DR. POLNATISWAMI KUMAR Vs. NTR UNIVERSITY

JUDGEMENT

(1.) This writ petition is filed 'to declare the action of the respondents in conducting the digital evaluation process contrary to the principles laid down in 'Dr. P.Kishore Kumar vs. State of Andhra Pradesh, 2016(6) ALT 408" and 'Dr. J.Kiran Kumar & others vs. State of Andhra Pradesh, 2017(6) ALT 213' in respect of Postgraduate course examinations held in the month of August, 2020 and in not allowing the petitioners to physically examine the answer scripts and furnishing copies of the answer scripts, as illegal and arbitrary."

(2.) Case of the petitioners is that, they have appeared for final year examinations conducted in the month of August, 2020 i.e., 1st petitioner appeared for MS General Surgery, vide HT No.17M311013009, nd petitioner appeared for MS General Surgery, vide HT No.17M311005013; as per the scheme of examination, a booklet containing 64 pages will be supplied to each student and the answer scripts will be evaluated by four examiners independently and the marks awarded by the four examiners will be clubbed and average marks will be taken and basing on the same, the results of the students will be declared; the 1st respondent-University introduced the digitalized evaluation system from 2016; in respect of post-graduate medical examinations, the examination in the concerned subjects comprise of 4 papers of 100 marks each; of the said marks, a minimum of 40 marks shall be obtained to a minimum aggregate of 200 marks; though they have written the examination well they were declared failed; lot of aberrations took place in the process of evaluation of answer scripts; petitioners have a legitimate doubt about the method of evaluation; petitioners made an application under RTI to show the answer scripts evaluated by the examiners and also to furnish copies of the answer scripts but so far, the 1st respondent-University did not choose to furnish the same; as per the scheme of evaluation, the answer scripts have to be scanned and sent to four examiners for digital evaluation; the imperfection in the process of digital valuation by the agency in respect of post graduate students was pointed out by this Court in Dr. P. Kishore Kumar's case (supra) and the non compliance of the said direction in Dr.P.Kishore Kumar's case was pointed out in Dr.J. Kiran Kumar's case (supra); in Dr. Kishore Kumar's case (supra), it was held that when the digital answer scripts were evaluated, stylus marks, tick marks etc. evidencing the application of the mind and award of marks have to be put on the digital paper. This Court in Dr.J.Kiran Kumar's case (supra) pointed out that entering marks in the 'script marks report" is not sufficient and scanned answer sheets should show the evidence of evaluation; questioning the said evaluation, present writ petition is filed.

(3.) Counter-affidavit is filed by the 1st respondent stating interalia that the University has introduced digital valuation (online valuation) of the answer scripts from May/June, 2016. The said work was entrusted to M/s Globarena Technologies Pvt. Ltd., Hyderabad; after the judgment in WP No.26929 of 2016 dtd. 13/10/2016, the University has taken steps to rectify the defects pointed out by this Court and improved the system of digital valuation; keeping in view the directions of this Hon'ble Court, the University made arrangements to evaluate the answer scripts on digital basis; the University has given a single booklet; after receiving the said booklets/ answer scripts, the University scanned the entire booklet; while scanning the answer scripts of entire booklet, the question of missing their answer sheets does not arise, because each page of the booklet having barcode with page number; after verifying the same, the digital valuation has been started and the same was uploaded and sent to the valuation centers by the University; the answer scripts of the petitioners show that the examiners who valued used the tools; there are no mistakes or lapses on the part of University while conducting the digital valuation"; there is no regulation for revaluation of the answer scripts either in the MCI regulations or the University regulations, which was upheld by the Apex Court in 'Sahiti & others vs. Chancellor, NTR University of Health Sciences, AIR 2009 SC 879"; after announcement of results of August,2020 examinations, the University also provided a facility of re-totaling of the answer scripts; the University appointed a re-totaling committee for verifying the theory answer scripts of the candidates; the committee met on 3/11/2020 and verified the retotaling of theory answer scripts of PG degree/Diploma August, 2020 exams and submitted the report; after completion of re-totaling the committee report was communicated to the candidates concerned, including petitioners on 29/10/2020 through the Principals of the concerned college; there is no provision for providing copies of answer scripts to the students, except permitting them to verify their answer scripts personally and prays for dismissal of the writ petition.