Miss. N. Nalini v. The Director of Examinations, Chennai and others
2000-06-12
A.RAMAN
body2000
DigiLaw.ai
ORDER: The petitioner herein appeared for Higher Secondary Course Certificate Examination held in March, 1999. The petitioner secured a total marks of 970 out of 1200. Since the petitioner desired to appear for Medical Entrance Examination, she wanted to apply for improvement examination in Mathematics, Chemistry and Biology. As required by the Department of School Education, the petitioner submitted an application for improvement examination, on 11.1.2000 and paid the requisite fee of Rs.167 for the examination to be conducted in March, 2000, for the three subjects viz., Mathematics, Chemistry and Biology. The application was sent by the petitioner through Registered Post with acknowledgment due. The other candidates appearing for the examination had all received their Hall Tickets, whereas the petitioner’s Hall Ticket was not sent at all. The petitioner became desperate at that and made enquiries at the Tanjore Post Office, from where she sent the application for improvement examination under Registered Post. Unfortunately, the Postal Department, out of sheer negligence and carelessness had delivered the said ‘tapal’ to the Tamil Nadu Uniform Services Recruitment Board viz., the 3rd respondent herein. The petitioner preferred necessary complaint to the postal authorities, complaining about the wrong delivery and pointing out that as a result of such negligence and carelessness, her future had been affected. As there was a delay on account of the negligence on the part of the Postal Department, the petitioner approached respondents 1 and 2 in person, who after obtaining a duplicate application and assigning Registration No.956158 B for March, 2000, Higher Secondary Improvement Examination in respect of the subjects Mathematics, Chemistry and Biology, permitted the petitioner to appear for the examination. Accordingly, the petitioner appeared for Chemistry, Mathematics and Biology examinations on 16th, 20th and 23rd March, 2000 and secured good marks in those subjects. The application form submitted by the petitioner has not been delivered to the respondents 1 and 2. Respondents 3 and 4 have been thus been negligent and have failed to perform their duties properly, with the result that the petitioner’s valuable rights have been affected. The loss caused to the petitioner cannot be compensated in terms of money. The application form for the professional courses will be released shortly and if the petitioner is not furnished with the certificate for improved marks, she will not be considered eligible for admission.
The loss caused to the petitioner cannot be compensated in terms of money. The application form for the professional courses will be released shortly and if the petitioner is not furnished with the certificate for improved marks, she will not be considered eligible for admission. The petitioner has done what all that is expected of her, and has taken all steps to see that her application form is traced. The petitioner is willing to give undertaking to respondents 1 and 2 and furnish necessary indemnity as required by them and also pay necessary fees. The petitioner therefore prays for a direction to respondents 3 and 4 to deliver, to the 2nd respondent the registered mail despatched from Thanjavur Head Post Office bearing No.2201, dated 11.1.2000, and in the event of the respondents 3 and 4 not able to perform the same, for necessary direction to respondents 1 and 2 to release the petitioner’s marks Certificate for the improvement examination in respect of Register No.956158 B assigned to the petitioner in respect of three subjects viz., Chemistry, Mathematics and Biology. It is further prayed by the petitioner that the respondents 1 and 2 may be directed to furnish provisional marklist to the petitioner. 2. This writ petition was admitted on 27.4.2000. At the request of the counsel for the petitioners, considering the urgency of the matter, the matter was taken up on 9.6.2000. 3. Learned Government Advocate Miss.Selvi submitted that a procedure has been prescribed for furnishing mark certificate or provisional certificate. If the petitioner is allowed to have the relief asked for, then everyone would knock at the doors of this Court with trivial reasons and the authorities will have no opportunity to test whether the request is genuine or not and it would encourage bogus persons to apply under the pretext that the application sent by them has been lost in postal transit. Therefore, the learned Government Advocate would submit that the petitioner may be directed to apply according to the procedure and if the authorities are satisfied, they will definitely issue mark list or the provisional certificate as the case may be. 4. It is no doubt true that a procedure has been prescribed for obtaining a mark sheet or a certified copy of provisional certificate.
