S.Pavithra (Minor) v. The Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2018

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN W.P.No.16233 of 2018 S.Pavithra (Minor), Represented by father P.Sankar ... Petitioner Vs

1. The Director of School Education, DPI Complex, College Road, Chennai.

2. Chief Educational Officer, O/o Chief Educational Office, Collectorate Building, Villupuram.

3. The Headmaster, Government Higher Secondary School, Moongilthuraipattu, Shankarapuram Taluk, Villupuram District.

... Respondents Writ Petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to admit the petitioner's daughter S.Pavithra to +2 for the academic year 2018-19 based on the petitioner's representation dated 18.06.2018.

For Petitioner : Ms.S.Sowmiya For Respondents 1 & 2: Mr.C.Munusamy, Spl.G.P. assisted by Mr.A.Raja Perumal, Addl.G.P.

ORDER

The petitioner has come forward with the present writ petition for issuance of a Writ of Mandamus to direct the respondents to admit the petitioner's daughter S.Pavithra to +2 for the academic year 2018-19 based on the petitioner's representation dated 18.06.2018.

2. When the matter came up for hearing on 11.07.2018, the learned Special Government Pleader appearing for the respondents submitted that, taking note of the fact that due to health

condition of the petitioner's daughter, she could not pursue her studies for a period of one year and she would be admitted in any one of the near-by Government School and that petitioner shall not insist that she must be admitted only under the third respondent school, where she is residing near-by.

3. Subsequently, the Writ Petition was listed today under the caption "for being spoken to", as the said order passed on 11.07.2018 was not signed.

4. The learned Special Government Pleader appearing for the respondents submitted that the system of writing the Board Examination pattern has changed and that it would be difficult to accommodate the petitioner/student in any School as submitted on 11.07.2018 when the Writ Petition came up for hearing, and that it may be open for the petitioner to take up the examination through private study.

5. Taking note of the fact that the petitioner/candidate has taken the Science Group, naturally, she will have to take up the practical examination. Since the girl child (petitioner) who wants to study is affected by Paralysis, she has to take up the practical examination in any one of the Government School, and that concerned School must permit the petitioner/student to take up the practical examination in that School and the Headmaster of that School shall provide necessary guidance so that she may attend the classes for practicals, and, that the theory papers shall be written by her through private study.

6. The Director of Government Examinations, Chennai, though is not a party, is expected to do the needful to the petitioner/student who is affected by Paralysis and who wants to pursue her studies, by giving her helping hand.

7. With the above clarification, the Writ Petition is disposed of. No costs.

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

ak/cs To

1. The Director of School Education, DPI Complex, College Road, Chennai.

2. Chief Educational Officer, O/o Chief Educational Office, Collectorate Building, Villupuram.

3. The Headmaster, Government Higher Secondary School, Moongilthuraipattu, Shankarapuram Taluk, Villupuram District.

4. The Director of Government Examinations, Chennai.

+1cc to Mr.M.Selvam, Advocate Sr.47467 W.P.No.16233 of 2018 srg 27/07/2018