Gnanadeepa V (Minor) vs Directorate Of School Education
2023 Latest Caselaw 16047 Mad

Citation : 2023 Latest Caselaw 16047 Mad
Judgement Date : 11 December, 2023

Madras High Court

Gnanadeepa V (Minor) vs Directorate Of School Education on 11 December, 2023

Author: D.Bharatha Chakravarthy

Bench: Sanjay V.Gangapurwala, D.Bharatha Chakravarthy

                                                                                 W.A.No.1330 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 11.12.2023

                                                     CORAM :

                            THE HON'BLE MR.SANJAY V.GANGAPURWALA,
                                         CHIEF JUSTICE
                                              AND
                       THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                               W.A.No.1330 of 2023

                    Gnanadeepa V (Minor)
                    Represented by her father I.Vedhakkan
                    (Natural Guardian)                                .. Appellant
                                                      Versus
                    1. Directorate of School Education,
                       DPI Complex, College Road,
                       Nungambakkam,
                       Chennai - 600 006.

                    2. Chief Educational Officer office,
                       Panagal Building, 1st Floor, Saidapet,
                       Chennai - 600 015.
                       (Near Kalaignar Pon Vila Valaivu)

                    3. Tamil Nadu State Commission for
                       Protection of Child Rights,
                       183/1, EVR Periyar Salai,
                       Poonamalli High Road, Dasspuram,
                       Kilpauk, Chennai, Tamil Nadu - 600 010.

                    4. Infant Jesus Matriculation Higher Secondary School,
                       Manali New Town,
                       Chennai, Tamil Nadu - 600 103.

                    5. Kaviraja                           .. Respondents
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                    1/6
                                                                                  W.A.No.1330 of 2023


                    Prayer : Writ Appeal under Clause 15 of the Letters Patent to set aside the
                    impugned order, dated 15.06.2023 made in W.P.No.17685 of 2023 and
                    allow the Writ Appeal.
                                   For Appellant     : Mrs.Balamuki.S
                                                for M/s.R.Prabhakaran

                                   For Respondents : Mr.K.Karthik Jagannath,
                                               Government Advocate
                                               for RR-1 to 3

                                                    JUDGMENT

(Judgment made by the Hon'ble Chief Justice)

Heard Mrs.Balamuki.S, learned Counsel for Mr.R.Prabhakaran,

learned Counsel appearing on behalf of the appellant and Mr.K.Karthik

Jagannath, learned Government Advocate appearing on behalf of the

respondent Nos.1 to 3.

2. This Writ Appeal is filed against the order of the leaned Single

Judge in W.P.No.17685 of 2023, dated 15.06.2023. The appellant had filed

the Writ Petition seeking direction to the first respondent to re-evaluate the

10th Standard answer sheet of the appellant's daughter. It is the case of the

appellant that his daughter, who is a minor, was declared failed in Tamil

subject in the 10th Standard board exam with 21 marks out of 100. It is the

contention of the learned Counsel for the appellant that the fifth respondent

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had personal vengeance against his daughter because she rejected his

marriage proposal. The fifth respondent, on 06.04.2023, entered into the

exam hall and manipulated the invigilator by falsely claiming to be the son

of a Tamil teacher. The fifth respondent snatched the answer sheet of the

appellant's daughter without following the roll number in order and also

struck off the answer sheet. Hence, the appellant's daughter was not

awarded good marks. The learned Single Judge did not consider the said

aspect in its correct perspective.

3. There is no provision of re-evaluation. It further appears that the

appellant's daughter appeared for the paper of Tamil subject in the

supplementary exams held in the month of June, 2023. In the said exam

also, she failed securing only 19 marks. In the month of April, 2023, the

appellant's daughter secured 21 marks.

4. According to the appellant, the incident happened on 06.04.2023.

However, for the first time, the complaint seems to have been lodged on

27.05.2023, after the result is declared of the appellant's daughter having

failed in Tamil subject.

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5. The learned Single Judge has considered the aspect properly. No

case is made out for interference.

6. This Writ Appeal is disposed of. There will be no order as to costs.

Consequently, C.M.P.No.13074 of 2023 is closed.

                                                                 (S.V.G., CJ.)           (D.B.C., J.)
                                                                       11.12.2023
                    Index       : yes/no

Speaking order/Non-speaking order Neutral Citation : yes/no grs

1. The Directorate of School Education, DPI Complex, College Road, Nungambakkam, Chennai - 600 006.

2. The Chief Educational Officer Office, Panagal Building, 1st Floor, Saidapet, Chennai - 600 015.

(Near Kalaignar Pon Vila Valaivu)

3. The Tamil Nadu State Commission for Protection of Child Rights, 183/1, EVR Periyar Salai, Poonamalli High Road, Dasspuram, Kilpauk, Chennai, Tamil Nadu - 600 010.

https://www.mhc.tn.gov.in/judis

4. The Public Prosecutor, High Court of Madras.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

grs

https://www.mhc.tn.gov.in/judis

11.12.2023

https://www.mhc.tn.gov.in/judis