S.Robert, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.20915 of 2017 and WMP(MD) No.17217 of 2017

1. S.Robert

2. N.Mariappan ... Petitioners Vs 1.The District Collector, O/o. the Collector Office, Theni District,Theni.

2.The Chief Educational Officer, O/o. the Chief Educational Officer, Paldurai Valagam, Theni,Theni District.

3.The District Educational, Officer (Secondary), O/o. the District Educational Officer(Secondary), Uthamapalayam at Paldurai Valagam, Theni, Theni District.

4.Mr.Prabhu, Headmaster, 7th Ward, Municipal Higher Secondary School, Bodinayakanur, Theni District.

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 4th Respondent replied by way of impugned reply notice on 18.8.2017 and quash the same and consequently direct the Respondents to admit their children in XI Standard in the 4th Respondent school.

For Petitioners : No appearance For R1 to R3 : Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

The petitioners have sought for an admission in 11th standard for their daughters, who studied in Kerala State earlier. The Certificate produced by the petitioners were not accepted by the Headmaster, Municipal Higher Secondary School, Bodinayakanur, Theni District/the fourth respondent herein. As against the order dated 18.08.2017, this writ petition was filed in the year 2017. 2.When this writ petition was taken up for hearing on 04.01.2024, there was no representation for the petitioners. Hence, it was ordered to be listed today under the caption ''for dismissal''. 2/6

Even today, there is no representation for the petitioners. 3.The learned Additional Government Pleader appearing for the official respondents submits that the daughters of the petitioners, who have earlier studied in Kerala State have not secured the minimum percentage of marks to get admission in the Municipal Higher Secondary School in XI Standard. Therefore, this writ petition is not maintainable.

4.The fourth respondent has filed a counter affidavit stating that the children of the petitioners herein studied 10th standard in Kerala State under General Education Department and they have produced Secondary School Leaving Certificate issued by the Board of Public Examinations, Kerala. The petitioners' daughters have secured 31 marks out of 100 and 33 marks out of 100 in English language respectively. Since they have not obtained a minimum percentage of marks i.e 35 marks out of 100 as stipulated by the Higher Education Department of State of Tamil Nadu, they 3/6

are not eligible to be admitted to the next class, as per the rules followed in State of Tamil Nadu.

5.From the materials placed before this Court that by referring the present guidelines in Tamil Nadu, the petitioners' daughters were not admitted to 11th standard in Municipal Higher Secondary School, Bodinayakanur, Theni District. It is evident that the petitioners have made a vague statement that the marks obtained by the petitioners' daughters is sufficient to get admission in 11th standard.

6.In view of the above, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 08.01.2024 NCC:Yes/No Index:Yes/No Internet:Yes vrn 4/6

To 1.The District Collector, O/o. the Collector Office, Theni District, Theni.

2.The Chief Educational Officer, O/o. the Chief Educational Officer, Paldurai Valagam, Theni, Theni District.

3.The District Educational, Officer (Secondary), O/o. the District Educational Officer(Secondary), Uthamapalayam at Paldurai Valagam, Theni, Theni District.

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B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.20915 of 2017 and WMP(MD) No.17217 of 2017 08.01.2024 6/6