Dismissed

M.Logamoorthy v. The State of Tamil Nadu

Madras HC24 Nov 2022WP/20840/2021

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus for a 10th standard pass mark sheet for his daughter under the Government's automatic pass scheme for the 2020-21 academic year due to the COVID-19 pandemic. The court held that the student left her 9th standard school within a week without completing studies, rendering her ineligible for the automatic pass, and dismissed the petition.

What did the court decide?

Writ petition dismissed. School directed to issue Transfer Certificate and refund admission fee.

M.Logamoorthy Vs The State of Tamil Nadu — Education and Admissions | Madras HC (2022)

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W.P.No.20840 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.11.2022

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CORAM :

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THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

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Writ Petition No.20840 of 2021

M.Logamoorthy

…. Petitioner

-Vs-

1.The State of Tamil Nadu

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Rep.by its Principal Secretary School Education Department Fort.St.George, Chennai – 600 009.

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2.The Director of Government Examinations DPI Campus, College Road, Chennai 600 006.

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3.The Chief Educational Officer Dharmapuri District, Dharmapuri.

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4.The Chief Educational Officer Namakkal District, Namakkal.

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5.The Principal

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Kurinchi Matriculation Higher Secondary School Chinnankuppam (Post), Harur-636 903 Dharmapuri District.

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6.The Principal / Headmaster Vetri Vikaas Girls Higher Secondary School Keeranoor Valasu, Namakkal District.

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…. Respondents

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Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to issue 10^th

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W.P.No.20840 of 2021

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Standard Mark Sheet for the academic year 2020-2021 through sixth respondent School to the petitioner's daughter Senthamizhselvi (DOB 24.08.2005) as per G.O.(Ms) No.48, School Education Department, dated 25.02.2021 with a time frame to be fixed by this Hon'ble Court.

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For Petitioner : Mr.C.Munusamy For Respondents : Mr.R.Kumaravel Additional Government Pleader-for RR 1-4 Mr.J.Pradeep – for R5 Mr.C.S.Saravanan – for R6

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O R D E R

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The prayer sought for herein is for a Writ of Mandamus directing the second respondent to issue 10^th Standard Mark Sheet for the academic year 2020-2021 through sixth respondent School to the petitioner's daughter Senthamizhselvi (DOB 24.08.2005) as per G.O.(Ms) No.48, School Education Department, dated 25.02.2021 with a time frame to be fixed by this Hon'ble Court.

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It is the case of the petitioner that, his daughter one Senthamizhselvi born on 24.08.2005 was admitted in LKG at Kalaimagal Matriculation Higher Secondary School, Kadathur and she studied there upto 3^rd standard. She was admitted in Kurinchi Matriculation Higher Secondary School, Chinnankuppam, Harur where she studied 4^th and 5^th standard. Then, she was admitted in the 6^th

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W.P.No.20840 of 2021

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Standard at the Panchayat Union Middle School, Ambalapatti. Again she was admitted in the Kurinchi Matriculation Higher Secondary School, Chinnankuppam,

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Harur at 7^th Standard wherein she studied upto 8^th standard in the academic year 2018-19. Thereafter, she was admitted in the Vetri Vikaas Girls Higher Secondary School in 9^th standard during the academic year 2019-20.

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It is the further case of the petitioner that, after successful completion of 9^th standard during the academic year 2019-20, she was admitted in the 10^th standard in the very same school viz., Vetri Vikaas Girls Higher Secondary School, during the academic year 2020-21. Because of COVID-19 pandemic situation, there was no regular classes conducted. The teachers and students were perplexed and the student community had suffered like anything since all schools and colleges were shut down. Ultimately, the Government of Tamil Nadu decided to declare all the 10^th standard students as Pass without conducting public examination during the academic year 2020-21.

