Kum. Mogulla Akkhila, v. Kaloji Narayana Rao University Of Health Science
HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No. 45817 of 2018 ORDER: (per V. Ramasubramanian, J) 1) The petitioner has come up with the above writ petition seeking revaluation of her answer paper in the subject BioChemistry in the first year MBBS examination held in the month of October, 2018.
2) Heard Mr.P.Vishnuvardhana Reddy, learned counsel for the petitioner and Mr.A.Prabhakar Rao, learned counsel for the respondent-University.
3) The petitioner joined the first year MBBS Course during the academic year 2017-2018. She appeared for the first year examination during the period September to November, 2018. When the results of the examination were declared, the petitioner was declared to have failed in the theory paper in Bio-Chemistry. She applied for re-totaling, but it was found after re-totaling that all her answers were valued and the totaling was correct. 4) Thereafter, the petitioner has come up with the above writ petition seeking revaluation.
5) But so long as there is no provision for revaluation, it is not open to this Court to direct the revaluation of the answer sheet. The subject in which the petitioner has failed is Bio-Chemistry.
The contention of the petitioner in her writ petition is that she had done very well in the examination and there might have been irregularities or negligence in valuing the answer sheet. 6) But revaluation cannot be ordered for the mere asking especially on presumptions and surmises. The petitioner does not rely upon any Rule or Regulation of the University or the Medical Council of India which permits revaluation. Therefore, the petitioner cannot be granted any relief.
7) Accordingly, the Writ Petition is dismissed. Consequently, miscellaneous petitions if any pending in the writ petition shall stand dismissed. No order as to costs.
_____________________ V. RAMASUBRAMANIAN, J _____________________ A. RAJASHEKER REDDY , J February 15, 2019 gkv