Kaloji Narayana Rao University Of Health Sciences v. Devender Banavath
2025-02-12
DIPANKAR DATTA, MANMOHAN
body2025
DigiLaw.ai
ORDER : 1. Leave granted. 2. The facts giving rise to the appeal have been noted by a coordinate Bench of this Court in its order dated 25th February, 2022. In such view of the matter, we do not consider it necessary to recapitulate the facts. 3. Suffice it to note that the respondents/students have since qualified in the post graduate examination and a submission is advanced on their behalf that nothing survives for consideration in the appeal. 4. True it is, the respondents/students have qualified in the post graduate medical examination and no further order would seem to be necessary; however, having regard to the directions contained in the judgment and order of the Single Judge, which have been upheld by the Division Bench vide its judgment and order under challenge, we feel that our interference is required. Directions to have the answer scripts re-examined without the rules of examination permitting such re-examination are in the teeth of the decision of this Court in "Secy., W.B. Council of Higher Secondary Education vs. Ayan Das & Ors.", (2007) 8 SCC 242 ; hence, the same are indefensible and liable to be set aside. 5. Accordingly, we set aside the impugned judgment and order of the Division Bench and the Single Judge without, however, considering the necessity to consider the aspect noted in paragraph 4 of the order dated 25th February, 2022, whereby the appellants were directed to file an affidavit as to the modalities devised in the software to ensure the integrity and accuracy of the process of evaluation. 6. The appeal stands disposed of accordingly. 7. Pending application(s), if any, shall stand disposed of.