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The Government announced that there will be no public examination for the 10^th standard for the academic year 2020-21 and declared all the students have passed 10^th standard. However, the second respondent did not issue certificate to that effect for the daughter of the petitioner. In this regard, it is the further case of the petitioner that, the mark sheets have been issued to the

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W.P.No.20840 of 2021

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students through the school where they have studied 10^th standard. Accordingly when the petitioner approached the Vetri Vikaas Girls Higher Secondary School for getting the mark sheet, initially they said that the mark sheet would come in due course, but subsequently they said that the Transfer Certificate (TC) has not been produced from the school where the student had studied earlier.

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In this regard, it is the further case of the petitioner that, TC need not be produced since as all the particulars of the student has been entered online and maintained by the Government through Educational Management Information System (EMIS) and the 5^th respondent school has furnished the petitioner's daughter's EMIS ID. However, the present school ie., 6^th respondent school have stated that the TC is necessary when they had admitted the petitioner's daughter in 9^th standard and conducted online classes after collecting necessary fees fixed by them. Only in this context, the petitioner has moved the present writ petition with the aforesaid prayer.

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On notice, the learned counsel appeared for both 5^th respondent and 6^th respondent Schools and learned Additional Government Pleader appeared for the official respondents.

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W.P.No.20840 of 2021

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This Court, after hearing the learned counsel for both sides, passed the

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following interim order on 03.11.2022.

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“ Learned Government Advocate appearing for respondents 1 to 4 seeks one week time to file counter as to how a web portal ie., EMIS registration is being worked out for transfer of a student from one school to other school for admission and in that case, who is maintaining the web portal. Suppose, if a student wants to switch over from 'A' School to 'B' School without informing 'A' School and joined in the 'B' School, how, within 24 hours the student ID will be transferred to the new school automatically through EMIS, where she or he wants to join and who undertakes that kind of transfer or by which authority, is to be reported before this Court, in the counter affidavit by the official respondents.”

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Pursuant to the said direction issued by this Court, the learned

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Additional Government Pleader appearing for the respondents, on instructions would submit that, for the academic year 2019-20, on 04.07.2019 the petitioner got admitted at the 6^th respondent School in 9^th standard the petitioner also paid a sum of Rs.30,000/- to the school under various heads.

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Though the petitioner got his daughter admitted in July 2019 in 9^th

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standard at the 6^th respondent school, within one week period the petitioner's

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W.P.No.20840 of 2021

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daughter left the school without any information and even at the time of getting admission, the TC of the petitioner's daughter since was not produced, the admission was not confirmed at the 6^th respondent School.

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In this context, pursuant to the filing of this writ petition, when an

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enquiry was conducted by the District Educational Officer (DEO) of Tiruchengode Educational District, after having conducted the enquiry, he has filed his enquiry report dated 06.10.2021, wherein inter alia he has stated the following:

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“ kDjhuh; mspj;j g[fhh; kDt[ld; bgwg;gl;l Mtz';fs; kw;Wk; tprhuizapd; mog;gilapy; g[fhhpy; Fwpg;gpl;Ls;s khztp vy;/bre;jkpH; bry;tp vd;ghh; ehkf;fy; khtl;lk;. fPuD}h;tyR. btw;wp tpfh!; bgz;fs; nky;epiyg;gs;spapy; gapd;Ws;shh; vd;gJk;. gs;sp tpLjpapy; xU thuk; j';fpapUe;jhh; vd;gJk; tprhuizapy; bjhpa tUfpwJ vd;gij gzpt[ld; bjhptpj;Jf; bfhs;fpnwd;/ ”

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Learned Additional Government Pleader also relied upon the communication issued by the State Project Director, Integrated School Education, DPI Campus, Chennai dated 03.11.2021 addressed to the District Educational Officer, Tiruchengode, where it has been stated as follows:

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“ ghh;itapy; fhqk; fojj;jpy; Fwpg;gpl;Ls;s khztp gs;spapd;

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W.P.No.20840 of 2021

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EMIS gjpntl;oy; ,Ue;J 04/08/2019 md;W ePf;fg;gl;Ls;shh;/ kPz;Lk;

