Madras High CourtWP/31679/2014disposed of

R.Shanmuga Priya, v. The Chief Educational Officer,

2015-04-30Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 30.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.31679 of 2014 R. Shanmuga Priya .. Petitioner

Versus

1. The Chief Educational Officer, District Educational Officer, Cuddalore.

2. The Principal, St. Joseph Cluny Matriculation Higher Sec. School, Block - 25, Neyveli, Cuddalore District - 607 803.

.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 1st respondent to consider the petitioner representation letter dated 18.11.2014.

For Petitioner : Mr.A.Saranraj For Respondents : Mr.Rm.Muthukumar (for R1) Government Advocate Dr.Fr.A.Xavier Arul Raj (for R2)

O R D E R

By consent, the main writ petition is taken up for final disposal.

2. The petitioner claims that she has completed Higher Secondary Education from St.Joseph Cluny Matriculation Higher Secondary School, Neyveli, in the year 2014 and she is aspiring to study MBBS in the Colleges affiliated to Dr.M.G.R. University and was waiting to attend the counselling for admission to MBBS/BDS during the year 2014-15. The petitioner would further state that she has scored 1160 marks out of 1200 in the Higher Secondary Examination and she further claims that she belongs to Scheduled Caste and eligible to get admission for MBBS Course in the Government Colleges by virtue of merit as well as of the fact that she belongs to SC Community.

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3. The grievance expressed by the petitioner is that a typographical error has inadvertently crept in, in the transfer certificate bearing Sl.No.208/HSCm wherein, in the caste column, it has been stated as "Other Caste". The petitioner on coming to know of the said mistake submitted a representation dated 18.11.2014 to the 1st respondent and since, she has not been favoured with any response came forward to file this writ petition.

4. The learned counsel appearing for the petitioner would submit that the petitioner belongs to Scheduled Caste Community and her academic performance is excellent and unless and until the said mistake is rectified or corrected, she cannot get admission in MBBS/BDS in the Government Colleges and prays for appropriate orders.

5. The Court heard the submissions of Mr.Rm.Muthukumar, learned Government Advocate, who accepts notice for the 1st respondent and Dr.Fr.A.Xavier Arul Raj, learned counsel, who accepts notice for the 2nd respondent.

6. Taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the representation, this Court, directs the 2nd respondent to consider the representation dated 18.11.2014, on merits and in accordance with law, after giving an opportunity of personal hearing either to the petitioner or to the father of the petitioner and pass orders, as expeditiously as possible and not later than two weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as to the 1st respondent.

7. The writ petition is disposed of, accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ars To

1. The Chief Educational Officer, District Educational Officer, Cuddalore.

1 cc to Mr.A.Saranraj ,Advocate, SR.No.24784 2 cc to Dr.Fr.A.Xavier Arul Raj ,Advocate, SR.No.24883 W.P.No.31679 of 2014 rv(co) https://hcservices.ecourts.gov.in/hcservices/