Madras High Court
A.E.Sivaprakasam vs Principal Secretary To ... on 19 April, 2021
W.A.No.4 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2021
CORAM :
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MS. JUSTICE R.N.MANJULA
W.A.No.4 of 2021
A.E.Sivaprakasam ..Appellant
Vs
1.Principal Secretary to Government,
School Education Department,
Government of Tamil Nadu,
Secretariat, Chennai - 9.
2.Director of School Education,
Directorate of School Education,
Chennai - 6.
3.Director of Government Examinations,
Directorate of Government Examinations,
Chennai - 6.
4.State Board of School Examinations (Hr. Sec.)
Tamil Nadu rep. by Member Secretary,
Chennai - 6. ..Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against
the order dated 23.09.2020 passed in W.P.No.13297 of 2020.
For Appellant : Mr.R.Neelakandan
For Respondents : Ms.P.Kavitha,
Government Advocate
https://www.mhc.tn.gov.in/judis/
Page 1 of 5
W.A.No.4 of 2021
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal has been preferred by the appellant seeking
benefit of the Government Order in favour of his son, who is a
private candidate.
2. In the counter affidavit filed, the following submission
has been made:
"2. It is respectfully submitted that the Writ Petitioner's
son is a private candidate and he applied for writing the
Higher Secondary Examination in three subjects, which
were not earlier cleared by the Writ Petitioner's son. The
petitioner's son appeared for the examination in two
subject's vix., Mathematics and Biology and he was not
able to writ to appear for the third subject viz.,
Chemistry, owing to pandemic situation. The Writ
Petitioner's son scored 26 marks out of 70 in
mathematics and 22 marks out of 70 in Biology subject
and cleared both the subjects written by him.
3. It is further submitted that now the petitioner's son
seeks to take the benefit of G.O.Ms.No.54. Department of
School Education (Govt.Exams) dated 09.06.2020 and
wants to be declared as pass in the subject for which the
examination was cancelled.
4. It is respectfully submitted that the Writ Petitioner's
son as a private candidate, he is not eligible to declare
pass as per the above system. However, those kind of
private candidates were permitted to appear for the
Higher Secondary First year supplementary Examination
September 2020. As per the decision of the learned single
https://www.mhc.tn.gov.in/judis/
W.A.No.4 of 2021
Judge order, dated 23.09.2020, the Writ Petitioner's son
participated for the Higher Secondary Exam First year
Chemistry Arrears Exam for Register No.9302520 which
was held during September, 2020. The Petitioner's son
scored 04 Marks out of 70 in the Chemistry and not
cleared.
5. It is respectfully submitted that the Government Order
in G.O.Ms.No.54, Department of School Education (Govt.
Exams) dated 09.06.2020 will apply only to those
students who were not able to take the regular
examinations due to the pandemic situation.
6. It is further submitted that as per the order of the
learned single Judge the Appellant's son participated the
arrears Examination (Chemistry subject) which was held
during September 2020. After participating the arrear
exam the Appellant now challenged the learned single
Judge order dated 23.09.2020 on the ground of
erroneous. The above Writ Appeal itself is not
maintainable.
7.It is respectfully submitted that, in the Govt. Order
G.O.Ms.No.54, Dated, 09.06.2020, it has been stated that
marks will be awarded to School candidates by
calculating 80% of marks from their Quarterly, Half
Yearly Examinations and 20% will be calculated on the
basis of their attendance during the academic year 2019-
2020, which clearly shows that this method of awarding
marks is applicable only for the School candidates did
their study in the academic year 2019-2020.
8. It is humbly submitted that Govt. Order G.O.Ms.No.54,
School Education (Govt. Exams), Department, Dated
09.06.2020, will not apply to a private candidate who had
failed to the earlier examination and was subsequently
taking the examination in a failed subject."
https://www.mhc.tn.gov.in/judis/
W.A.No.4 of 2021
3. From the above, it is clear that the learned Single Judge
is right in holding that the Government Order passed in
G.O.Ms.No.54, Department of School Education (Govt. Exams),
dated 09.06.2020 has got no application to the case of the
appellant's son indicating that the appellant's son, who wrote the
examination once again but failed. There is no question of
attendance that will apply to the case of the appellant's son.
Therefore, looking from any perspective, we are not in a position to
hold the case against the appellant's son.
4. Accordingly, the writ appeal stands dismissed. No costs.
(M.M.S., J.) (R.N.M., J.)
19.04.2021
Internet : Yes/No
ssm
To:
1.The Principal Secretary to Government,
School Education Department,
Government of Tamil Nadu,
Secretariat, Chennai - 9.
2.The Director of School Education,
Directorate of School Education, Chennai - 6.
3.The Director of Government Examinations,
Directorate of Government Examinations,
Chennai - 6.
4.The Member Secretary,
State Board of School Examinations (Hr. Sec.),
Chennai - 6.
https://www.mhc.tn.gov.in/judis/
W.A.No.4 of 2021
M.M.SUNDRESH,J.
and
R.N.MANJULA,J.
(ssm)
W.A.No.4 of 2021
19.04.2021
https://www.mhc.tn.gov.in/judis/