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29/08/2019md;W mnj gs;spapy; EMIS gjpntloy; ; nrh;f;fg;gl;Ls;sh;/mjd;gpwF 24/01/2020 md;W kPz;Lk; me;jg;

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gs;spapd; EMIS gjpntl;oy; ,Ue;J ePf;fg;gl;Ls;sh;/ me;j khztp mg;nghJ gs;spapy; 9Mk; tFg;gpy; goj;J te;jjhf gjpt[ bra;ag;gl;Ls;sJ/ mjd; gpwF me;j khztp ntW ve;j gs;spapYk; nrh;f;if bra;ag;gl;ljhf EMIS-y; gjptplg;gl;tpy;iy/ EMIS tptuk;

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gpd;tUkhW.

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District	Block	UDISE	school Na	me	Out	In
NAMAKKAL	Vennandur	33090801205	VETRI G.KEERA	VHSS NUR	04-08- 2019	29-08- 2019
NAMAKKAL	Vennandur	33090801205	VETRI G.KEERA	VHSS NUR	24-01- 2020
W.P.No.20840/2	021 tH	f;fpw;fhf	jh';fs;	nfh	hpa	tptuk;

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mspf;fg;gLfpwJ/ ”

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Relying upon this communication, the learned Additional Government Pleader appearing for respondents 1 to 4 would contend that, though it was a fact that the petitioner's daughter had been admitted to 9^th standard on 04.07.2019 at the 6^th respondent school and the petitioner also paid the necessary fee, however since the student's TC was not produced to the 6^th respondent school, her name has been struck off and accordingly from the EMIS register, the name of the petitioner's daughter has been removed on 04.08.2019. Thereafter, on 28.09.2019 at the request of the petitioner, once again the name of the petitioner's daughter was included. However, again it was removed from

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W.P.No.20840 of 2021

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the portal on 24.01.2020. Thereafter, there was no information from the petitioner or his daughter as to in which school the petitioner's daughter had joined 9^th standard and therefore, there is no other information available in the EMIS portal of the petitioner's daughter, whether she studied 9^th standard in the 5^th respondent school or the 6^th respondent school or any other school.

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In this regard, Mr.J.Pradeep learned counsel appearing for the 5^th respondent school on instructions would submit that, the petitioner's daughter studied in the 5^th respondent school during the academic year 2018-19. She passed out in the 8^th standard and became eligible to be admitted in 9^th standard for the academic year 2019-20. However, instead of joining in the 5^th respondent school and paying the fee, the petitioner's daughter left without any information without even taking the TC. Thereafter, there has been no information either from the petitioner or his daughter as to in which school the petitioner's daughter joined.

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Mr.C.S.Saravanan, learned counsel appearing for the 6^th respondent school on instructions would submit that, no doubt on 04.07.2019 the petitioner's daughter came to the school for admission and accordingly she was admitted in the 9^th standard on 04.07.2019. The fee paid by the petitioner also has been accepted, but however at the time of admission since TC was not produced the

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W.P.No.20840 of 2021

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same was directed to be produced within one week. Thereafter, the petitioner did not come forward to produce the TC and also the student left the institution without any information to the 6^th respondent school.

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Insofar as the on-line classes conducted during COVID-19 pandemic situation, it all started some time in June 2020. Prior to that, there was no online classes and more over, since in the academic year 2019-20 classes were taken through physical mode only, the question of taking on-line classes in the said academic year does not arise.

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Therefore, the statement now made by the petitioner that the 6^th respondent school conducted on-line classes to the petitioner's daughter in the 9^th standard during academic year 2019-20 and subsequently in the 10^th standard in the academic year 2020-21 and therefore she is eligible to get the benefit of a Pass in the 10^th standard which was a policy decision taken by the Government due to COVID-19 pandemic situation as there was no 10^th standard examination conducted in the academic year 2020-21 cannot be countenanced and hence the petitioner's plea is untenable, he contended.

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Heard the learned counsel appearing for all the parties and have

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W.P.No.20840 of 2021

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perused the materials placed on record.

