School challenged exclusion from 100% pass list for 12th standard exams. Court found appointment of sent-out students worldwide as per G.O. 100 clarified, directing学校 inclusion. Writ allowed.
Directions issued to include petitioner school in the list of schools with 100% results via a corrigendum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.10100 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.12.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.10100 of 2019
Thiru.R.V.Thevar Memorial Girls Higher Secondary School, Cholapuram South – 625 139, Virudhunagar District,
by its Secretary, V.Ramar.
... Petitioner
Vs.
1.The Director,
Directorate of Government Examinations, Chennai – 600 006.
2.The Chief Educational Officer, Virudhunagar.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to rectify the mistake in publishing list of schools made 100% pass in Plus Two Public Exams held in March 2019 in Virudhunagar District by including the petitioner's school namely Thiru.R.V.Thevar Memorial Girls Higher Secondary School, Cholapuram South -625 139, Virudhunagar District by considering the representation made by this school dated 20.04.2019.
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W.P(MD)No.10100 of 2019
For Petitioner : Mr.K.K.Kannan
For Respondents : Mr.T.Amjadkhan, Government Advocate.
ORDER
Heard the learned counsel on either side.
2.The writ petitioner is an aided Higher Secondary Private School. The grievance of the petitioner is that even though all the children who wrote 12th standard public examinations secured pass marks, the school was not included in the list school that had secured 100% results. Though the petitioner had applied to the authority calling upon them to include the petitioner school in the said list, it was not considered. That led to the filling of the present writ petition.
3.The respondents have filed counter affidavit and the learned Government Advocate took me through its contents. The learned Government Advocate would contend that two students namely Gohila and Muthulakshmi were compulsorily sent out by the petitioner school in the 11th standard. Relying on G.O.(Ms)No.100, Education Department, dated 22.05.2017, the
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learned Additional Government Pleader would contend that not only for 12th standard but for 11th standard also public examinations are held. Only if all the students who had joined in the 11th standard had passed 12th standard public examinations, then alone the school concerned will be included in the list of 100% result produced school. In this case, according to him, since Gohila and Muthulakshmi who had joined 11th standard were sent out by the school management, the respondents rightly did not include the petitioner school in the list of 100% result produced school.
4.After hearing the learned counsel on either side, I posed only one question to the learned Government Advocate. I wanted him to produce the said Government Order or Circular under which a school is declared as 100% result produced school. G.O.(Ms)No.100, 22.05.2017 does not deal with the said issue. My attention is not drawn to any other circular or instruction. Therefore, I have to proceed by applying commonsense. The fact remains that all the students who wrote 11th standard examination as well as 12th standard examination had passed. As per G.O.(Ms)No.100, dated 22.04.2017, even if a person has failed in 11th standard examination, he or she can still write supplementary examination and again take the same subjects as arrears while sitting for 12th standard public examination. Therefore, the only yardstick that
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W.P(MD)No.10100 of 2019
has to be applied is whether all the students who sat for 12th standard examination had cleared the same. Admittedly, Kohila and Muthu Lakshmi did not write 12th standard public examination as students of the writ petitioner school.
5.In this view of the matter, the respondents have erred in not including the petitioner school in the 100% produced school. Therefore, the respondents are directed to issue corrigendum and include the petitioner school also in the list of school that had shown 100% result in March 2019. The writ petition is allowed. No costs.
15.12.2022 Index : Yes / No Internet : Yes/ No ias
To:-
1.The Director, Directorate of Government Examinations, Chennai – 600 006.
2.The Chief Educational Officer, Virudhunagar.
3.The District Educational Officer, Srivilliputhur.
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W.P(MD)No.10100 of 2019
W.P(MD)No.10100 of 2019
G.R.SWAMINATHAN, J.
ias
W.P(MD)No.10100 of 2019
15.12.2022
2 issues framed by the court
Whether a school should be included in the list of schools with 100% pass results if students who were sent out entirely did not appear for the 12th standard public examination.
Whether the respondents erred in not including the petitioner's school in the list despite all students appearing for the examination having passed.
2 provisions across 2 enactments
Thiru.R.V.Thevar Memorial Girls Higher Secondary School
The Director, Directorate of Government Examinations
The Chief Educational Officer, Virudhunagar
The District Educational Officer, Srivilliputhur
G.R. Swaminathan
ias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
