Madras High Court
B.Ramkumar Adityan vs Principal Secretary on 1 March, 2023
WP (MD) No.3807 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
WP (MD) No.3807 of 2023
B.Ramkumar Adityan ... Petitioner
versus
1.Principal Secretary,
Department of School Education,
Government of Tamil Nadu,
Secretariat, Chennai 600 009
2.Commissioner of School Education,
Directorate of School Education, DPI Complex,
College Road, Chennai 6
3.Secretary,
State Board of School Examinations,
College Road, Chennai 6 ... Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India praying for a
Writ of Mandamus directing the respondents to withdraw marksheet issued to
class X of the 2020-21 batch students without any marks and issue fresh mark
sheet to all the students of Class 10 of 2020-21 batch students with marks as
requested in the representation dated 02.01.2023 of the petitioner in the interest
and future of students.
For the Petitioner : Mr.Sankar Shanmugham
For the Respondents : Ms.R.Anitha,
Page 1 of 4
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WP (MD) No.3807 of 2023
Special Government Pleader,
for respondents 1 to 3
ORDER
(Made by the Hon'ble Acting Chief Justice)
This writ petition has been filed praying for a Writ of Mandamus directing
the respondents to withdraw the mark sheet issued to class X of the 2020-21
batch students without any marks and issue fresh mark sheet to all the students of
Class X of 2020-21 batch students with marks, as requested in the representation
dated 02.01.2023 of the petitioner, in the interest and future of students.
2. Learned Advocate-General, appearing for the respondents submitted
that the present writ petition ought not to have been filed since the issue has
already been considered and negatived by this Court in the judgment in WA
No.955 of 2022 (Nakshatra Bind vs. Principal Secretary, Education
Department and others) dated 26.04.2022, wherein this Court has clearly held
that 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. This
Court has also specifically held that submission of learned counsel for the
petitioner cannot be accepted for the reason that CBSE is a different examination
Board and 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. The Court observed that it is not only
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WP (MD) No.3807 of 2023
the State of Tamil Nadu but many States have taken similar decision not to insist
the students to appear in the examination during the course of Covid-19
pandemic. Therefore, when the petitioner's plea has already been considered and
rejected by the Division Bench of this Court, this writ petition, filed for similar
prayer is misconceived.
3. The writ petition fails and the same is dismissed. There will be no order
as to costs.
(T.R., ACJ.) (D.B.C., J.)
01.03.2023
Index : Yes/No
Neutral Citation : Yes/No
tar
To
1.The Principal Secretary,
Department of School Education,
Government of Tamil Nadu,
Secretariat, Chennai 600 009
2.The Commissioner of School Education,
Directorate of School Education, DPI Complex,
College Road, Chennai 6
3.The Secretary,
State Board of School Examinations,
College Road, Chennai 6
https://www.mhc.tn.gov.in/judis
WP (MD) No.3807 of 2023
T.RAJA, ACJ,
and
D.BHARATHA CHAKRAVARTHY, J.
(tar)
WP (MD) No.3807 of 2023
01.03.2023
https://www.mhc.tn.gov.in/judis
