M.Lakshaya (Minor) v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P. No.22380 of 2021 and W.M.P. Nos.23630, 23631 and 23632 of 2021 M.Lakshaya (Minor) D/o.M.Murugan Rep. by her father/Guardian M.Murugan ..Petitioner -Vs1 The Principal Secretary to Government, School Education (GE Department) Fort St. George, Chennai - 600 009.
2 The Director of School Education, College Road, Nungambakkam, Chennai - 600 034.
3 The Member Secretary, State Board of School Examinations, (Higher Secondary Tamil Nadu) DPI, College Road, Chennai - 600 006.
4 The Municipal Girls Government Modern Higher Secondary School, Rep. by its Head Master, Tiruvannamalai.
..Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records in proceedings in Clause XII of G.O.(MS) No.105 (School Education (GE) Department) dated 12.07.2021 on the file of 1st respondent and quash the same and directing the respondents to declare the original Marksheet Published in May 2021 as final.
For Petitioner :
Mr.R.Rajarajan For Respondents :
Mr.A.Selvendran Government Counsel
O R D E R
This writ petition has been filed challenging the impugned Government Order in G.O.(Ms)No.105 (School Education (GE) Department), dated 12.07.2021 and for a consequential direction to the respondents to declare the original marks secured by the petitioner's daughter published in May 2021 as final. 2.The case of the petitioner is that his daughter took the Higher Secondary examination during the academic year 2020-2021 and when the results were published in May, 2021, she had secured 525.17 marks out of 600 marks. The student was not satisfied with these marks and hence, chose to go for the reexamination. During re-examination, the student was able to secure only 361 marks.
3.The grievance of the petitioner is that as per G.O.(Ms) No.105 (School Education (GE) Department), dated 12.07.2021, the marks secured by the student in the re-examination alone will be taken into consideration. For proper appreciation, the relevant Clause in the Government Order is extracted hereunder: xii. Candidates not satisfied with the Assessment Candidates who are not satisfied with their Class 12 marks granter on the basis of the above assessment methodology, will be given an opportunity to appear in examinations to be conducted by the State Board when conditions are conductive for holding the examinations. However, as per this policy, if a student opts to take these examinations, the marks obtained by the students in these examinations will be considered final. Further, examinations will be conducted for all the subjects and candidates will have to appear for all such examinations. No request relating to specific subjects and appearance only for those subjects shall be entertained.
4.In view of the above development, the seat that was secured by the petitioner's daughter by virtue of the marks in the original examination, is now in peril due to the lesser marks scored in the re-examination. Aggrieved by the same, the Government Order has been put to challenge.
5.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 6.In the considered view of this Court, the petitioner's daughter was very well aware of the fact that the Government Order specifically provided that the marks secured in the reexamination alone will be taken as the final marks. Having known
this fact and having taken the re-examination, the student cannot be allowed to turn around and question the Government order.
7.The learned counsel for the petitioner submitted that the relevant Clause in the Government Order is arbitrary since previously only the highest marks secured was taken into consideration and after the coming into force of the Government Order, the marks secured in the re-examination alone is considered as final. This has really put the students to great hardship more particularly, during this pandemic situation. 8.The learned Government Counsel appearing on behalf of the respondents submitted that the Government order was issued in order to give an opportunity to the students to once again write the examination, if they are not satisfied with the marks secured in the original examination.
Therefore, when such an opportunity is being given, the educational authorities are made to conduct a re-examination which involves lot of preparation on the part of authorities. Therefore, it was deemed fit to provide a Clause in the Government Order to the effect that the marks secured in the re-examination alone will be treated as final. The learned Government Counsel submitted that there is absolutely no arbitrariness or illegality in stipulating such a condition and this condition will be applicable to all students who take the re-examination. The learned Government Counsel therefore concluded his arguments by submitting that there are absolutely no grounds to interfere with the impugned Government Order.
9.This Court finds a lot of force in the submissions made by the learned Government Counsel. The respondents have taken into consideration various factors and in order to provide an opportunity to the students, have come up with a scheme to permit the students to write re-examination if they are not satisfied with the assessment in the original examination. A student who writes the re-examination is very well aware of the fact that the marks secured in the re-examination alone will be taken to be final. If students secure higher marks in the reexamination than what was secured in the original examination, the higher marks that was secured in the re-examination will become final. Similarly, if the student secures lesser mark in the re-examination, that should obviously be treated as final. These are cases where the students take a chance to improve upon their marks, knowing fully well that the marks secured in the re-examination is final. Therefore, it is not as if such a burden is thrown up on a student all of a sudden after taking the re-examination.
10.This Court does not find any arbitrariness or illegality in the relevant Clause in the Government Order. The stipulation
provided under the Government Order is going to be applied across the Board and therefore, any student who decides to take re-examination must think twice before taking the examination since the marks secured in the re-examination alone will be considered as final. The petitioner's daughter having taken such a chance cannot be allowed to turn around and challenge the Government Order.
11.This Court does not find any ground to entertain this writ petition and as a result, this writ petition stands dismissed. Consequently, connected miscellaneous petitions are closed. No Costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ssr To 1 The Principal Secretary to Government, School Education (GE Department) Fort St. George, Chennai - 600 009.
2 The Director of School Education, College Road, Nungambakkam, Chennai - 600 034.
3 The Member Secretary, State Board of School Examinations, (Higher Secondary Tamil Nadu) DPI, College Road, Chennai - 600 006.
4 The Head Master, Municipal Girls Government Modern Higher Secondary School, Tiruvannamalai.
+1 cc to Mr.R.Rajarajan, Advocate Sr.NO. 54164 +1 cc to Government Pleader Sr.NO. 55107 W.P. No.22380 of 2021 and W.M.P. Nos.23630, 23631 and 23632 of 2021 KK(CO) A.SK(10.11.2021)