Madras High Court
Nakshatra Bind A.K. vs The State Of Tamilnadu on 26 April, 2022
W.A.No.955 of 2022
and W.P.No.8622 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.955 of 2022 and
W.P.No.8622 of 2022
Nakshatra Bind A.K., minor aged 17 years,
Rep. by her mother and natural guardian,
Mrs.Dhanya. .. Appellant in both WA
& WP.
vs
1. The State of Tamilnadu,
rep. by Principal Secretary to Government,
Education Department, Fort St. George,
Chennai 600 009.
2. The Director of School Education,
College Road, Chennai 600 006.
3. The State Board of School Education,
Tamilnadu, Rep. by its Member Secretary,
Chennai 600 006.
4. The Department of Government Examinations,
Chennai 600 006.
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W.A.No.955 of 2022
and W.P.No.8622 of 2022
5. M/s.Everwin Matric Higher Secondary School,
Rep. by its Correspondent/Secretary,
Kolathur, Chennai 600 099. .. Respondents in both
WA & WP.
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 19.01.2022 passed in W.P.No.20204 of 2021 on the file of
this Court; Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Declaration to declare GO (2D) No.15
dated 26.7.2021 on the file of the first respondent as illegal, arbitrary
and to struck off the same.
For the Appellant/
Petitioner : Mr.R.Selvakumar
For the Respondents : Mr.P.Muthukumar
State Govt. Pleader
assisted by Mr.K.M.D.Muhilan,
Govt. Advocate for RR 1 to 4.
*****
JUDGMENT
(Judgment of the Court was delivered by
the Hon'ble Chief Justice)
By the writ appeal, challenge is made to the judgment dated
19.01.2022 whereby the prayer made by the petitioner writ
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W.A.No.955 of 2022
and W.P.No.8622 of 2022
appellant to issue secondary school mark sheet in order to get
admission to the higher class in the State of Kerala. By the writ
petition, challenge is made to the G.O. (2D) Nos.15 and 48
pursuant to which all the students were issued mark sheets
declaring them to have passed in all subjects without giving marks.
2. The learned counsel for the writ appellant submits that
initially, the State of Tamil Nadu issued G.O.Ms.No.48, dated
25.02.2021 declaring all the students to have qualified the
secondary school examination with the arrangement that further
course of action in that regard would be determined subsequently.
But, by a subsequent G.O. bearing G.O. (2D) No.15, dated
26.07.2021, a decision was taken to issue a mark sheet declaring
the students to have passed without awarding of the marks. The
aforesaid has caused difficulty to the writ appellant to get admission
in the State of Kerala where the school authorities are insisting for
furnishing the mark sheet of secondary class so as to give
admission to the writ appellant. The petitioner writ appellant
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https://www.mhc.tn.gov.in/judis
W.A.No.955 of 2022
and W.P.No.8622 of 2022
approached the Kerala High Court where a detailed order has been
passed and by virtue of it, the petitioner writ appellant could get
admission in the higher class based on the certificate produced by
him.
3. The writ petition herein has been filed challenging the
subsequent G.O. to seek direction on the State of Tamil Nadu to
award marks for the secondary class despite the fact that no
examination was conducted for the secondary class in the relevant
period due to Covid-19 pandemic. The direction has been sought
for the personal inconvenience of the petitioner, though it has
already been redressed by the Kerala High Court with the issuance
of the direction for admission of the petitioner. The challenge to the
G.Os. was not accepted by the learned Single Judge finding them to
be a policy decision of the Government to declare every candidate
for having passed in the secondary examination for the relevant
year.
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W.A.No.955 of 2022
and W.P.No.8622 of 2022
4. The submission of the learned counsel for the petitioner
writ appellant that award of marks as has been decided by CBSE
cannot be accepted. The CBSE is a different examination Board and
otherwise, their decision cannot mandate the State Government to
change its policy decision and more specifically to award the marks
without an examination which otherwise would not be appropriate.
It is not only the State of Tamil Nadu but many States have taken
the similar decision not to insist the students to appear in the
examination during the course of Covid-19 pandemic and to be
declared to have passed the examination without award of marks
and consequently thereupon, marksheet was issued to declare them
as passed without award of marks. The State of Tamil Nadu has
taken the decision of similar nature and we do not find any illegality
in the policy decision of the State Government so as to cause
interference in the impugned G.Os. Marks can be awarded in case of
examination where performance of student is assessed but cannot
be in a case where no examination was conducted.
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W.A.No.955 of 2022
and W.P.No.8622 of 2022
5. In view of the above and finding no error in the judgment
of the learned Single Judge, the writ appeal as also the writ petition
are dismissed. No costs.
An oral prayer has been made by the learned counsel for the
writ appellant to grant leave to appeal. We do not find any legal
issue of such nature, involved where a leave of the nature prayed
by the learned counsel for the writ appellant can be granted.
Accordingly, the oral prayer is declined and rejected.
(M.N.B., CJ.) (D.B.C., J.)
26.04.2022
Index : Yes/No
sra
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https://www.mhc.tn.gov.in/judis
W.A.No.955 of 2022
and W.P.No.8622 of 2022
To:
1. The Principal Secretary to Government of Tamilnadu,
Education Department, Fort St. George,
Chennai 600 009.
2. The Director of School Education,
College Road, Chennai 600 006.
3. The Member Secretary,
State Board of School Education,
Tamilnadu, Chennai 600 006.
4. The Department of Government Examinations,
Chennai 600 006.
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https://www.mhc.tn.gov.in/judis
W.A.No.955 of 2022
and W.P.No.8622 of 2022
M.N.Bhandari, CJ.
and
D.Bharatha Chakravarthy, J.
(sra)
W.A.No.955 of 2022
and W.P.No.8622 of 2022
26.04.2022
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