4. It is no doubt true that a procedure has been prescribed for obtaining a mark sheet or a certified copy of provisional certificate. As rightly pointed out by the learned counsel for the petitioner, in normal circumstances, the petitioner would only choose to follow the procedure and apply according to the Rules, paying necessary fees and furnishing such certificates from the authorities as are required. But, this process would definitely take some time. Even according to the learned Government Advocate, it will take not less than two months for them to comply with the request of the petitioner, if an application in accordance with the procedure is submitted by the petitioner, seeking the mark list. But, this is a case, where the petitioner cannot be blamed. 5. Here, the petitioner had passed the examination for Higher Secondary Certificate Course held in March, 1999 and from the xerox copy of the Higher Secondary Course Certificate, we find that the petitioner had obtained 970 marks out of 1200. She appeared for the said examination as a student of Girl’s Christian Higher Secondary School, Thanjavur, under Register No. 708196. Since the petitioner wanted to appear for Medical Entrance Examination, she felt that the marks obtained by her cannot be sufficient. Therefore, she sacrificed one year of her career and waited to take improvement examination. She sent an application in accordance with the procedure for the improvement examination, and the same was registered at the Tanjore Head Post Office, on 11.1.2000. The necessary postal receipt is also enclosed. The petitioner has obtained the delivery slip maintained by the postal Department. It mentions that the Registered Letter bearing No.2201 was delivered. Unfortunately, it was not delivered to respondents 1 and 2, but to Tamil Nadu Uniform Services Recruitment Board, Indira Nagar, Chennai. The 3rd respondent viz., The Tamil Nadu Uniform Services Recruitment Board have nothing to do in this matter. It is the sheer negligence on the part of the Postal authorities in delivering a letter addressed to respondents 1 and 2 to a different person. A negligent act of the Postal Department has thus brought about a piquant situation for the petitioner. The future of a girl student thus hangs in balance, thanks to the efficiency of our postal service. 6. In the circumstances, we cannot blame the petitioner. She complied with the Rules and Procedure.
A negligent act of the Postal Department has thus brought about a piquant situation for the petitioner. The future of a girl student thus hangs in balance, thanks to the efficiency of our postal service. 6. In the circumstances, we cannot blame the petitioner. She complied with the Rules and Procedure. Who would have expected the Postal Department to commit such a bloomer? Convinced of the plight of the petitioner, the respondents 1 and 2 have permitted the petitioner to take the improvement examination on Mathematics, Chemistry and Biology, by issuing duplicate application form and assigning Register No. 956158B. 7. The petitioner has now appeared for the examination and she has been permitted to sit for the improvement examination. While so, is it not just and equitable that the petitioner be permitted to have the mark list or provisional certificate? It is the justifiable aspiration of a person to choose a career of his own. The petitioner wants to apply for medical course. It is needless to say that without mark list she cannot apply for professional courses. When a student wants to go for higher studies or professional courses, and is placed in such a piquant situation as the petitioner is, it is only the Court that can step in to help them. Every opportunity should be given to a student to pursue his studies. By throwing Rule Book at them, one not only stifles their aspirations, but makes their future a dark endless void. The authorities have to take a practical view of the situation and help the students to improve themselves by pursuing the studies and the courses, they want. 8. Considering the circumstances of the case, I am of the view that it is a fit case, where the Court must step in to help the petitioner and extricate her from the piquant situation in which she finds herself owing to no fault of her’s. Therefore, I am satisfied that it is a fit case, where this Court has to exercise its jurisdiction under Art.226 to offer the relief to the petitioner. 9.
9. In the result, the writ petition is allowed and a direction is issued to the respondents 1 and 2 to release the petitioner’s Provisional Certificate or Mark List as the case may be, for the improvement examination taken by the petitioner on Mathematics, Chemistry and Biology under Register No. 956158B immediately, to enable the petitioner apply for the professional courses, subject to payment of any fee. Consequently, the connected W.M.P. will stand dismissed.