THARINIPRIYA C R Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) WRIT Petition is filed praying to issue a WRIT of Declaration declaring that the revised marks certificate in Sl.No.HSG.5404053, TMR Code No.G991039 dated 25.6.2010 issued by the second respondent without giving due importance or weightage or awarding marks to the answers given/written by the petitioner as in the text with respect to Biology and Physics papers is arbitrary, unreasonable, illegal, void and unsustainable in law and consequently direct the respondents to reevaluate the answer sheets of the petitioner's Biology and Physics papers based on the answers given in the text and award marks for such answers given/written by the petitioner as in the text book and issue revised mark sheet.

(2.) AT the outset the relief sought for by the writ petitioner cannot be granted in view of the decision of the Apex Court in Secy.,W.B.Council of Higher Secondary Education - vs. - Ayan Das and others reported in (2007)8 Supreme Court Cases 242. The question of going into the merits of the answer given by the petitioner by comparing the same with the text book, cannot be considered. The review of the reevaluated answer sheet will be beyond the domain of Court and the Court will not sit in judgment over the valued answer sheets. Further, this will lead to a situation whereby valuation in respect of answer papers of each and every candidate who entertains a doubt will be subjected to challenge before the Court for reevaluation based on text book. This is not the role of the Court and it lacks competence, and will, therefore, desist from doing so. The exercise of further reevaluation based on the text book is not the role of the Court. Therefore, the plea as above is negatived.

(3.) THE plea taken by the learned counsel for the petitioner is that the answers written by the student in respect of Question No.22 of Bio-Botany and Question No.36 of Bio-Zoology and few other questions in Physics are as per the text book and the key answer. THE valuer and revaluer did not give marks though the answer is complete. THE omission to give marks to a part of the answer is the defect pointed out.