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Madras High CourtWP/13876/2015dismissed

K.S.Anitha v. The Head Master

2015-08-10Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10.08.2015

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.No.13876 of 2015 K.S.Anitha ... Petitioner Vs

1. The Head Master, Government Higher Secondary School for Boys, Jayankondam, Udayarpalayam Taluk, Ariyalur District.

2. The Principal, Modern Arts & Science College, Jayankondam 621 802.

3. The Director of Government Examination, DPI Compound, Chennai-6.

4. Bharathidasan University, rep. by the Registrar, Tiruchirapalli 620 024.

5. Tamil Nadu Teachers Education University, rep. by its Registrar, Lady Wellington College Campus, Kamarajar Salai, Chennai-5.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the fifth respondent to permit the petitioner to appear for the ensuing University Examination for B.Ed. Degree Course to be held in May 2015 and to furnish Hall Tickets to her and declare the result and issue mark sheet to her.

For Petitioner : Mr.M.Ravi For Respondents : Mr.G.Anantharangan for R5 No appearance for R2 and R4 Mr.S.Diwakar for R1 and R3 Additional Government Pleader

ORDER

The petitioner was admitted into the B.Ed. course by the second respondent in the month of September, 2013. The admission of the petitioner was not approved by the official respondents, placing reliance upon the Government Order in G.O.Ms.No.121 Higher Education (G1) Department dated 04.07.2013 on the ground that a candidate should have undergone 10 + 2 +3 pattern. At the time of admission, the petitioner has obtained B.A. degree without completing +2. Accordingly, the admission of the petitioner was rejected by the fifth respondent. Section 35 (2)(a) of the Tamil Nadu Teachers Education University Act reads as follows:

"35 (2)Nothing contained in sub-section (1) shall require the University - (a)to admit to any course of study any person who does not possess the prescribed academic qualification or standard."

2.In G.O.Ms.No.121 Higher Education (G1) Department dated 04.07.2013, the following qualification has been prescribed for admission to B.Ed. Degree course:

"II(i) The candidates should have undergone 10+2+3 (15) or 11+1+3(15) pattern of study and passed the qualifying examination conducted by the respective State Board or CBSE or any other recognized Board of Education/Examination and UG Degree examination of the UGC recognized Universities in any one the school subjects offered by the Directorate of School Education at the Secondary/Higher Secondary Education level."

3.It appears that the petitioner has passed Zoology subject in +2 examination only in the month of March, 2014, much after her provisional admission in B.Ed. Degree course by the second

respondent. Thus, unfortunately, the relief sought for cannot be granted by this Court. The writ petition is therefore dismissed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mmi To

1. The Head Master, Government Higher Secondary School for Boys, Jayankondam, Udayarpalayam Taluk, Ariyalur District.

2. The Principal, Modern Arts & Science College, Jayankondam 621 802.

3. The Director of Government Examination, DPI Compound, Chennai-6.

4. The Registrar, Bharathidasan University, Tiruchirapalli 620 024.

5. The Registrar, Tamil Nadu Teachers Education University, Lady Wellington College Campus, Kamarajar Salai, Chennai-5.

+1cc to Mr.M.Ravi, Advocate, S.R.No.41908 +1cc to M/s.G.Anantharangan, Advocate, S.R.No.41778 +1cc to the Government Pleader, S.R.No.41587 W.P.No.13876 of 2015 VSN(CO) CA(24/08/2015)