Madras High Court
Unknown vs State Of Tamil Nadu on 12 June, 2023
W.P(MD)No.8528 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.8528 of 2017 and
WMP(MD) No.6500 of 2017
1.A.Bharatha Vaishnavi (Minor),
Through her Mother and Guardian,
A.Premalatha.
2.R.Mahalakshmi (Minor),
Through her Mother and Guardian,
R.Selvi.
3.K.S.Santhoshi (Minor),
Through her Father and Guardian,
K.S.Srinivasan.
4.N.Tharani (Minor),
Through her Father and Guardian,
BA.Navasakthi.
5.J.Mubin Mutajbegam (Minor),
Through her Mother and Guardian,
J.Janndul Berthous.
6.M.S.Nandhini(Minor),
Through her Father and Guardian,
M.S.Subramanian.
1/8
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W.P(MD)No.8528 of 2017
7.V.Mithuna(Minor),
Through her Father and Guardian,
M.Vaikundam
8.P.Soundhariya (Minor),
Through her Father and Guardian,
J.Pandi Saravanan.
9.M.Swathisarana (Minor),
Through her Mother and Guardian,
K.Jothirani
10.S.Rithik (Minor),
Through his Mother and Guardian,
S.Indumathy.
11.K.Shivi Dharshini (Minor),
Through her Father and Guardian,
K.Kathirvel.
12.A.Mohammed Fazil (Minor),
Through her Father and Guardian,
M.Aniba.
13.S.Varun Prakash Raj (Minor),
Through her Father and Guardian,
A.Sundarraj.
14.G.Jyothika (Minor),
Through her Father and Guardian,
V.Govindan.
15.J.Jaicey Cathorine (Minor),
Through her Grand Father and Guardian,
A.Francis.
2/8
https://www.mhc.tn.gov.in/judis
W.P(MD)No.8528 of 2017
16.G.Vanmathi (Minor),
Through her Father and Guardian,
G.Gnanagurusamy.
17.V.P.Thillai Mageshwari (Minor),
Through her Father and Guardian,
M.Velmurugan.
18.R.Harsini (Minor),
Through her Mother and Guardian,
R.Bama. ...Petitioners
Vs.
1.State of Tamil Nadu,
Rep by its Principal Secretary to the Government,
Department of School Education,
Fort St.George,
Secretariat,
Chennai – 9.
2.The Director of Examinations,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
O/o the Chief Educational Officer,
Madurai.
4.The District Educational Officer,
O/o the District Educational Officer,
Melur,
Madurai District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
3/8
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W.P(MD)No.8528 of 2017
of India, praying this Court to issue a Writ of Mandamus, directing
the respondents to award one mark to the question No.14 in A
Type/question No.16 in B Type in the Biology (Part II Zoology)
Subject in the Higher Secondary Examinations, March 2017, within
the time period stipulated by this Court.
For Petitioners : Mr.S.Rajasekar
For Respondents : Mr.P.T.Thiraviam
Government Advocate
ORDER
This writ petition was filed by the minor petitioners,
who are eighteen in numbers, through their natural guardians for a
Mandamus, seeking a direction to the respondents to award one
mark to the petitioners for the question No.14 in A Type/question
No.16 in B Type in the Biology (Part II Zoology) Subject in the
Higher Secondary Examinations conducted in March 2017.
2.The case of the petitioners is that the petitioners have
appeared for the Higher Secondary Examination conducted by the
respondent Board in the month of March 2017 and in the said
examination, question No.14 in A Type/question No.16 in B Type in
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W.P(MD)No.8528 of 2017
the Biology (Part II Zoology) Subject are identical questions. The
question was an objective one and that question reads as follows:-
''In a new born child, the water content is______of body weight''.
The answer given for the above question in the text book is 85% to
90%. However, the said correct answer was not provided in the
question paper. The correct answer fixed by the Board for the given
question at the time of valuation was Option A. However, answer A
as well as D are close to the correct answer i.e 85% to 90%.
According to the petitioners, question paper has not been properly
prepared and therefore, they approached this Court seeking for one
mark for the question No.14 in A Type/question No.16 in B Type in
the Biology (Part II Zoology) Subject.
3.The learned Government Advocate appearing for the
respondents on instructions fairly submits that the issue has already
been decided by the Division Bench of this Court in WA No. 565 of
2017, wherein, this Court has held as follows:-
“'9.A perusal of the documents filed in the typed set
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W.P(MD)No.8528 of 2017
of papers reveals that as per the text book, the
correct answer is 85% to 90%. Such being the case,
apart from option (a) 80-90%, even option (d) –
80-95% is also the nearest option. Therefore, in our
considered view that there is ambiguity as answer.
The writ petitioner cannot certainly be penalised for
the same. However, in our considered opinion, one
mark has to be awarded to a candidate, who has
selected even wrong option though not the nearest
in view of the opinion of the Key Answer
Preparation Committee on this issue.
10.We make it easy to the State to award one mark
for the said question uniformly to all those who
applied for revaluation invariably without expecting
nearest answer to be marked.”
4. The above Judgment is squarely applicable to the
present case and the petitioners are also entitled for one mark for the
question No.14 in A Type/question No.16 in B Type in the Biology
(Part II Zoology) Subject in the Higher Secondary Examinations,
held on March 2017.
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W.P(MD)No.8528 of 2017
5.Accordingly, this writ petition is allowed. No Costs.
Consequently, connected Miscellaneous Petition is closed.
12.06.2023
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
vrn
To
1.The Principal Secretary to the Government,S
Department of School Education,
Fort St.George,
Secretariat,
Chennai – 9.
2.The Director of Examinations,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
O/o the Chief Educational Officer,
Madurai.
4.The District Educational Officer,
O/o the District Educational Officer,
Melur,
Madurai District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.8528 of 2017
B.PUGALENDHI, J.
vrn
Order made in
W.P(MD)No.8528 of 2017 and
WMP(MD) No.6500 of 2017
12.06.2023
https://www.mhc.tn.gov.in/judis
