L KIRAN KUMAR Vs. N T R UNIVERSITY

JUDGEMENT

(1.) Though these cases are listed for admission, but, in view of the urgency expressed by the learned counsel for the petitioners and as counter affidavit has been filed, at their request, they are heard finally at the stage of admission and are disposed of by this common order.

(2.) In all these writ petitions, the petitioners are the students of M. B. B. S. course studying in various private medical colleges affiliated to N.T.R. University of Health Sciences. They were admitted into the said course during the academic year 2006-07 and appeared for the first year examinations, which were conducted from 5th September, 2006 to 10th October, 2006. The results were published in the newspapers and simultaneously were communicated to the students through respective Principals of various colleges in the State. While announcing the results, it was notified to the students that applications for personal identification and retotalling can be submitted on or before 13-12-2006 and out of 4076 candidates appeared for the first year examinations, 992 students were declared as failed. The first year M.B.B.S. course comprises of six papers in three subjects, namely, (1) Anatomy, (2) Physiology and (3) Biochemistry i.e. two papers in each subject. Out of the 992 failed candidates, 436 students had applied for recounting and the said process was taken up from 29-1-2007. At that point, of time, various representations were made to the University stating that the valuation of answer scripts was not done fairly and some of the answers were not valued and considered at all while awarding marks. It was stated in the said representation that for some of the answers, without any valuation, '0' marks were awarded, which results in demoralizing the students who had bright career in their studies. While alleging that some of the questions were outside the syllabus notified, they pleaded that for the mistake on the part of the valuers/examiners, the students should not suffer and requested for reverification of the answer scripts for award of proper marks to the answers of various students. Similar such representations were also made to the Honourable Chancellor of the University and the Honourable Minister for Health, Medical and Family Welfare. Even the said representations were forwarded to the University and on the basis of the said representations, the Vice-Chancellor of the University had constituted a Committee consisting of three Professors to re-examine and verify the answer scripts in the subjects of Anatomy, Physiology and Biochemistry. The Committee consisted of Professor Honeyman, Head of the Department of Anatomy, Kurnool Medical College, Dr.Malleswari, Professor and Head of the Department of Physiology, Guntur Medical College, Guntur and Dr. K. L.Prabhakar Reddy, Professor and Head of the Department of Biochemistry, Sidhartha Medical College, Vijayawada. But, however, as subsequently, Dr.Malleswari was not available, in her place, Dr. G.S.R.Sharma, M.D., Professor and Head of Department of Physiology, Guntur Medical College, was appointed as a member of the above Committee in the place of Dr.Malleswari. The said Committee undertook the reverification of answer scripts of 436 students and revalued the answer scripts and awarded marks. The results of the reverification process was declared on 2-2-2007 and communicated to the Principals of the respective medical colleges. Out of 436 candidates applied for recounting, 294 candidates were declared passed. Meanwhile, the University received a letter from the Honourable Minister alleging certain irregularities in the reverification process. A complaint was also received through e. mail, which is addressed to the Vice-Chancellor alleging certain irregularities in the examination section during the process of reverification of the answer scripts. In view of the said representation, it was decided to place the matter before the Executive Council. The Executive Council in its meeting held on 10-2-2007 resolved to ask the Government of Andhra Pradesh to constitute High Level Committee to verify the matter in all aspects, namely, to find out the circumstances under which reverification of answer scripts was taken, to find out whether any irregularities happened while carrying out the above work and to withhold the revised results of 1st MBBS course till enquiry report is submitted and inform same to the Principals of Medical Colleges immediately.

(3.) Pursuant to the said decision of the Executive Council of the University, the University had addressed a letter dated 10-2-2007 to the Government requesting for constitution of an Enquiry Committee. But, however, it appears, no enquiry committee was constituted by the Government. At the same time, a fax message dated 12-2-2007 was communicated to all the Principals to keep the results of the reverification process in abeyance. Pursuant to the communication of fax message keeping the results of the reverification process in abeyance, when the students were not allowed to continue in the second year M.B.B.S. course, a batch of writ petitions was filed before this Court. As much as the said communication was as an interim measure and by that time, they were attending the classes, this Court while issuing notice before admission in a batch of cases, permitted the students to continue to attend the classes. During the pendency of the above writ petitions, the matter was reconsidered by the Executive Council of the University in its meeting held on 2-4-2007 and in the said 169th meeting of the Executive Council, a decision was taken, by unanimous resolution, cancelling the whole process of revaluation and permitted the students who failed in September/October, 2006 examinations to reappear in the examinations scheduled to be held from 25-4-2007. But, however, it is stated that the said examinations were postponed to 15-5-2007. A copy of the resolution of the Executive Council is placed before this Court, which is to the following effect: "However, the Executive Council agrees with the opinion of learned Advocate-General, High Court of A.P., Hyderabad that the revaluation is not legal and liable to be cancelled and it results in dilution of the standards of education. The university also does not have the provision of revaluation of answer scripts. It is therefore unanimously resolved that the whole process of revaluation should be cancelled and the students who failed in Sept/Oct, 2006 examination to reappear in the university exam that is scheduled from 25th April, 2007." The said resolution was sent to the Honourable Chancellor for his consideration and approval and based on the approval of the decision of the Executive Council, the N.T.R. University of Health Sciences, Vijayawada vide their impugned proceedings in Ref.No.8284/E1 (A) Exams/2007, dated 20-4-2007, sent a communication to all the Principals of medical colleges about the cancellation of the results of the reverification process and students were asked to be communicated, by displaying a copy of the letter on the notice board of the college.