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Madras High CourtWP/15612/2021dismissed

B.Ramkumar Adityan v. Secretary

2021-07-29Honourable Mr Justice N. Kirubakaran,Honourable Mrs Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2021 CORAM :

THE HON'BLE MR.JUSTICE N.KIRUBAKARAN AND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI W.P.No.15612 of 2021 and W.M.P.No.16533 of 2021 B.Ramkumar Adityan

...Petitioner

Vs 1.Secretary, Ministry of Education, No.124, C.Shastri Bhavan, 2.Secretary, Department of School Education & Literacy, Ministry of Education, No.124, C.Shastri Bhavan, 3.Principal Secretary, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

4.Principal Secretary, Department of School Education, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

5.Secretary, University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 002.

6.Secretary, National Medical Commission, Pocket-14, Sector - 8, Dwarka Phase - 1, New Delhi - 110 077.

7.Secretary, Dental Council of India, Aiwan-E-Galib Marg, Kotla Road, Temple Lane, New Delhi - 110002.

8.Member Secretary, All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110070.

9.Secretary, Bar Council of India, No.21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi - 110 002.

10.Secretary, Indian Nursing Council, No.8th Floor, NBCC Center, Plot No.2, Community Center, Okhla Phase - I, New Delhi - 110020.

11.Secretary, State Board of School Examinations, Tamil Nadu College Road, Chennai 600006.

12.The Chairman, Central Board of Secondary Education, Shiksha Kendra, 2 community centre, Preet Vihar, New Delhi - 110 992.

13.Chief Executive & Secretary, Council for the Indian School Certificate Examinations, Pragati House, 3rd Floor, No.47-48 Nehru Place, New Delhi - 110 019.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance a Writ of Mandamus, directing the Respondents No.11, 12 and 13 to declare the highest marks among the Assessment marks and the Marks of the Improvisation Examinations, as the Final Mark of the Academic Year 2020-2021 Class 12 students and consequently direct the Respondents No.5 to 10 to direct all the Central Universities, State Universities, Deemed Universities, Open Universities, Autonomous Colleges, Government Colleges, Government Aided Colleges and Self Aided Colleges to finalise, announce and publish provisional or permanent admission list for the First

year Under Graduate (UG) Courses for the academic year 2021-2022 after considering the Final marks of the Students of those who opt to write the Improvisation Examination within stipulated time.

For Petitioner : Mr.S.Sankar.

For Respondents : Mr.P.Muthukumar, State Government Counsel for R1 to R4.

O R D E R

(Order of the Court was delivered by N.KIRUBAKARAN, J) The matter has been heard through "Video Conference".

2. The Petitioner on assumption, filed this Writ Petition stating that Students who opt to write Improvisation Examination will be affected.

3.Heard Mr.S.Sankar, Learned Counsel for the Petitioner and Mr.P.Muthukumar, Learned State Government Counsel for the Respondents 1 to 4.

4.This Court does not find any locus standi for the Petitioner to raise this issue, especially when the persons who have to write the said examination has not approached this Court.

5.Hence, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. However, it is made clear that there is no bar for any individual who is writing the said examination to approach this Court, if he / she is affected.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar ay To 1.Secretary, Ministry of Education, No.124, C.Shastri Bhavan,

2.Secretary, Department of School Education & Literacy, Ministry of Education, No.124, C.Shastri Bhavan, 3.Principal Secretary, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

4.Principal Secretary, Department of School Education, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

5.Secretary, University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 002.

6.Secretary, National Medical Commission, Pocket-14, Sector - 8, Dwarka Phase - 1, New Delhi - 110 077.

7.Secretary, Dental Council of India, Aiwan-E-Galib Marg, Kotla Road, Temple Lane, New Delhi - 110002.

8.Member Secretary, All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110070.

9.Secretary, Bar Council of India, No.21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi - 110 002.

10.Secretary, Indian Nursing Council, No.8th Floor, NBCC Center, Plot No.2, Community Center, Okhla Phase - I, New Delhi - 110020.

11.Secretary, State Board of School Examinations, Tamil Nadu College Road, Chennai 600006.

12.The Chairman, Central Board of Secondary Education, Shiksha Kendra, 2 community centre, Preet Vihar, New Delhi - 110 992.

13.Chief Executive & Secretary, Council for the Indian School Certificate Examinations, Pragati House, 3rd Floor, No.47-48 Nehru Place, New Delhi - 110 019.

+2cc to Mr.S.Sankar, Advocate, S.R.No.36796 +1cc to the Government Pleader, S.R.No.36543 W.P.No.15612 of 2021 and W.M.P.No.16533 of 2021 SPD(CO) RGA(24/08/2021)