Parents of private candidates sought writs to quash a notification and permit their wards to write the 10th standard public examination. The court found relief infructuous due to the lapse of time and closed the petitions.
The writ petitions were closed as no adjudication was possible due to delay.
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)Nos.3783 to 3789 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)Nos.3783 to 3789 of 2018 and
W.M.P.(MD)Nos.3921 to 3933 and 3938 of 2018
W.P.(MD)No.3783 of 2018
J.Hameed Asraf Rep. by his Natural Guardian, Jamal Nazar
... Petitioner
versus
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Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus to call for the records in Notification dated 28.12.2017 (bra;jpf;Fwpg;g[) on the file of 2nd respondent and quash the same as illegal, void, unconstitutional and to direct the respondents to permit the petitioner to submit the application to write examination in the 10th standard Public Examination to be held on March/April, 2018 within the time frame by this Court.
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For Petitioner : Mr.S.Ramesh For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader
COMMON ORDER
The petitioners are parents, whose wards have applied for 10th Standard examination as private students and have filed this batch of writ petitions as against the Notification dated 28.12.2017 issued by the second respondent that it was illegal, unconstitutional and for a consequential direction to permit their wards to submit their applications to write examination in the 10th Standard Public Examination to be held in the month of March-April 2018.
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concerned District Educational Officer, where the student resides and after receipt of the applications, the District Educational Officer shall fix a date for practical training on Saturday and on other holidays, for which, fee was also fixed. Further, the Government, vide G.O.No.144, School Education Department, dated 20.09.2011, insisted upon 80% of attendance in the practical training for a student.
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04.02.2018 prescribed the last date for receiving the application from the students as 04.02.2018. Thereafter, the petitioners have made representations on 06.02.2018 to extend the time to receive the application to appear and write examination in the 10th Standard Government Examination which were scheduled to be conducted in the month of March/April 2018. However, their requests were rejected with a direction to them to file an application for the examination to be conducted in the month of September/October 2016.
petitions in the year 2018. For want of time, the writ petitions have not been taken up for hearing. Even according to the petitioners, the respondents have closed the cut off date for the examinations scheduled to be conducted in the month of March-April 2018 and directed them to appear for September/October 2018.
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10.11.2023
ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No. To
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B.PUGALENDHI, J.
ogy
W.P.(MD)Nos.3783 to 3789 of 2018
10.11.2023
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1 issue framed by the court
Whether the writ petitions challenging the Notification regarding 10th Standard private examination applications are maintainable in view of the lapse of time.
3 provisions across 3 enactments
J. Hameed Asraf Rep. by his Natural Guardian, Jamal Nazar
The State of Tamilnadu Rep. by its Secretary, School Department, Secretariat, St. George Fort, Chennai
The Director, Public Examination Department
The Joint Director, Public Examination Department
The Regional Deputy Director, Public Examination Department, Madurai
The Regional Deputy Director, Public Examination Department, Tirunelveli
B. Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
