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Madras High CourtWP(MD)/908/2024dismissed

M.Meenakshi v. The District Collector

2024-02-05Honourable Mrs Justice V.Bhavani Subbaroyan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition(MD)No.908 of 2024 M.Meenakshi ... Petitioner -Vs1.The District Collector, Madurai District, Madurai.

2.The District Child Protection Unit, rep. by its Chairman, Madurai District, Madurai.

3.The Chief Education Officer, Madurai District, Madurai.

4.The District Education Officer (Private), Madurai District, Madurai.

5.The Principal Sri Aurobindo Mira Universal School, Keelamathur, Madurai District - 625 234.

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6.The Regional Officer, Central Board of Secondary Education (CBSE), New No.3, Old No.1630A, J, Block 16th Main Road, Anna Nagar West, Chennai - 600 040.

7.The Controller of Examination, Central Board of Secondary Education (CBSE), New No.3, Old No.1630A, J, Block 16th Main Road, Anna Nagar West, Chennai - 600 040.

(R6 and R7 are impleaded vide Court order dated 18.01.2024 made in WMP(MD)No.1085/2024) ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct the respondent 1 to 3 to take appropriate action against 5th respondent school management for mentally harassing the petitioner's son Arjun Sriram and direct the respondent Nos. 3 and 5 to permit the petitioner's son Arjun Sriram to attend 12th standard the Practical Exam and Public Examination in the year 2024 by considering the petitioner's representation dated 02.01.2024.

For Petitioner : Mr.P.Chandrasekar For Respondents : Mr.P.T.Thiraviyam Govt. Advocate (for R1 to R4) Mr.K.Ragatheeshkumar for M/s Isaac Chamber (for R5) Mr.K.Govindarajan Standing Counsel (for R6 and R7) 2/8

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus to direct the respondent 1 to 3 to take appropriate action against 5th respondent school management for mentally harassing the petitioner's son Arjun Sriram and direct the respondent Nos. 3 and 5 to permit the petitioner's son Arjun Sriram to attend 12th standard, the Practical Exam and Public Examination in the year 2024, by considering the petitioner's representation dated 02.01.2024.

2. The learned counsel for the petitioner would submit that the petitioner's son, namely, Arjun Sriram is studying 12th Standard in the 5th respondent school. When his son was admitted in the said school in 11th Standard, he had paid Rs.1,10,000/- as Admission Fees without receipt and the same was paid in installment basis. Her son was passed with good marks and is continuing 12th Standard from June 2024. Now, when the petitioner tries to pay the fees, the 5th respondent school did not receive the same and demanded to pay Rs.1,16,000/- as single payment. In December 2023, the fifth respondent school did not allow her son to write the revision 3/8

test. While so, on 01.01.2024, the fifth respondent sent a communication letter to the petitioner stating that her son had ineligibility for board examination due to insufficient attendance. Hence, the petitioner sent a representation to the respondents 1 to 4, however, no action was taken against the fifth respondent school. Therefore, the petitioner has filed the present writ petition seeking the above said relief.

3. The learned counsel appearing for the fifth respondent school would submit that though the academic session commenced on April, 2023, the petitioner's son had attended only 6 days out of 20 days. After the summer vacation, the regular classes commenced from the first week of June, 2023, however, the petitioner's son has not attended the classes. When the fifth respondent school contacted the petitioner over phone to request her to send her son to the class regularly, there was no response from her. The petitioner's son had attended only 24 days out of 167 days. He would further submit that as per the instructions of the respondents 6 and 7/CBSC, the school had to communicate the attendance details of the students who are going to take part in the final 12th Grade Examination by the end of December 2023. Hence, on 20.12.2023, the fifth respondent school had 4/8

sent a communication to the respondents 6 and 7/CBSC intimating the lack of attendance of the petitioner's son and his ineligibility to take part in the final examination, as he has not completed the project and record works. He would further submit that if the petitioner's son redo the course, he will attend the examination. Apart from that, there is no chance.

4. The learned counsel for the respondents 6 and 7/CBSC would submit that as per the eligibility criteria mentioned in the notice dated 05.09.2023, the petitioner's son cannot write the examination even as a private student. If the petitioner's son wants to write the examination as a private candidate, the attendance is necessary. Hence, the learned Standing Counsel prays for dismissal of this writ petition.

5. It is seen that though the fifth respondent school has sent notices to the petitioner regarding the issue of attendance of her son, she has not taken any steps at that stage. Further, in the notice dated 05.09.2023, in Annexure - I, the eligibility to apply as private students for Senior School Certificate Examination (Class XII) has been mentioned, which reads as follows:- 5/8

"(C) Students who had completed a regular course of studies and had been allotted Roll No. for appearing at the Senior School Certificate Examination but could not appear for the Class XII examination due to medical reasons except shortage of attendance at the Senior Certificate Examination (Class XII) 2023"

6. In view of the above eligibility criteria mentioned in the said notice, this Court is of the view that the petitioner's son cannot write the examination as a private student. Therefore, this Court cannot pass any order in favour of the petitioner. Accordingly, this writ petition is dismissed. If the petitioner's son is not inclined to redo the course in the fifth respondent school, he is advised to redo the course in some other school. No costs.

05.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn 6/8

To 1.The District Collector, Madurai District, Madurai.

2.The District Child Protection Unit, rep. by its Chairman, Madurai District, Madurai.

3.The Chief Education Officer, Madurai District, Madurai.

4.The District Education Officer (Private), Madurai District, Madurai.

5.The Regional Officer, Central Board of Secondary Education (CBSE), New No.3, Old No.1630A, J, Block 16th Main Road, Anna Nagar West, Chennai - 600 040.

6.The Controller of Examination, Central Board of Secondary Education (CBSE), New No.3, Old No.1630A, J, Block 16th Main Road, Anna Nagar West, Chennai - 600 040.

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V.BHAVANI SUBBAROYAN, J.

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