DR NTR UNIVERSITY OF HEALTH SCIENCES vs. DR. YERRA TRINADH

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8037 OF 2022 Dr. NTR University of Health Sciences …Appellant Versus Dr. Yerra Trinadh & Others …Respondents WITH CIVIL APPEAL NO. 8038 OF 2022 J U D G M E N T M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 31.10.2019 passed by the High Court of Andhra Pradesh at Amravati in Writ Appeal Nos. 363 & 364 of 2019, by Signature Not Verified which the Division Bench of the High Court has dismissed the said writ Digitally signed by NIRMALA NEGI Date: 2022.11.04 16:23:54 IST Reason: appeals and has confirmed the common judgment and order dated 1 19.09.2019 passed by the learned Single Judge in Writ Petition Nos. 10376/2019 and 9486/2019 ordering/directing the re-evaluation of the answer scripts of the respective original writ petitioners who appeared in post-graduation in diploma course in the NTR University of Health Sciences (appellant herein), the University has preferred the present appeals. 2. That the original writ petitioners appeared in post-graduation diploma course conducted by the appellant – University. There was a digital evaluation of the answer scripts. In the first round of litigation, certain directions were issued by the learned Single Judge how to evaluate the answer scripts. The respective students – original writ petitioners were not satisfied with the evaluation of the answer scripts and therefore they filed writ petitions before the learned Single Judge praying for re-evaluation of their answer scripts, which were evaluated digitally. 2.1 The learned Single Judge called for the record and after perusing the record, the learned Single Judge was of the opinion that the evaluation of the answer scripts was not in line with the directions issued by the learned Single Judge issued in the earlier round of litigation and that there was no proper evaluation of the answer scripts. By observing so, the learned Single Judge ordered re-evaluation of the answer scripts 2 afresh as per the prevalent MCI norms by identifying four fresh examiners. While allowing the writ petitions, the learned Single Judge directed/ordered as under: “Hence, the writ petition is allowed. The respondents are directed to get the petitioners’ answer scripts once again evaluation as per the prevalent MCI norms by identifying four fresh examiners. They are also directed to give clear and categorical instructions to the said new set of examiners to physically put the marks etc. on the uploaded answer script. The identified Globerana Technologies Pvt. Ltd., Hyderabad should be directed to teach the examiner, the manner of evaluating the digital/upload answer sheet (if necessary). The corrected sheet must be preserved for future review and in order to seek whether the examiner has applied his mind while evaluating the answer scripts or not. The entire exercise should be completed within a period of six weeks from today.” 2.2 The common judgment and order passed by the learned Single Judge was the subject matter of writ appeals before the Division Bench. Before the Division Bench, it was specifically contended on behalf of the appellant – University that as there was no provision for re-evaluation and therefore in absence of having any such provision, the learned Single Judge was not justified in ordering re-evaluation. It was submitted that though the said plea was specifically taken before the learned Single Judge, the learned Single Judge did not address on the said objection. That by the impugned common judgment and order, the Division Bench of the High Court has dismissed the writ appeals preferred by the University. Hence, the present appeals. 3 3. At the outset, it is required to be noted that while issuing notice in the present appeals, this Court passed the following order on 9.4.2021: “Delay condoned. The learned senior counsel for the petitioner submits that the results for the final year PG Degree/Diploma examination pertaining to respondent Nos.1-23 have already been declared. Some of them have passed in the re-evaluation and the others have passed in the subsequent supplementary examination. He submits that the results announced in respect of respondent Nos. 1-23 shall not be disturbed in any manner. However, the learned senior counsel submits that there is no provision for re-evaluation in spite of which the High Court has directed re-evaluation of MBBS/PG Examinations. He further submits that there are a number of matters pending in the High Court on the same point. Issue notice returnable in four weeks. Dasti service, in addition, is permitted.” 4. Therefore, in view of the order passed by this Court dated 9.4.2021, the results declared on the basis of the re-evaluation pursuant to the order passed by the learned Single Judge, confirmed by the Division Bench, shall not be disturbed in any manner. It is reported that not only the results on re-evaluation have been declared, even the respective original writ petitioners who were declared passed on re- evaluation are also issued respective degrees in their favours in PG Degree/Diploma course. However, as observed in order dated 9.4.2021 that number of matters are pending in the High Court on the same point, learned counsel appearing on behalf of the University has prayed to consider the issue on merits, namely, “whether, in absence of any provision for re-evaluation, the High Court was justified in ordering re- 4 evaluation, while exercising powers under Article 226 of the Constitution of India”? 5. Learned counsel appearing on behalf of the University has vehemently submitted that in absence of any provision for re-evaluation, the High Court was not justified in ordering re-evaluation of the answer sheets/answer scripts and that too while exercising powers under Article 226 of the Constitution of India. In support of his submission, heavy reliance is placed on the decision of this Court in the case of Pramod Kumar Srivastava v. Chairman, Bihar Public Service Commission, Patna & Others, (2004) 6 SCC 714) (paragraph7 & 8); and the recent decision of this Court in the case of Vikesh Kumar Gupta & Another v. State of Rajasthan & Others, (2021) 2 SCC 309 . 5.1 Learned counsel appearing on behalf of the appellant-University has taken us to the affidavit of the Registrar, filed pursuant to the order passed by this Court on 17.01.2022, by which the University was permitted to file an affidavit giving the details of the digital evaluation of the answer sheets. It is submitted that the University has introduced digital evaluation (online evaluation) for the answer scripts of PG Degree/Diploma Examinations. It is submitted that initially the pilot project was entrusted to M/s. Globarena Technologies Pvt. Ltd., Hyderabad which had scanned the answer sheets for online evaluation 5 and the same were evaluated online by the examiners. It is submitted that after satisfying the pilot project for digital evaluation, the University st placed the same in 221 meeting of the Executive Council held on 13.07.2016 and the Executive Council verified the method of digital evaluation and the services of the nodal company under the supervision of the University. It is submitted that thereafter the resolution was passed by the Executive Council to go for digital evaluation. It is submitted that in pursuance of the said resolution, the University has evaluated the answer scripts digitally for every examination and there is no manual evaluation after the resolution by the Executive Council for digital evaluation. 5.2 It is further submitted that thereafter and after passing the judgment by the High Court in Writ Petition No. 26929/2016, the University has taken steps to rectify the defects pointed out by the High Court and improved the system of digital evaluation. It is submitted that subsequently the present digital evaluation system after improvements and modifications has been approved by the High Court in the recent decision in Writ Petition No. 15865/2022. 6. Learned counsel appearing on behalf of the respective original writ petitioners have submitted that so far as the original writ petitioners are concerned, as they are declared pass after re-evaluation and/or 6 appearing in the supplementary examination and their results have been declared and they are awarded degrees, the same may not be disturbed as observed by this Court in order dated 9.4.2021. 7. The short question which is posed for consideration before this Court is, “whether in the absence of any provision for re-evaluation, the High Court was justified in ordering re-evaluation after calling for the record of the answer scripts? 8. While considering the aforesaid issue/question, few decisions of this Court including two, referred to hereinabove, which have been relied upon by the learned counsel appearing on behalf of the University, are required to be referred to and considered. 8.1 In the case of Pramod Kumar Srivastava (supra) , it is observed and held by this Court that in absence of any provision for re-evaluation in the relevant rules, examinees have no right to claim or demand re- evaluation. In paragraphs 7 & 8, it is observed and held as under:

