considered by Executive Council and the Council had approved the action taken by the Vice-Chancellor. The revised results were sent to the Principals of medical colleges. Subsequent to the declaration of the results, after re-valuation His Excellency, the Governor of the State, as well as the Minister for Medical, Health and Family Welfare and Vice-Chancellor of the University received communications and complaints stating that irregularities were committed in the process of reverification. Because of the controversy generated in the media, His Excellency the Governor forwarded the complaints received by him to the Executive Council of the University for appropriate action. A meeting of the Executive Council of the University was convened to consider the action of re-totalling and re-verification of answer scripts relating to First Year M.B.B.S. examination held in September/October, 2006. The Executive Council resolved to ask the Government of Andhra Pradesh to constitute a high level committee to go into the circumstances under which re-verification of answer sheets was undertaken and find out whether any irregularities had taken place. The Executive Council further resolved to withhold declaration of the revised results of First Year M.B.B.S. course till the enquiry report was submitted and give intimation of the same to the Principals of medical colleges concerned. Accordingly, by letter dated February 2, 2007 the Principals of medical colleges were informed not to give effect to the results obtained on re-verification of answer scripts of First Year M.B.B.S. examination. In pursuance to the resolution of Executive Council, the University twice requested the Andhra Pradesh Government to constitute a high level committee but the Government did not oblige the University. Meanwhile, petitions were filed in High Court by the beneficiaries of the revaluation of answer scripts seeking a direction to permit them to attend the second year M.B.B.S. course. The request made by the Registrar to the Government to constitute a high level committee to examine the whole issue was not acceded to but the Government referred the matter to the Law Department and Medical Department of the State. The Medical Department did not agree with the action of the Vice-Chancellor. Ultimately the Chief Secretary sought the opinion of the learned Advocate General of the State in the matter who, by his letter dated 29-03-07, opined that the decision of Vice-Chancellor permitting re-valuation of answer scripts was not in accordance with the provisions of law/procedure. According to the learned Advocate General, merely because certain representations/complaints were received from the students/parents of the students, the Vice-Chancellor ought not to have ordered re-correction of answer scripts, more particularly, when there is no provision to do so in the Act. The learned Advocate General expressed the opinion that the University, being an autonomous body, there was no necessity for referring the matter to Government for the purpose of enquiring into the whole issue and, therefore, the very reference/request made by the University asking the Government to probe into the matter was not in accordance with the proviso to Section 12(3) of the N.T.R. University of Health Sciences Act 1986 ('the Act'for short).