Kala B.C. v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.4787 of 2020 and W.M.P.No.5656 of 2020 1.Kala .B.C 2.Sruthy R Babu 3.Aravind R 4.Priya S 5.Kannan J ... Petitioners Vs
1. The State of Tamilnadu, Rep. by its Secretary, Higher Education Department, Secretariat, Chennai 600 009.
2. Directorate of Government Examinations, Rep. by its Additional Secretary, DPI Campus, College Road, Nungambakkam, Chennai - 600 006.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to conduct the Technical Examination for Agriculture (Higher Grade) as expeditiously as possible, preferably within a time frame fixed by this Court. For Petitioners : Ms.K.Janani For Respondents : Mr.C.Jayaprakash Government Advocate
O R D E R
Five petitioners have sought a writ of Mandamus, directing the 2nd respondent i.e., the Directorate of Government Examinations to conduct the Technical Examination for Agriculture (Higher Grade) expeditiously.
2.The petitioners claim to be preparing for the exams and receiving private instruction for the same. They say that they await the conduct of the higher grade exam, and have been in correspondence with the respondents making the same request by letter dated 30.10.2018.
3.The respondents also appear to have also extended them some hope in this regard, stating that the examination will be conducted and that information regarding the same will be published in the newspapers and in the media. 4.However, both by way of counter duly supplemented by oral submissions, Mr.C.Jayaprakash, learned Government Advocate appearing for the respondents would state that a policy decision has been taken to desist from the conduct of both Agriculture (Lower) and (Higher) examinations, as the same have not been found to be viable.
5.The Counter is filed in December 2020, subsequent to the reply sent by the respondents to the petitioners in 2018. According to the respondents, though the Department of Government Examinations have conducted technical examinations in various subjects such as Drawing, Printing, Indian Music, Dance, Tailoring, Needle work, Dressmaking, Embroidery, Hand loom and agriculture for many years, this practice has come to be stopped in 2017.
6. Furthermore, there is no Teacher Training Certificate Examination that is envisaged for the subject of Agriculture by the Director of School Education since 2008 and thus, there is no practical application of the Lower and Higher courses, even if candidates were to undertake the same.
7.In light of the explanation that is tendered by the respondents in counter and being a policy decision that appears to have been taken on practical and viable considerations as well as based upon scientific data culled out by the respondents, I see no reason to intervene. Mandamus as sought for by the petitioners is not liable to be granted and this writ petition is dismissed.
8.As suggested by the learned counsel for the petitioners, it would be appropriate that this policy decision is conveyed by
way of a Circular or a Government Order, so that the aspirants would not wait and prepare in the hope of such examinations being conducted. They may then explore and pursue other avenues of training and study. Let this exercise be carried out expeditiously and in any event within a period of eight (8) weeks from today. No costs. Connected Writ Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vs To
1. The Secretary, The State of Tamilnadu, Higher Education Department, Secretariat, Chennai 600 009.
2. The Additional Secretary, Directorate of Government Examinations, DPI Campus, College Road, Nungambakkam, Chennai - 600 006.
+1cc to the Government Pleader, S.R.No.27972 W.P.No.4787 of 2020 and W.M.P.No.5656 of 202 EV[co] NSK/27/05/2022