DIVYA Vs. SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION

JUDGEMENT

(1.) THE writ petitioner, who studied Plus 2 in Ewarts Matriculation Higher Secondary School, Chennai, in the examination held in March, 2009 secured 86.41% of marks as follows:

(2.) THE petitioner is physically disabled in her right hand and consequently, was unable to write the examinations in the normal speed. As per the report of the Medical Board of the Government General Hospital, Chennai -600 003, the petitioner was permitted to be given 30 minutes to one hour extra time than the allotted time taking note of her physical disability. She belongs to Scheduled Caste community and she studied with an aim of becoming a Doctor. She was given only 30 minutes extra time for writing all the examinations with the result she was able to secure only 86.41%. If only the petitioner was given one hour time as found by the Medical Board there was possibility for her to have obtained more marks making her eligible for competing for admission to MBBS Course. In the counselling for admission to the first year MBBS Course which took place from 6.7.2009 to 17.7.2009 she was allotted the registration number in A.R.No.6669 and there was no possibility for her to get admission in the first year MBBS Course for the academic year 2009 -2010.

(3.) A reference to the impugned order dated 12.8.2009 shows that while it is true that as per the Medical Board report the petitioner was entitled to extension of time from 30 minutes to one hour, the petitioner who was given 30 minutes time has not raised any objection and she has never stated either during the time of examination or immediately thereafter that she should be given one hour as per the medical certificate. It is only after the examination results were published and the petitioner who tried for admission to first year MBBS Course failed in her efforts, she made representation to the respondents which resulted in passing of the present impugned order.