S.Ajay Dass v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2021
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P No.16774 of 2021 and W.M.P No.17740 of 2021 S.AjayDass Minor Represented by his mother and Natural Guardian S.Vijayalakshmi
...Petitioner
Vs.
1. The State of Tamil Nadu Rep. by The Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
2. The Director of School Education, DPI Complex, College Road, Chennai - 600 006.
3. The Director of Government Examination, DPI Complex, College Road, Chennai - 600 006.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st 2nd and 3rd respondent to consider the petitioner's son representation dated 21.6.2021 and pass orders on the same by considering the urgency of the 10th supplement exam within the time stipulated by this Court. For Petitioner : Mr.L.K.Charles Alexander For Respondents : Mr.A.Selvendiran Government Advocate
ORDER
This writ petition has been filed for the issue of writ of mandamus directing the respondents to conduct the supplementary examination for 10th standard to enable the petitioner's son to write the examination and to clear 10th standard. 2.The petitioner's son was studying in the 10th standard at Ebenezer Modern Matriculation School, Thirumullaivoyal, Chennai. He wrote the examination in the year 2019 and he failed in three subjects. The petitioner's son thereafter, wrote the supplementary examination and once again failed. Thereafter, the petitioner's son was preparing himself to write the examination during the year 2020. However, by then the pandemic situation completely paralyzed the State and all the examinations were canceled and the students who were undergoing 10th standard were declared as pass.
3.The grievance of the petitioner is that the respondents did not take any steps to conduct the supplementary examinations during the year 2020 & 2021. Representations were also made by the petitioner in this regard and in spite of the same, the respondent did not conduct any supplementary examination and left with no other option, the present writ petition has been filed before this Court seeking for appropriate directions. 4.The learned Government Advocate appearing on behalf of the respondents submitted that steps were taken by the respondents to conduct the supplementary exam for 10th standard and the candidates were asked to submit their applications through online from 07.08.2021 to 11.08.2021. Thereafter, the time was again extended on 12.08.2021 and the candidates were allowed to submit the applications between 10 a.m. to 5.45 p.
m. on that day. The learned Government Advocate further submitted that the supplementary examination is going to be conducted from 16.09.2021 to 28.09.2021. It was therefore submitted that the petitioner's son could have submitted the on-line application and participated in the examination.
5.In view of the specific stand taken by the respondents, no further orders can be passed in this writ petition since, the last date is already over. It is left open to the petitioner's son to participate in the next supplementary examination that will be conducted by the respondents after issuing due notification.
6.This writ petition is disposed of accordingly. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ssr To
1. The Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
2. The Director of School Education, DPI Complex, College Road, Chennai - 600 006.
3. The Director of Government Examination, DPI Complex, College Road, Chennai - 600 006.
+1cc to the Government Pleader, S.R.No.41727 W.P No.16774 of 2021 and W.M.P No.17740 of 2021 RSV[co] NSK 13/09/2021