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8.2 In the case of Ran Vijay Singh v. State of U.P., (2018) 2 SCC 357 , in paragraph 32, it is observed and held as under:

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catena of decisions on scope of judicial review with regard to re- evaluation of the answer sheets, it is observed and held that the court should not re-evaluate or scrutinise the answer sheets of a candidate as it has no expertise in the matter and the academic matters are best left to academics.

to the facts and circumstances of the case on hand, we are of the opinion that the High Court was not at all justified in calling the record of the answer scripts and then to satisfy whether there was a need for re- evaluation or not. As reported, the High Courts are calling for the answer scripts/sheets for satisfying whether there is a need for re-evaluation or not and thereafter orders/directs re-evaluation, which is wholly impermissible. Such a practice of calling for answer scripts/answer 9 sheets and thereafter to order re-evaluation and that too in absence of any specific provision in the relevant rules for re-evaluation and that too while exercising powers under Article 226 of the Constitution of India is disapproved.

the digital evaluation which has been subsequently modified/improved and the deficiencies have been removed, which has now been approved by the High Court in the recent decision in Writ Petition No. 15865/2022. The digital evaluation process is reported to be scrupulously followed by the University. From the affidavit filed on behalf of the University on use of digital evaluation, it appears that all precautions are being taken to have the accurate evaluation digitally. There are specific instructions and trainings to the examiners while conducting digital evaluation. It is reported that the faculty has utilised the updated software by using the tools and annotations incorporated in the software adopted by the University. In any case, in absence of any regulation for re-evaluation of the answer scripts, either in the MCI rules or in the University Rules, the High Court is not justified in ordering re-evaluation of the answer scripts.

matter of directing or not directing re-evaluation of an answer sheet. 10

common judgment and order passed by the learned Single Judge ordering re-evaluation of the answer scripts, confirmed by the Division Bench by the impugned common judgment and order, is unsustainable. However, as observed hereinabove, as the results of the original writ petitioners after re-evaluation or appearing in the supplementary examination have been declared, while quashing and setting aside the impugned common judgments and orders passed by the learned Single Judge as well as Division Bench of the High Court, the same shall not be affected and/or disturbed. The impugned common judgments and orders passed by the learned Single Judge as well as Division Bench ordering re-evaluation of the answer scripts in absence of any such provision in the relevant rules are hereby quashed and set aside. However, as observed hereinabove, the same shall not affect the declaration of the results of the original writ petitioners on re-evaluation or appearing in the supplementary examination.

NEW DELHI; …………………………………J. NOVEMBER 04, 2022. [M.M. SUNDRESH] 11