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Madras High CourtWA/1330/2023disposed of

Gnanadeepa V (Minor) v. Directorate Of School Education

2023-12-11Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Gnanadeepa V (Minor) Represented by her father I.Vedhakkan (Natural Guardian) .. Appellant

Versus

1. Directorate of School Education, DPI Complex, College Road, Nungambakkam, Chennai - 600 006.

2. Chief Educational Officer office, Panagal Building, 1st Floor, Saidapet, Chennai - 600 015.

(Near Kalaignar Pon Vila Valaivu)

3. Tamil Nadu State Commission for Protection of Child Rights, 183/1, EVR Periyar Salai, Poonamalli High Road, Dasspuram, Kilpauk, Chennai, Tamil Nadu - 600 010.

4. Infant Jesus Matriculation Higher Secondary School, Manali New Town, Chennai, Tamil Nadu - 600 103.

5. Kaviraja .. Respondents 1/6

Prayer : Writ Appeal under Clause 15 of the Letters Patent to set aside the impugned order, dated 15.06.2023 made in W.P.No.17685 of 2023 and allow the Writ Appeal.

For Appellant : Mrs.Balamuki.S for M/s.R.Prabhakaran For Respondents : Mr.K.Karthik Jagannath, Government Advocate for RR-1 to 3

JUDGMENT

(Judgment made by the Hon'ble Chief Justice) Heard Mrs.Balamuki.S, learned Counsel for Mr.R.Prabhakaran, learned Counsel appearing on behalf of the appellant and Mr.K.Karthik Jagannath, learned Government Advocate appearing on behalf of the respondent Nos.1 to 3.

2. This Writ Appeal is filed against the order of the leaned Single Judge in W.P.No.17685 of 2023, dated 15.06.2023. The appellant had filed the Writ Petition seeking direction to the first respondent to re-evaluate the 10th Standard answer sheet of the appellant's daughter. It is the case of the appellant that his daughter, who is a minor, was declared failed in Tamil subject in the 10th Standard board exam with 21 marks out of 100. It is the contention of the learned Counsel for the appellant that the fifth respondent 2/6

had personal vengeance against his daughter because she rejected his marriage proposal. The fifth respondent, on 06.04.2023, entered into the exam hall and manipulated the invigilator by falsely claiming to be the son of a Tamil teacher. The fifth respondent snatched the answer sheet of the appellant's daughter without following the roll number in order and also struck off the answer sheet. Hence, the appellant's daughter was not awarded good marks. The learned Single Judge did not consider the said aspect in its correct perspective.

3. There is no provision of re-evaluation. It further appears that the appellant's daughter appeared for the paper of Tamil subject in the supplementary exams held in the month of June, 2023. In the said exam also, she failed securing only 19 marks. In the month of April, 2023, the appellant's daughter secured 21 marks.

4. According to the appellant, the incident happened on 06.04.2023. However, for the first time, the complaint seems to have been lodged on 27.05.2023, after the result is declared of the appellant's daughter having failed in Tamil subject.

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5. The learned Single Judge has considered the aspect properly. No case is made out for interference.

6. This Writ Appeal is disposed of. There will be no order as to costs. Consequently, C.M.P.No.13074 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 11.12.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs

1. The Directorate of School Education, DPI Complex, College Road, Nungambakkam, Chennai - 600 006.

2. The Chief Educational Officer Office, Panagal Building, 1st Floor, Saidapet, Chennai - 600 015.

(Near Kalaignar Pon Vila Valaivu)

3. The Tamil Nadu State Commission for Protection of Child Rights, 183/1, EVR Periyar Salai, Poonamalli High Road, Dasspuram, Kilpauk, Chennai, Tamil Nadu - 600 010.

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4. The Public Prosecutor, High Court of Madras.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

grs 5/6

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