A 2012 writ petition challenging a syllabus change and examination eligibility is dismissed as time-barred due to the lapse of 11 years. The court held nothing survives for adjudication, relying on a prior dismissal of similar petitions.
No relief granted. The petition was dismissed.
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.8046 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.09.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.8046 of 2012
R.Jayamuneeswari ... Petitioner
Vs.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondents to permit the Petitioner to write the examination in failed subject viz., English language under old syllabus in the course of Diploma in Teacher Education in present academic year 2012.
W.P(MD)No.8046 of 2012
For Petitioner : Mr.S.Rajasekar
For Respondents : Mr.M.Siddharthan Additional Government Pleader
ORDER
Heard both sides.
relates to writing of examination in diploma in Teacher Education Course. We are now in 2023. Nothing survives for adjudication.
“10. But, it is seen from the Government Order G.O.Ms.No.6, dated 12.01.2010 that the new syllabus was introduced for the first year in 2008-09 itself and the new syllabus for the second year was introduced with effect from 2009-10. The introduction of the new syllabus was as per the Government Orders, G.O.Ms.Nos.82 & 221 respectively dated 05.04.2007 and 12.08.2008. Therefore, the petitioners are supposed to have had knowledge of the impending switch over sufficiently in advance. Hence, the contention that they were taken by surprise cannot be accepted.
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W.P(MD)No.8046 of 2012
who had passed internal assessment under the old syllabus will not be compelled to again undergo internal assessment. The relevant portion of this counter filed by the third respondent reads as follows:-
“Those candidates are exempted from doing internal assessment and grading examinations etc., (Government Letter No.3950-4/V1/2002), dated 08.08.2003 for those candidates an endorsement is made in the mark certificate stating that they were exempted from doing internal assessment and grading. (Endorsement)”
Exempted from internal Assessment
and Grading vide Government
Letter No.3950-4/01/2002, School
Education Department Dated 08.08.2023
Secretary,
State Board of School Examination
Tamil Nadu
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W.P(MD)No.8046 of 2012
G.R.SWAMINATHAN, J.
rmi
Petition is dismissed. No costs.
20.09.2023 Index : Yes / No Internet : Yes/ No rmi
To 1.The Director of Teacher Education, Research and Training, DPI compound, College Road, Fort St.George, Chennai-06.
2.The Joint Director, Directorate of Teacher Examination, Chennai-05.
3.The Regional Director, Southern Regional Committee, National Council for Teacher Education, Ist Floor, CSD Building, HMT Post, Bangalore-560031.
W.P(MD)No.8046 of 2012
20.09.2023
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3 issues framed by the court
Whether a writ of mandamus can be issued to direct respondents to permit the petitioner to write a failed subject under an old syllabus when the current academic year follows the new syllabus.
Whether the petitioner has any surviving cause of action for a grievance arising from examination syllabus changes in 2012.
Whether candidates who passed internals under the old syllabus will be exempted from reassessment under the new syllabus.
1 provisions across 1 enactments
R.Jayamuneeswari
The Director of Teacher Education, Research and Training
The Joint Director, Directorate of Teacher Examination
The Regional Director, Southern Regional Committee, National Council for Teacher Education
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
