The High Court of Telangana disposed of a writ petition seeking issuance of answer scripts, observing the respondents were unaware of the grievance. The court directed the petitioner to submit a representation, allowing the respondent 2 weeks to consider it and pass appropriate orders conforming to principles of natural justice and prior rulings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY,THE SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 30384 OF 2023
Between:
G. Mahesh, S/o. G. Mallappa, Aged about 22 Years, Occ. Student, Rl/o H.No.10-77141A, Manikya Nilayam, Pothireddypally Village, Adharsh Nagar colony, Sangareddy, Telangana 5o2n5'
AND
...pETrroNER
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent in not providing the answer scripts of the petitioner relating to the Human Anatomy paper I and Human Anatomy Paper ll of 1st year MBBS exdmination held in June 2023 as bad in law and in violation of the fundamental rights guaranteed under the Constitution of lndia and consequently to direct the respondents to furnish certified copies of the answer scripts and script marks report of petitioner (Registration No .1901003055) of Human Anatomy paper land Human Anatomy paper ll of 1st year MBBS Examination held in June 2023
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstanc-es stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1st respondent to furnish certified copies of the answer scripts and script marks report of petitioner (Registration No. 1 901003055) of Human
Anatomy Paper t and HumanAnatomypaper ll of 1st year MBBS examination held in June 2023pending disposalof the abovewrit petition
Counsel for the Petitioner:SRl. SRINIVASA RAO PACHWA
Counsel for theRespondentNo.1: GP FORMEDICAL HEALTH AND FAMILY WELFARE
Counsel forthe Respondents:SRIA. PRABHAKAR RAO, SC FORKNRUNIVERSITY
The Court made thefollowing: ORDER
//
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION 0.30384 0F 2tJ23
ORDER
The petitioner approached this Court seeking the relief as under:
"To issue a writ, order or direction more pafticularly one in the nature of writ of mandamus declaring the action of the respondent in notproviding the answer scripts of the petitioner relating to the Human Anatomypaper Iand Human Anatomy Paper II of 7st year MBBS examination held in June 2023 as bad in law and in violation of the fundamental rightsguaranteed under the Constitution of India and consequently to direct the respondents tofurnish certified copies of the answer scripts and scriptmarks report of petitioner (Registration No.190100j055) of Human Anatomy paper I and Human Anatomypaper II of 1st year MBBS Examination held in lune 2023 and topass such other order or orders as this Hon'ble Court deemsfit andproper in the circumstances of the case."
The operative portion of the order dated27 .03.2023 passed in W.P.No.34330 of 2022 reads as under:-
"It is relevant to note that this Courtin K.Ramesh Vs. Telangana StatePublic Service Commr.l, expresseda similarview and permitted the petitioner therein toobtain certified copies of answerscripts.
12023 SCC Online TS 180
I
2
Therefore, a student or examinee is entitled to obtain certified copies of his/her answer scripts as per the provisions of the Act, 2005. In light of the aforesaid discussion, the present Writ Petition is allowed. Respondent No.2 is directed to furnish the certified copies of petitioner's answer scripts and Script Marks Report for Paper-I and Paper-II of Human Anatomy examination held in lune 2022, to the petitioner. In the circumstances of the case, there shall be no order as fo cosfs.
3
I
petitioner's grievance as put forth in the present writ Petition within a period of one (01) week from the date of receipt of copy of this order and upon the petitioner submitting the said representation to the 2nd respondent, the 2nd respondent is directed to consider the same in accordance to law by duly taking into consideration the view taken by the High Court in the order, dated 27.03.2023 passed under identical circumstances in W.P.No.3433O of 2022 (referred to and extracted above), and pass appropriate orders within a period of two (02) weeks from the date of receipt of the said representation from the petitioner in accordance to law, in inconformity with the principles of natural justice by providing reasonable opportunity to the petitioner and duly communicate the decision to the petitioner. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ
Petition, shall stand closed.
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DATED:0611212023
ORDER
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WP.No.30384 of 2023
DISPOSING OF THE WRITPETITION WITHOUT COSTS
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3 issues framed by the court
Whether the High Court could issue a writ of mandamus for answer scripts before the respondent represented of the grievance.
Whether the petitioner was entitled to an immediate direction to furnish certified copies of answer scripts on writ petition.
Whether the court could direct the respondent to consider the petitioner's grievance in light of a prior judgment.
Colour shows how this judgement treated each authority
K. Ramesh Vs. Telangana State Public Service CommissionReferred¶29
K.Ramesh Vs. Telangana State Public Service Commr
Writ Petition No. 34330 of 2022Referred¶28
W.P.No.34330 of 2022 (dated 27.03.2023)
G. Mahesh
State of Telangana
KNR University Health Sciences Warangal
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
