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2013 DIGILAW 357 (MAD)

R. Pavul v. Director Government Examinations

2013-01-11

K.RAVICHANDRA BAABU

body2013
Judgment :- 1. The prayer in this writ petition is seeking for a mandamus, directing the respondents 1 and 2 to release the entire marks obtained by the petitioner for the examination held in the month of May 1993 to the Diploma of Teacher Education. 2. The case of the petitioner is that he appeared for SSLC public examination in the month of March 1996 and secured 281 marks out of 500 marks. Further, he appeared in Higher Secondary Course Examination and secured 556 marks, out of 1200 marks. Though, the petitioner could not secure the pass marks in the subject English and Chemistry, latter he passed the subject Chemistry in the month of March 1989 and the subject English in the month of March 1990 by securing 75 marks out of 200 marks. The petitioner was admitted into the fourth respondent Institution for the Diploma course, during the academic year 1992 to 1994. The petitioner appeared in the examination and secured first class with registration No.44097. The first respondent, however, did not release the marks obtained by the petitioner for the examination conducted in the month of May 1984. Subsequently, the petitioner joined service as Secondary Grade Teacher in a permanent vacancy. He also obtained a decree of Bachelor of Literature in Tamil in the month of May 2004 and Bachelor of Education from the Tamil Nadu Teachers Education University examination held in the month of June 2009. The marks obtained by him in the first year examination conducted by the respondents 1 and 2 in the month of May 1994 had not been released, even though the mark obtained from the second year teacher course was released to the petitioner. Therefore, the present writ petition is filed before this court. 3. No counter affidavit is filed by the respondents and however, the learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that the petitioner's marks for the first year could not be released, only because his admission at the fourth respondent Institution to the said Diploma course was against the prescribed qualification of 50% marks in the +2 examination. 4. Heard the learned counsels appearing for the respective parties. 5. It is not disputed that the petitioner had successfully completed the said diploma course and obtained first class. 4. Heard the learned counsels appearing for the respective parties. 5. It is not disputed that the petitioner had successfully completed the said diploma course and obtained first class. It is also not in dispute that the petitioner was given Diploma Certificate by the first respondent through certificate serial No.44097, dated 17.08.1994. It is also admitted that the marks in respect of the second year of the said diploma course were also released to the petitioner. The petitioner in pursuant to the said certificate issued by the first respondent also joined service and further equipped himself with Bachelor of Literature in Tamil and B.Ed. Degree course in the year 2004 and 2009 respectively. It is also not the case of the respondents 1 to 3 that the petitioner results were withheld and on the other hand, they have issued certificate to the petitioner and also released the second year marks. Only the first year marks of the petitioner were not released and the reason stated by the learned Additional Government Pleader is that the very admission of the petitioner in the fourth respondent Institution was against the basis of percentage of marks required in the +2 examination. On the other hand, the fact remains that the diploma certificate was issued and his results were published and thereafter, the petitioner also joined service and further qualified himself with a B.Ed. degree. In such circumstances, the respondents 1 to 3 are not justified in retaining the marks for the first year. 6. Therefore, considering all these facts and circumstances of the case, I only direct the first respondent to release the marks obtained by the petitioner for the first year diploma course, within a period of three weeks from the date of receipt of a copy of this order. 7. The writ petition is disposed of accordingly. No costs.