Writ petition challenging an online rejection order that withheld full internal marks and seeking refund of wrongly levied school fee for academic year 2020-21. The respondent school had closed, making the petition infructuous; the court dismissed it as such with no order as to costs.
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W.P.(MD)No.4745 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.4745 of 2022 and W.M.P.(MD)No.3948 of 2022
S.Shenbagam
... Petitioner
Vs.
SDH Jain Vidyalaya Matriculation Higher Secondary School, Thiruppalai, Madurai-625014. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned online rejection order passed by the 2nd respondent in Ma.Ka.ANa.Ka.No.7624/A2/2021 and set aside the same as illegal and arbitrary consequently directing the respondents to provide full internal marks to the petitioner in all subjects and direct the 3rd respondent to return her school fee levied wrongly against the Government Order.
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W.P.(MD)No.4745 of 2022
For Petitioner : No appearance For Respondents : Mr.T.Amjad Khan (R1 & R2) Government Advocate Mr.V.Janakiramulu (R3)
ORDER
This writ petition is filed challenging the online rejection order passed by the second respondent dated 02.10.2021 and seeking for a consequential direction to the respondents to provide full internal marks to the petitioner in all subjects and direct the 3 rd respondent to return her school fee.
2. There is no representation on the side of the petitioner. Heard the learned Government Advocate appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent.
3. When the matter is taken up for hearing, the learned Government Advocate appearing for the respondents 1 and 2, on instructions, submitted that the matter has become infructuous, since the third respondent school has already been closed and also the matter pertains to the academic year 2020-21.
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W.P.(MD)No.4745 of 2022
4. In view of the same, this writ petition is dismissed as infructuous.
There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
09.12.2024
NCC : Yes / No Index : Yes / No Sm
TO :-
W.P.(MD)No.4745 of 2022
L.VICTORIA GOWRI, J.
Sm
Order made in W.P.(MD)No.4745 of 2022
Dated 09.12.2024
1 issue framed by the court
Whether the online rejection order withholding internal marks and the wrongly levied school fee could be challenged despite the school having closed and the academic year 2020-21 having passed.
1 provisions across 1 enactments
S.Shenbagam
The District Collector, Madurai District
The Chief Educational Officer, Melur Educational District
SDH Jain Vidyalaya Matriculation Higher Secondary School (Principal)
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
