Chinthama Manju Bhargava Vs the State of Andhara Pradesh

CHINTHAMA MANJU BHARGAVA, ROLL NO. 21M102027031102027031 S/O. MADHAVA, AGED ABOUT 25 YEARS, RESIDENT OF SINGAPETA VILLAGE ALLUR MANDAL, NELLO'RE DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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THE STATE OF ANDHARA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY DEPARTMENT OF HEALTH, MEDICAL AND FAMILY WELFARE TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR'DISTRICT.522238

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DR NTR UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR NTR UHS, NEAR RAMAVARAPPADU GUNADALA, ANDHRA PRADESH 520008

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THE CONTROLLER OF EXAMINATIONS, DR. NTR UNIVERSITY OF HEALTH SCIENCES NTR UHS, NEAR RAMAVARAPPADU GUNADALA, ANDHRA PRADESH 520008

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APPOLLO INSTITUTE OF MEDICAL SCIENCES RESEARCH, REPRESENTED BY ITS PRINCIPAL S SAKETA, MURUKAMBATTU POST,CHITTOOR DISTRICT, ANDHRA PRADESH, PIN - 517127

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of Respondent Nos.2 and 3 in denying the Petitioner the benefit of one

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2

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compensatory mark in the Final MBBS Part-II Ophthalmology Examination (Set-C Paper) conducted on 02-04-2026, despite the admitted printing defect resulting in repetition of one Multiple Choice Question and consequent deprivation of one equal scoring opportunity, as arbitrary, illegal, discriminatory, unreasonable, violative of Articles 14 and 21 of the Constitution of India and contrary to the law declared by this Honourable Court in W.P. No.14957 of 2026, and consequently direct Respondent Nos.2 and 3 to award one compensatory mark to the Petitioner, declare him as PASSED in the Ophthalmology subject, issue a revised marks memorandum and all consequential records within time frame as fixed by this Honourable Court, and pass such other order or orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case. and to pass

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IA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct Respondent No. 2 to 4 to permit the Petitioner to immediately join and commence the Compulsory Rotatory Residential Internship (CRRI) along with his batchmates without insisting upon any further formalities and without loss of seniority or continuity of internship, pending disposal of the present Writ Petition, and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.SRI VIJAY MATHUKUMILLI

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Counsel for the Respondent(S):

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1.GP FOR MEDICAL HEALTH FW

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2.Tata Venkata Sridevi,Standing Counsel For Dr.NTR University of Health Sciences

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The Court made the following:

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ORDER:-

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Heard Sri Sri Vijay Mathukumilli, learned counsel for the petitioner, learned Government Pleader for Medical Health and Family Welfare appearing for the respondent No.1 and Ms. T.V.Sridevi, learned Standing Counsel for the respondent Nos.2 and 3.

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The instant writ petition is filed challenging the action of the respondents in not granting one compensatory mark, having regard to the fact that a mistake had occurred in printing and publishing the question paper of the Final MBBS, Part II Ophthalmology Examination (Set-C).

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Ms. T.V.Sridevi, learned Standing Counsel for the respondent Nos.2 and 3, placing reliance on the Judgment of the Hon’ble Apex Court in Civil Appeal No.5992 of 2012, submits that the petitioner has already accepted the marks awarded and has appeared in the supplementary examinations that were held on 2^nd July, 2026. Having regard to the same, learned Standing Counsel contends that the writ petition is not maintainable.

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Learned counsel for the petitioner would submit that mere appearing for the supplementary examinations would not preclude the petitioner from challenging the respondents' action in not awarding one compensatory mark. Any such action would be without prejudice to their rights conferred by the Constitution, and in any event appearing for the supplementary examinations would not preclude the petitioner from seeking justice. And it is further stated that the learned counsel Sri Sri Vijay Mathukumilli, that the subject issue has been adjudicated by this Court and thus is squarely covered by the said orders passed in W.P.Nos.14957 and 15135 of 2026, accordingly prays for passing of the same order, further requests that a direction be issued to the respondents to consider the request of the petitioner to allow him to attend the Compulsory Rotatory Residential Internship.

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Considered the submissions.

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Placing reliance on the earlier order of this Court in W.P.Nos.14957 and 15135 of 2026 dated 01.07.2026, the writ petition is disposed of in terms of the order passed in W.P.Nos.14957 and 15135 of 2026 dated 01.07.2026. Needless to observe that if the petitioner approaches the respondents seeking permission to allow him to attend Compulsory Rotatory Residential Internship (CRRI), the said application shall be considered by the by respondents, granting permission to the petitioner to attend the CRRI within a period of two (2) weeks from making such an application.

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