M.I.SAHANA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to permit the petitioner to write the Higher Secondary Examination (including Practical Examination and Theory Examination) on private study, which is scheduled to be held on 05.02.2019 and 01.03.2019, respectively and to publish the result for enabling her to pursue her higher studies during the year 2019-2020. Along with the said Writ Petition, the petitioner has also filed W.M.P. (MD)No.1018 of 2019 seeking a direction to the respondents 2 and 3 to accept her application for enabling her to write the Higher Secondary Course [+2] Practical and Theory Examination, by providing a Scribe.

(2.) The petitioner submits that she has studied her S.S.L.C. at St. Antonys Matriculation School, Sankaraperi, Tuticorin and completed the same in March 2016, by securing 476 marks out of 500 marks. Thereafter, she joined in the BMC Matriculation Higher Secondary School, Millerpuram, Tuticorin, as a Student of +1 in Bio Mathematics Group in the month of June 2017 and completed the said Course during the year 2017, by securing 1049 marks out of 1200 marks. Thereafter, she was admitted as a Student of Higher Secondary Course in the same School during the month of June 2018. While so, she was affected with Lymphoblastic

(3.) Leukemia and also took treatment in various reputed hospitals in and around the State of Tamil Nadu, more particularly, she was admitted at KIMS Cancer Centre, Trivandrum, for taking treatment. The hospital authorities have issued a Certificate on 25.07.2018 to the effect. In the meantime, she has applied for NEET Examination to undergo Medical Course in the month of November 2018 by explaining the disease. Thereafter, she was permitted to take part in the NEET Examination by approving her application, dated 27.11.2018. 3.The petitioner further submits that she has continued the treatment and completed Re-Induction Phase, for which, the hospital authorities have issued a Certificate on 05.01.2019 to the effect. While so, the second respondent has issued a Memorandum on 26.12.2018 calling upon the private candidates, those who are intending to apply for the Higher Secondary Course Examination for +1 and +2 by private stream with certain conditions. As per the above said conditions, she is also eligible to take part in +2 Examination on the old pattern syllabus and also directed the candidates, who are intending to apply for the same by paying necessary fees before the Government Examinations Service Centre by person and also submit their application through online from 27.12.2018 to 01.01.2019 at 5.45 p.m. As per the schedule mentioned by the second respondent, the date 30.12.2018 fell on Sunday and 01.01.2019 fell on Tuesday, which were holidays. Only, three days are available for submitting the application through online. At that time, she was severely affected with the above said ailment and also took treatment as an inpatient at the reputed hospital in Trivandrum and hence, she could not apply the same within the time stipulated by the second respondent. Thereafter, the second respondent has issued an advertisement in the newspaper stating that those who were not applied in the above mentioned schedule was allowed to submit their applications on special permission (Tatkal) basis from 21.01.2019 to 22.01.2019. After knowing the said news item, she immediately rushed to the third respondent Office for applying the same on 21.01.2019, so as to enable her to attend the Higher Secondary Examination (Practical as well as Theory) scheduled to be held on 05.02.2019 and 01.03.2019.