SATHYANARAYANA G Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) BY consent of both parties, the main writ petition itself is taken up for final disposal.

(2.) THE petitioner has approached this Court to issue a writ of mandamus directing the Director of Government Examinations, Chennai 6, second respondent herein to return the original Higher Secondary Course Certificate (mark sheet) of the petitioner for March, 2002 under Registration No. 880449 to him.

(3.) THE case of the petitioner is briefly stated hereunder: the petitioner appeared for +2 examination conducted by the second respondent in March, 2002 and got through the examination and secured the <FRM>JUDGEMENT_1089_TLMAD0_2003Html1.htm</FRM> out of 200 in each subject under Registration No. 880449. Subsequently, he appeared for the Professional Course Entrance Examination conducted by the Anna University and secured the following marks in the entrance examination. <FRM>JUDGEMENT_1089_TLMAD0_2003Html2.htm</FRM> Finding that, he could secure more marks in the qualifying subjects for Professional Courses, he opted for writing improvement examination in +2 and wrote the +2 improvement examination in March, 2003 under Registration No. 903169 and also appeared for the Entrance Examination for Professional Courses conducted by the Anna University. Along with the application for improvement examination, he was given written instruction prescribing the conditions and fees for writing improvement examination for +2. Though he wrote Tamil, English, Physics, Mathematics, due to fever, he could not write Chemistry and Biology and the mark certificate issued by the second respondent reveals about his absence for the subject Chemistry and Biology. In view of his absence for two examinations, he was not eligible to pursue higher studies in professional courses on the basis of the improvement examination, though he was qualified to apply for professional courses, on the basis of his academic marks obtained in March,2002 under registration No. 880449 and entrance marks. As per G. O. 142 dated 12. 09. 2001, issued by the first respondent, though it stipulates the marks obtained in the improvement examination alone should be taken into account for higher studies, it also stipulates that only when the student writes all the six subjects, the marks obtained in the improvement examination alone should be taken into account. In view of his absence for two examinations, it cannot be construed that he had opted fully the improvement examination conducted for +2 in March, 2003 and consequently the marks obtained by him in March +2 examination in registration No. 880449 stands. In view of the precarious situation, he applied for professional course in Anna University for Engineering course on the basis of his academic marks obtained in March,2002 and entrance marks. At the time of counselling, since he has to enclose the original mark certificate, which he had enclosed along with improvement examination application with the second respondent, he requested the second respondent to return the said original mark certificate on 27. 05. 2003, but the second respondent had declined to return the same. In the absence of his original Higher Secondary Certificate of March,2002 under Registration No. 880499, he cannot join the professional course for this year, namely 2003-2004. The oral refusal made by the second respondent is arbitrary and illegal, hence the present writ petition.