M.Shanmugapriya v. Controller Of Examinations

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2017

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.A.(MD)No.561 of 2011 M.Shanmugapriya ... Appellant Vs.

1.The Controller of Examinations, Tamil Nadu Teachers Education University, Lady Willington College Campus, Kamarajar Salai, Chennai 600 005.

2.The Principal, St., John's College of Education, No.18, North High Ground Road, Palayamkottai, Tirunelveli 627 002 3.The District Employment Officer, Tirunelveli District, Tirunelveli.

... Respondents Writ Appeal filed under Clause 15 of Letter Patent against the order passed by this Court in W.P.(MD)No.12290 of 2010 dated 09.02.2011.

Prayer in WP(MD). 12290/ 2010 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS or any other appropriate writ, or order or direction, more in the form of Writ, calling for the entire records, pertaining to the impugned result and statement of marks issued by the 1st respondent dated 21.8.10 for the B.Ed. Degree Examination held in May 2010 relating to this petitioner for the Register No.1282709BD077 in the College Code 12827 for the subject Education in the Emerging Indian Society subject code UDAA in the column marks secured, sub column "external" and column "total marks secured" and the column "result" and quash the same as illegal and thereby directing the 1st respondent, to rectify and issue the correct certificate to the petitioner within the stipulated period and accordingly to enroll the petitioner's name in the state level seniority of the third respondent office. For Appellant :Mr.F.X.Eugene For 1st Respondent :Mr.U.Venkatesan, for Mr.M.Sivakumar https://hcservices.ecourts.gov.in/hcservices/

For 2nd Respondent :Mr.T.A.Ebenezer For 3rd Respondent :Mr.M.Murugan Government Advocate

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J) This Writ Appeal has been filed against the order of the learned Single Judge dated 09.02.2011, made in W.P.(MD)No.12290 of 2010.

2.Factually nothing survives in the writ petition. The Writ Petition has been filed by the appellant as a mistake has crept in the mark sheet issued to her by showing her as absent. Now it is submitted by both sides that the said mistake has since been rectified.

3.The learned counsel for the appellant submitted that consequently the date of registration in the exployment exchange is to be reckoned from the date of the appellant passing the examination.

4.We are afraid the said contention cannot be countenanced. The mistake has not been committed by the employment exchange. Though it is a unfortunate incident, in the absence of any legal right for the appellant as against the employment exchange, such an order cannot be passed, more so,when all others who got registered are not before this Court.

5.Accordingly, this Writ Appeals stands dismissed. No costs.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To:

1.The District Employment Officer, Tirunelveli District, Tirunelveli.

+1cc to M/S.Special Government Pleader,SR. 64950 +1cc to Mr.F.X.Eugene,Advocate,SR.64895 +1cc to Mr.U.Venkatesan,Advocate,SR.64606 +1cc to Mr.T.A.Ebenezer,Advocate,SR.64615 W.A.(MD)No.561 of 2011 11.07.2017 RMI KK/SKN RSK/SAR1/20.07.2017/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/