S. Mohaideen Kasim v. Director of School Education
2016-03-01
PUSHPA SATHYANARAYANA
body2016
DigiLaw.ai
ORDER : 1. This writ petition is filed by a father of a student by name D.M. Ashik Mohamed studying in 10th standard. The petitioner's son had studied 1st standard to 9th standard in Rose Mary Matriculation Higher Secondary School, Palayamkottai and for 10th standard, he has joined in the 5th respondent school, as the 5th respondent school is situated close to his residence. He is a brilliant student having awarded with? Ignite Awards - 2015? For his innovative project namely? Bluetooth Enabled Arduino Technology Vehicle? He is also said to have participated in Indian Talent? National Science Indian Talent? Examination. The same would go to show that the said student is doing well in curricular and extra-curricular activities. The public examination for 10th standard is scheduled to be started in the month of March, but the 5th respondent school is said to have omitted the name of the petitioner's son from the list of candidates taking up the public examinations. As the name of the petitioner's son is omitted, no hall-ticket was sent to him. The reason assumed by the petitioner is that the school had apprehended that his son would not perform well in the public examinations. Immediately, on knowing the said fact, the petitioner had approached this Court to include the name of his son and permit him to sit for 10th standard public examinations. The 5th respondent is also said to have rejected his request. Therefore, on 19.02.2016 a representation was sent by the petitioner to the 4th respondent to permit him to write the examinations, but there was no response. 2. The case of the petitioner is that his son attended the school till 19.02.2016 and he has also paid all the fees due to the 5th respondent school and also has sufficient attendance. Therefore, his submission is that there is no valid reason for the respondents to deny the opportunity to his son to sit for the 10th standard examination which is deemed to be a milestone in the life of a student. The only apprehension expressed in the affidavit is that if the student viz. the petitioner's son allowed to sit for examinations, he may not clear the same. Therefore, the writ petition is filed seeking a direction to the respondents to permit the petitioner's son to sit for 10th standard theory and practical examinations. 3.
The only apprehension expressed in the affidavit is that if the student viz. the petitioner's son allowed to sit for examinations, he may not clear the same. Therefore, the writ petition is filed seeking a direction to the respondents to permit the petitioner's son to sit for 10th standard theory and practical examinations. 3. After notice, a counter affidavit has been filed by the 5th respondent. The 5th respondent the Principal of the school has stated that the petitioner's son - D.M. Ashik Mohamed is not mentally alright and his behaviour was abnormal and the school had admitted the petitioner's son only considering his case sympathetically. It is the case of the 5th respondent that the mental illness of the petitioner's son was not disclosed by the writ petitioner at the time of admission. However, it is admitted by the 5th respondent that the petitioner's son was awarded with? Ignite Awards-2015? And he had also taken part in National Science Indian Talent examination. When a student is competing in the national level not on any arts or fine arts, but on science talent, his academic brilliance and thirst for research has to be accepted. Though the fifth respondent has stated that the petitioner's son is mentally ill and behaved abnormal some times, he has not given any specific incidents mentioning that it was disturbing the regular conduct of the school or even disturbing the other students. The 5th respondent has stated that the petitioner's son has to be subjected to medical examination. There is no material to show that a student of a vulnerable age has to be referred to Medical Board without any basis. The fifth respondent has further stated that the student had not paid examination fee to sit for the public examination. The Principal of the school has further stated that unless the student gets fitness certificate from the Medical Board that he can sit for examination, he cannot be allowed to sit for examinations, especially for practical examinations. Therefore, the first respondent sought for a dismissal of the writ petition. 4. Heard both sides. 5. It is very unfortunate that a school, where a student spends most of his time than at home, has branded a student as mentally unfit.
Therefore, the first respondent sought for a dismissal of the writ petition. 4. Heard both sides. 5. It is very unfortunate that a school, where a student spends most of his time than at home, has branded a student as mentally unfit. Though the student viz., the petitioner's son has been studying in the school for more than one year, the counter affidavit does not specify any abnormal behaviour of the said student or any incidents affecting the other children by the behaviour of that student. It is very well known that the students studying in 10th standard as well as in 12th standard are under pressure for scoring marks to find a place in the rat race. In addition, the students in 10th standard and 12th standard undergo tremendous pressure from their peers, parents and teachers driving them to go to depression. Continuous assessment tests, assignments, etc. also add to their woes in terms of performing well in the examination. Every student is experiencing this wilt under pressure. This may be one such case. During the course of argument, the learned counsel for the petitioner produced an answer sheet of the petitioner's son in the science examination conducted on 25.01.2016 wherein the petitioner's son was has scored 65 marks out of 100. If, as alleged by the 5th respondent, the petitioner's son is not mentally stable, he could not have taken up that examination. 6. The counsel who appeared for the 5th respondent also fairly stated at the end of his argument that if a direction is given by this Court, he would abide by the same. As it is stated that the practical examinations is on 2nd March, the student has to be immediately allowed to sit for examination. However, it is also mentioned that the examination fee has not been paid on his behalf. Mutually the blame is shifted on the petitioner as well as on the Principal. Though the petitioner contends that examination fee has been remitted to the school to be forwarded to the fourth respondent, he could not produce any receipt for the same. The 5th respondent also fairly admits that he has not paid the fees on behalf of the petitioner's son to the fourth respondent. 7.
Though the petitioner contends that examination fee has been remitted to the school to be forwarded to the fourth respondent, he could not produce any receipt for the same. The 5th respondent also fairly admits that he has not paid the fees on behalf of the petitioner's son to the fourth respondent. 7. The learned Additional Government Pleader has circulated a letter written by the Inspector of Matriculation school, who is the 4th respondent herein to the Joint Director, Directorate of Government Examination, Chennai, dated 24.02.2016 recommending the case of the petitioner's son. 8. In view of the above, this Court is inclined to pass the following directions:- (i) The petitioner, who is the father of the student by name D.M. Ashik Mohamed, is directed to remit fees, if any, due to the school and the examination fee payable to sit for 10th standard examinations on or before 03.03.2016. (ii) The 5th respondent is directed to receive the fees and remit the same without any delay to the Director of Government Examinations, Chennai, who is not a party to the proceedings, though a recommendation has already been addressed by the fourth respondent and the Director of Government Examinations is directed to issue the Hall Ticket of the student immediately. (iii) The respondents herein and the Director of Government Examinations shall permit the petitioner's son to sit for practical examinations at the next available slot on 02.03.2016, without insisting on the formalities. (iv) The respondents herein and the Director of Government Examinations shall permit the student to sit for 10th standard theory and practical examination. 9. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.