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No doubt, admittedly the petitioner's daughter completed 8^th standard at the 5^th respondent school during the academic year 2018-19. Thereafter, on 04.07.2019, though the petitioner's daughter was admitted in the 6^th respondent school subject to production of TC, even though the fee was paid after one week, where the petitioner's daughter stayed in the hostel of the 6^th respondent, she left the institution and thereafter there was no response, either from the petitioner or from the petitioner's daughter.

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Moreover, insofar as the on-line classes are concerned due to COVID19 pandemic situation, it commenced only from June 2020 as the COVID-19 pandemic situation started and lockdown commenced only from 25.03.2020. Therefore, no school would have conducted classes either offline or on-line during this period and only if at all any on-line classes were conducted, it could have been only after June 2020.

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Therefore, absolutely there was no scope for the petitioner or his daughter to claim that she has studied 9^th standard at the 6^th respondent school in on-line mode. No such documents that the petitioner's daughter studied in the 6^th respondent school during the academic year 2019-20 in physical mode or

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even in on-line mode has been filed before this Court. Moreover, the enquiry report filed by the District Educational Officer reveals that, after studying in the 6^th respondent school for one week, that too without providing the TC to confirm the admission given in the 6^th respondent school, the petitioner's daughter left and thereafter absolutely there was no information.

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21.This has been corroborated in the report of the State Level Director dated 03.11.2021, where the name of the petitioner's daughter has been struck off or removed from the EMIS register with effect from 24.01.2020 and thereafter absolutely there has been no communication whatsoever and in the EMIS portal the name of the petitioner's daughter had never been included subsequently. These factors disclose that the petitioner's daughter, though completed 8^th standard and would be eligible to be admitted in 9^th standard in the academic year 201920 and joined in the 6^th respondent school, since she left within one week without pursuing the course, she is not entitled to get any declaration of results either for 9^th standard or 10^th standard.

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Therefore, the automatic pass scheme announced by the State Government by taking a policy decision due to COVID-19 in the 10^th standard in the academic year 2020-21 is concerned, the same would not be made applicable to the petitioner's daughter and hence the prayer sought for by the

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W.P.No.20840 of 2021

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petitioner cannot be granted.

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In view of the above discussion, this Court is inclined to dismiss the

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writ petition with the following order.

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That the 5^th respondent school is hereby directed to issue the TC to the petitioner's daughter as admittedly she has completed 8^th standard during the academic year 2018-19 at their school within a period of two weeks from the date of receipt of a copy of this order without making any further claim from the petitioner or his daughter.

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Similarly, a direction is given to the 6^th respondent school to return back the fee of Rs.30,000/- (Rupees Thirty Thousand only) received by them to the petitioner forthwith, within a maximum period of two weeks from today.

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In view of the aforesaid, since the prayer sought for in this writ petition cannot be granted, to that extent the writ petition is liable to be dismissed and it is accordingly dismissed. However, it is open to the petitioner to admit his daughter in 9^th standard in any other school if he is advised to do so. No costs.

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24.11.2022

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Index : Yes/No Internet : Yes/No KST

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W.P.No.20840 of 2021

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1.The State of Tamil Nadu Rep.by its Principal Secretary School Education Department Fort.St.George, Chennai – 600 009.

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2.The Director of Government Examinations DPI Campus, College Road, Chennai 600 006.

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3.The Chief Educational Officer Dharmapuri District, Dharmapuri.

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4.The Chief Educational Officer Namakkal District, Namakkal.

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5.The Principal Kurinchi Matriculation Higher Secondary School Chinnankuppam (Post), Harur-636 903 Dharmapuri District.

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6.The Principal / Headmaster Vetri Vikaas Girls Higher Secondary School Keeranoor Valasu, Namakkal District.

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W.P.No.20840 of 2021

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R. SURESH KUMAR, J.

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KST

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W.P.No. 20840 of 2021

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24.11.2022

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M.Logamoorthy v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

M.Logamoorthy v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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