Narayana Chengutuvan Vs the Chairman

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent herein to declare the entire admission and roll number issuance process in respect of the petitioner's daughter for Class 12 in the academic year 2023-24 as null and void and subsequently to initiate inquiry against the fifth respondent school for fabrication of academic records and submitting false date to the Board.

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For Petitioner : Mr.R.Sunil Kumar For Respondents : M/s.P.Rajarajeswari, Government Advocate (for R1 to R4) Mr.A.G.Abhishek *****

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O R D E R

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The instant writ petition has been filed with a prayer for issuing a Mandamus to direct the first respondent herein to declare the entire admission and roll number issuance process in respect of the petitioner's daughter for Class 12 in the academic year 2023-24 as null and void, and subsequently to initiate an enquiry against the fifth respondent school for 2/10

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https://www.mhc.tn.gov.in/judis

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fabrication of academic records and submitting false data to the Board.

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The learned counsel for the petitioner would submit that his daughter studied in the fifth respondent school in 11th standard for the academic year 2022-2023. Since the teachers of the fifth respondent school had ill-treated her for choosing the Physics Group, due to which she failed in the 11th standard board exams. Thereafter, in a second attempt, which was conducted in June 2023, she passed. Hence, the petitioner approached the fifth respondent school in August 2023 to issue a transfer certificate, but the fifth respondent did not issue the same.

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2.1. It is the specific contention of the learned counsel for the petitioner that the petitioner's daughter did not attend even a single class in the 12th standard. However, in the mark sheet given by the State Board of School Examinations, Tamil Nadu, there is a reference that the petitioner's daughter was absent in the 12th standard exams, which were conducted in March 2024. He would further submit that such an entry is contrary to the factual position, as the petitioner's daughter never attended the 12th standard class. Hence, he prayed to declare the entire admission and roll number

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issuance process in respect of the petitioner's daughter for Class 12 in the academic year 2023-24 as null and void.

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The said contention was stoutly objected by the learned Government Advocate appearing for the first to fourth respondents, who would submit that the petitioner's daughter attended the 11th standard examination in the fifth respondent school during the academic year 2022-2023 and failed in the public examination, and subsequently, she passed in the supplementary examination in June 2023. It is the further submission of the learned Government Advocate that as per G.O.Ms.No.100, School Education Department, dated 22.05.2017, the respondent authority will issue only a consolidated mark sheet for both the first and second years of higher secondary education. She would further submit that there is no bar on the issuance of a transfer certificate at the request of the students or their parents.

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3.1. It is the further submission of the learned Government Advocate that the petitioner had not made any representation to the respondent authority at the appropriate time, complaining about the denial of the transfer certificate. Therefore, having not pursued the matter with due diligence, she

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cannot blame the respondents, as the registration number of EMIS would automatically follow for the 12th standard examination.

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Apart from the submissions made by the learned Government Advocate, the learned counsel for the fifth respondent, in addition to the submissions made by the learned Government Advocate, would invite the attention of this Court to the fact that even in the previous writ petition in W.P. No. 20013 of 2024, vide order dated 28.10.2024, the entire issue was resolved, and the fifth respondent school was directed to issue the transfer certificate to the petitioner's daughter, enabling her to pursue her higher secondary studies privately. Therefore, the learned counsel for the fifth respondent would submit that the petitioner cannot find fault with either the first to fourth respondents or the fifth respondent.

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I have given my anxious consideration to either side submissions.

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It is not in serious dispute that the petitioner's daughter studied in the fifth respondent school for the 11th standard, and further, it is not in dispute that during the public examination in March 2023, she did not pass

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and only in the supplementary examination she passed her 11th standard examination. It is further not in dispute that the petitioner gave an application only in August 2023, merely informing the fifth respondent school that his daughter would continue her education from January 2024, but they never applied for a transfer certificate.

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However, in the order dated 28.10.2024, in W.P. No. 20013 of 2024, this Court, after taking into consideration all aspects, directed the fifth respondent to issue the transfer certificate to the petitioner's daughter solely to enable her to continue her higher secondary education privately. At this juncture, it is appropriate to refer to the Government Order in G.O.Ms.No.100, School Education Department, dated May 22, 2017, wherein the Government took a policy decision to issue a consolidated mark sheet for the academic year 2017-2018, covering both the 11th and 12th standards.

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The main grievance of the petitioner is that, even without attending

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a single day of class, the petitioner's daughter's mark sheet purportedly indicates that she attended 12th standard classes and failed to appear for the

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examination. However, as rightly contended by the learned counsel for the fifth respondent, the reference to being absent in the March 2024 certificate cannot be re-agitated in the present writ petition, as in the previous writ petition itself, this Court resolved the issue and directed the fifth respondent to provide the original certificates of the petitioner's daughter, enabling her to pursue her education privately. Therefore, the question of her continuing her 12th standard at the fifth respondent school does not arise.

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Even in respect of the reference to being absent on the 2024 mark sheet, this Court cannot blame the respondents, as the petitioner had only informed the fifth respondent that her daughter would continue her education from January 2024, and admittedly, he never gave any written request for a transfer certificate. As rightly contended by the learned Government Advocate, when the Government took a policy decision to issue a consolidated mark sheet starting from the academic year 2017-2018, and when the petitioner's daughter did not apply for any transfer certificate and wanted to rejoin classes after a few months, she cannot blame the first to fourth respondents for issuing a mark sheet for both the 11th and 12th standards, where admittedly for the 12th standard examination, the

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petitioner's daughter was absent.

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In view of the detailed discussions, this Court does not find any merit in the present Writ Petition. Accordingly, this Writ Petition is dismissed. No costs.

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11.08.2025

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kv

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Index : Yes/No Speaking order /Non Speaking Order Neutral Citation : Yes/No

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To

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