R.Akshara, v. Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.01.2022

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.21868 of 2017 and W.M.P.No.22881 of 2017 R.Akshara Rep.by her Father and Natural Guardian N.Ramesh ... Petitioner Vs.

1.Government of Tamil Nadu, Rep.by its Secretary, Department of School Education, Fort. St.George, Secretariat, Chennai.

2.Directorate of School Education, Rep.by its Director, Higher Secondary Examination, College Road, D.P.I, Complex, Nungambakkam, Chennai.

3.District Educational Officer, Office of the District Educational Office, Cuddalore.

... Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to award the maximum mark to question No.76, Part-D of Economics paper of the petitioner as per answer key and further issue fresh mark list to the petitioner as per Permanent Register No.1710658237.

For Petitioner : Mr.M.Raja Sekhar For Respondents : Mrs.P.Raja Rajeswari Government Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents 1 and 2 to award the maximum mark to question No.76, Part-D of Economics paper of the petitioner as per answer key and further issue fresh mark list to the petitioner as per Permanent Register No.1710658237.

2. The brief facts of the case are as follows: The Writ Petitioner had appeared for the XII std Public Examination conducted by the respondents from 02.03.2017 to 13.03.2017 and the results were declared on 10.05.2017 and she has secured 1175/1200 marks. The petitioner was disappointed to note that only 190 marks was awarded to her in the Economics paper and immediately, as per the procedure, she has applied for the scan copy of the answer sheet for the Economics paper and as per the scan copy produced by the respondents, the answer given by the petitioner in question No.76 does not contain any mistakes. She further submits that instead of awarding 20 marks, only 10 marks has been awarded to the Question No.76 and hence, she has applied for revaluation. However, in the revaluation also no marks has been awarded by the 2nd respondent. Aggrieved over the same, the petitioner is before this Court by virtue of the present writ petition.

3. The learned counsel appearing for the respondents would submit that the answer provided by the petitioner to the Question No.76, is not in accordance with the answer key and only a part of the answer was right and second part is not correct and therefore, they awarded only 10 marks. Hence, this writ petition is not maintainable and liable to be dismissed.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

5. Upon hearing and perusal of the answer key to the Question No.76 and in view of the valuation and revaluation done by the respondents, this Court is of the firm opinion that the part of the answer provided by the petitioner to the Question No.76 is not correct and therefore, there is no merit consideration in this writ petition and hence, no interference is required.

6. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar Pns To 1.The Secretary, Government of Tamil Nadu, Department of School Education, Fort. St.George, Secretariat, Chennai.

2.The Director, Directorate of School Education, Higher Secondary Examination, College Road, D.P.I, Complex, Nungambakkam, Chennai.

3.District Educational Officer, Office of the District Educational Office, Cuddalore.

+1cc to the Government Pleader, SR.No.6426 W.P.No.21868 of 2017 and W.M.P.No.22881 of 2017 MT(CO) CB(22/02/2022)