MINOR V.VISHAL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents 1 to 4 herein to award one mark to the petitioner for Question No.6 of Part II Biology Examination and consequently direct the fifth respondent to revise the petitioner's rank for admission to the M.B.B.S. course and admit him in the appropriate college as per the revised rank.

(2.) THE petitioner has appeared for Higher Secondary Examination held in March, 2012 and he has secured 1154 marks out of 1,200 marks. As he was awarded 199 marks out of 200 marks in Biology, he applied for answer paper and on verifying the same, he found that the answer given by him for question No.6 was found wrong. According to him, the question and the key answer is given as follows:

(3.) IN reply to the petitioner, the respondents have filed a detailed counter stating that the question itself is taken from the Zoology text book page No.170. It is under the heading Non-Contagious Diseases and it comes under the subtitle Precaution and First Aid for Milk Fever. They would mainly contend that the feeding jaggery along with lime water in the context of the text book is used in common for Precaution and First Aid for Milk Fever which is given in page 170 and this statement is not repeated anywhere under any subtitle. They would further contend that the petitioner conveniently not brought to the notice of this Court that feeding jaggery along with lime water (emphasis supplied) is related only with Milk Fever and not with Constipation. Whereas, the statement plenty of drinking water with jaggery or salt is related to constipation. Therefore, the key word "lime" water relates only with Milk Fever not at all relates to constipation. Therefore, the writ petition has been filed for mandamus without mentioning "lime water" when it is available in the statement of the question itself.