Telangana High Court

WP/24323/2004 of Divya Jyothy Gera D/o G.D. Param Jyothi Vs NRT Universityof Health Sciences, A.P. on 28 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No. 24323 of 2004 Between: Divya Jyothy Gerad D/o G.D.Param Jyothi ..... PETITIONER AND 1.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE N.V. RAMANA

WRIT PETITION No. 24323 of 2004

Between:

Divya Jyothy Gerad D/o G.D.Param Jyothi ..... PETITIONER

AND

1. N.T.R.University of Health Sciences,

A.P., Vijayawada, rep. by its Registrar.

2. The Principal, Dr.Gururaju Government Homeopathic Medical College, Gudivada, Krishna district. .....RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court will be pleased toissue an appropriate writ, order or direction more particularly one in the nature ofWrit of Mandamus, declaring the action of the respondents in not taking any stepspursuant to the representation dated 4.12.2004 as illegal, arbitrary, andconsequently direct the respondents to produce the Repertory Subject AnswerSheet of IV year BHMS pertaining to the petitioner before this Court for verification.

Counsel for the Petitioner : Mr.G.V.RAMANA REDDY

Counsel for the Respondents : Dr.Y.PADMAVATHI, STANDING COUNSEL

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ORDER:

Heard the learned counsel for petitioner and the learned Standing Counsel forrespondents.

The petitioner, in effect, seeks re-valuation of her answer script pertaining toexamination in the subject ‘Repertory’ of BHMS IV year, held in September, 2004.

The grievance of the petitioner is that though she is a meritorious student and hadwritten well B.H.M.S. IV Year examination held in September 2004, she had failed inthe subject ‘Repertory’ allegedly due to some mistake in calculation of marks orvaluation by the respondent University. It is also stated that she had made arepresentation dated 4.12.2004 to the first respondent seeking rectification of themistake and since there is no response, the present writ petition is filed seekingdirection to the respondents to produce her answer script pertaining to examinationin the subject ‘Repertory’ of BHMS IV year, held in September, 2004.

A perusal of material papers reveals that the petitioner has not even produced theofficial marks memorandum and thus, the petitioner has not approached theUniversity seeking redressal of her grievance, but straightaway rushed to this Courtfor re-valuation of the answer script. Further, learned counsel for the petitioner hasnot produced before me any Rules or Regulations of the respondent University,which permit re-valuation of the answer scripts. In the absence of such provision, this Court inexercise of extraordinary jurisdiction cannot grant the relief sought for by thepetitioner. In these circumstances, the writ petition is liable to be dismissed.

The writ petition is accordingly dismissed at the stage of admission. No costs.

_____________

N.V.RAMANA, J

DA

To

1. The Registrar, N.T.R.University of Health Sciences, Vijayawada, A.P.

2. The Principal, Dr.Gururaju Government Homeopathic Medical College,Gudivada, Krishna district.Gudivada, Krishna district.

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