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Madras High CourtWP/14613/2015disposed of

V.Prabakaran v. The Government Of Tamil

2015-05-13Honourable Mr Justice R.Subbiah6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 14.05.2015

CORAM

THE HON'BLE MR. JUSTICE R.SUBBIAH W.P.No.14613 of 2015 V.Prabakaran .. Petitioner

Versus

1. The Government of Tamilnadu, Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.

2. The Director of School Education, DPI Campus, No.68, College Road, Chennai - 600 006.

3. The Principal, St. Andrew's Matric Higher Secondary School, Thirumandurai, Kunnam Taluk, Perambalur District.

.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 2nd respondent viz., the Director of School Education, DPI Complex, No.68, College Road, Chennai - 600 006 to consider and pass orders on the representation given by the petitioner on 27.04.2015. For Petitioner : Mr.A.G.Rajan For Respondents : Mr.A.Kumar Special Government Pleader.

O R D E R

Mr.A.Kumar, learned Special Government Pleader, takes notice for the respondents and by consent of learned counsel on either side, the writ petition is taken up for final disposal.

2. The present writ petition has been filed for a mandamus, directing the 2nd respondent viz., the Director of School Education, DPI Complex, No.68, College Road, Chennai - 600 006, to consider and pass orders on the petitioner's representation dated 27.04.2015.

3. In the affidavit, the petitioner has stated that he is having a daughter by name Haritha and she is an English Medium student studying 10th Standard at St. Andrew's Matric Higher Secondary School, Thirumandurai, Kunnam Taluk, Perambalur District. She is a rank holder and she appeared for the 10th Standard public examination conducted during March 2015.

4. According to the petitioner, there was a flagrant error in the question paper for Social Science - Geography-II in question Number 27, which is "Name the Regions of very heavy rain fall". So

far as Tamil Medium students are concerned, they have no problem in answering the question, since the question found in the Tamil Medium Text Book for Social Science - Geography-II, is that of the same as framed in the question paper for the public examination. Whereas, the English Medium students are concerned, they were very much confused on seeing the particular question No.27, because the question found in the English Medium Social Science - Geography-II Text book is "Name the Regions of heavy rain fall in India". Therefore, the English Medium students got confused and they had written different answers for the same question including petitioner's daughter and are likely to lose two marks in the examination, which will have much impact for those who are aiming State Rank including his daughter.

5. Therefore, the petitioner made a representation dated 27.04.2015 to the 2nd respondent, setting out all the details of the particular question No.27 in Social Science - Geography-II through Registered Post, to take action in order to rectify the flagrant error and requesting him to give 2 marks for particular question No.27, to his daughter. Since, no action has been taken so far on his representation, and the result of the 10th Standard Public Examination

is likely to be published on 21.05.2015, the petitioner has filed the present writ petition.

6. Considering the averments made in the affidavit and the submissions made and without going into the merits of the contentions raised in the representation, this Court directs the 2nd respondent to consider the petitioner's representation dated 27.04.2015, on merits and in accordance with law and pass appropriate orders, on or before 19.05.2015.

7. With the above direction, the writ petition is disposed of. No Costs.

14.05.2015 Index:Yes/No Internet:Yes/No Note to office:

Issue order copy today va/ars

To

1. The Government of Tamilnadu, Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.

2. The Director of School Education, DPI Campus, No.68, College Road, Chennai - 600 006.

R.SUBBIAH, J., va/ars W.P.No.14613 of 2015 14.05.2015