HYDERABAD: The Telangana High Court headed by Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili, on Wednesday, dismissed a writ appeal filed by Kaloji Narayana Rao Health University.
A single judge bench on December 24, 2021, had directed the varsity “to evaluate answerscripts of all the students who have failed in the examinations and not approach this court”. After declaration of results, the respondents are at liberty to reschedule the supplementary examinations. Further, to ensure fair play the respondents are directed to get the answerscripts evaluated through new examiners. This was in response to the writ petition filed by Dr Devender Banavath and 11 other PG medical students.
Kaloji Narayana Rao Health Varsity challenged the single judge orders in a writ appeal. On behalf of the varsity, Additional Advocate General (AAG) J Ramachander Rao argued that there is no settled law on re-evaluation. The main stress of the petitioners is that the principles laid down by the erstwhile common High Court in Dr P Kishore Kumar’s case are not followed. The petitioners have not pointed out any violation with reference to statutory regulations, he said. The petitioners have come before the court seeking misplaced sympathy. the AAG said.
There is no material to establish that evaluators have violated any rules, he said, and further informed the court that what is law is to be interpreted by the courts and the observations made cannot be treated as law, which has only a persuasive value and not precedential value. The suggestions given are for future evaluation and they are recommendatory and do not have binding effect, he said. The division bench heard the Additional Advocate General arguments at length and reserved its orders last week. On Wednesday, the bench dismissed the plea filed by Kaloji varsity.
No violation of regulation
The petitioners have not pointed out any violation with reference to regulations and there are no pleadings stating that answersheets were not properly evaluated, AAG said