NAKSHATRA BIND A.K Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) By the writ appeal, challenge is made to the judgment dtd. 19/1/2022 whereby the prayer made by the petitioner writ appellant to issue secondary school mark sheet in order to get admission to the higher class in the State of Kerala. By the writ petition, challenge is made to the G.O. (2D) Nos.15 and 48 pursuant to which all the students were issued mark sheets declaring them to have passed in all subjects without giving marks.

(2.) The learned counsel for the writ appellant submits that initially, the State of Tamil Nadu issued G.O.Ms.No.48, dtd. 25/2/2021 declaring all the students to have qualified the secondary school examination with the arrangement that further course of action in that regard would be determined subsequently. But, by a subsequent G.O. bearing G.O. (2D) No.15, dtd. 26/7/2021, a decision was taken to issue a mark sheet declaring the students to have passed without awarding of the marks. The aforesaid has caused difficulty to the writ appellant to get admission in the State of Kerala where the school authorities are insisting for furnishing the mark sheet of secondary class so as to give admission to the writ appellant. The petitioner writ appellant approached the Kerala High Court where a detailed order has been passed and by virtue of it, the petitioner writ appellant could get admission in the higher class based on the certificate produced by him.

(3.) The writ petition herein has been filed challenging the subsequent G.O. to seek direction on the State of Tamil Nadu to award marks for the secondary class despite the fact that no examination was conducted for the secondary class in the relevant period due to Covid-19 pandemic. The direction has been sought for the personal inconvenience of the petitioner, though it has already been redressed by the Kerala High Court with the issuance of the direction for admission of the petitioner. The challenge to the G.Os. was not accepted by the learned Single Judge finding them to be a policy decision of the Government to declare every candidate for having passed in the secondary examination for the relevant year.