Madras High Court
Mariappan vs The Secretary To Government on 11 June, 2020
Author: Vineet Kothari
Bench: Vineet Kothari, R.Suresh Kumar
Order dt.11.06.2020 in
W.P.Nos.7715, 7716/2020
1/7
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.06.2020
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI
AND
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
W.P.Nos.7715, 7716/2020
and WMP Nos.9071, 9072/2020
W.P.No.7715/ 2020
MARIAPPAN ... Petitioner
VS
1.The Secretary to Government.
Department of School Education,
Fort St.George, Chennai 9
2.The Director,
Directorate of Government Examinations
Chennai 6
Writ petition filed under Article 226 of the Constitution of India praying
for a Writ of Mandamus directing the respondents not to proceed with the
proceedings issued by the 2nd respondent in Na.Ka.No.1227311/H.1/2019
dated 12.05.2020 for conducting the X Board exams and th epending exam for
the plus one and plus two students who could not attend the exam held on 24
March 2020 and postpone the same to be conducted soom after the corona
virus is contained
W.P.No.7716/2020
M.SHAIK ABDULLAH ... Petitioner
VS
http://www.judis.nic.in
Order dt.11.06.2020 in
W.P.Nos.7715, 7716/2020
2/7
1.The Secretary to Government.
Department of School Education,
HRD Department, Shastri Bhavan,
New Delhi 110001
2.The Secretary to Government.
Department of School Education,
Fort St.George, Chennai 9
3.The Director,
Directorate of Government Examinations
Chennai 6 ... respondents
Writ petition filed under Article 226 of the Constitution of India praying
for a Writ of Mandamus directing the respondents 1 to 3 to consider the
representation dated 15.05.2020 made by the petitioner to postpone 10th
stand SSLC Public Exams scheduld to be conducted from 1.6.2020 to 12.6.2020
by the 3rd respondent till the threat of spreading COVID 19 pandemic virus is
put under control and to ensure safety of the students lives and pass
appropriate orders within stipulated time period.
For Petitioner : Mr.K.C.Karl Marx
in WP NO.7715/2020
For petitioner
in W.P.No.7716/2020 : Mr.T.Sundaravadanam
For Respondents 1&2
in WP No.7715/2020
& Respondents 2&3 in
WP No.7716/2020 : Mr.C.Munusamy, Spl. GP (Edn.)
For Respondent-1 in
WP No.7716/2020 : Mr.R.Rajesh Vivekananthan
COMMON ORDER
(Made by DR.VINEET KOTHARI, J.) The Court was held by Video Conference, as per the Resolution of the Full Court dated 30th April 2020, by Judges at the respective residence offices http://www.judis.nic.in Order dt.11.06.2020 in W.P.Nos.7715, 7716/2020 3/7 and the counsel, staff of the Court appearing from their respective residences.
2. The learned counsel for both sides present. The learned Special Government Pleader submitted that vide G.O.Ms.No.54, School Education (GE) Department dated 09.06.2020, the State Government has decided to cancel the State Board examination for 10th standard and other classes for the academic year 2019-2020, which were challenged on the ground of increasing Covid-19 cases, in the present Public Interest Litigation - writ petitions.
3. G.O.Ms.No.54, School Education (GE) Department dated 09.06.2020 is quoted below for ready reference.
" G.O.Ms.No.54, School Education (GE) Department dated 09.06.2020 ABSTRACT School Education - Directorate of Government Examinations
- Cancellation of Board Examination for Standard 10 and left out subjects of Standard 11 - orders -issued.
------------------------------------------------------------------------
School Education (GE) Department Date: 09/06/2020 Read: 1. Government Letter (MS) No.45, School Education (GE) Department, dated 12.05.2020
2. Government Letter (MS) No.46, School Education (GE) Department, dated 19.05.2020
3. Statement of the Hon'ble Chief Minister http://www.judis.nic.in Order dt.11.06.2020 in W.P.Nos.7715, 7716/2020 4/7 dated 09.06.2020
-----
ORDER:
In the Government letter first read above, orders have been issued approving the revised examination schedule for the year 2019-20 and permitting the Director of Government Examinations to conduct Board Examination for Standard 10, left over subjects of Standard 11 and re-exam for the absentees for the Standard 12 examination held on 24.03.2020 from 01.06.2020 onwards.
2) Due to the COVlD-19 pandemic situation at present, based on the representations of parents and public to postpone the board examinations, standard 10 Board Examination, Standard 11 Board examination for left out subjects ((i) Chemistry, Accountancy, Geography (new syllabus); (ii) Chemistry, Accountancy, Geography and Vocational Accountancy (old syllabus)) and the re
-examination for Standard 12 for the absentees for the examination held on 24.3.2020 have been rescheduled to commence from 15.03.2020 onwards in Government letter second read above.
3) In this situation, various Writ Petitions have been filed before the High Court of Madras in this regard and the Hon'ble High Court has told the Government to examine http://www.judis.nic.in Order dt.11.06.2020 in W.P.Nos.7715, 7716/2020 5/7 about the postponement of the Board Examinations in view of the present COVID 19 situation.
4) As per the statement third read above, the existing situation has been examined by the Government and considering the fact that COVID-19 pandemic is continuously increasing day by day in Chennai and some other Districts in Tamil Nadu and the experts in communicable diseases has opined that this pandemic will not get reduced in a short time and considering the representations made by the parents and the present trend of the pandemic, the Government orders as follows:
I. In the academic year 2019-20, the Board Examination for Standard 10 and left out subjects of standard 11 -viz., Chemistry. Accountancy, Geography (new syllabus); Chemistry, Accountancy, Geography and Vocational Accountancy is cancelled.
II. Consequent to the above cancellation of board examinations, all the students are declared to have passed the Board Examination for Standard 10 and left out subjects in Standard 11.
III. The marks for the students shall be calculated by taking 80% of the marks based on the marks obtained by the http://www.judis.nic.in Order dt.11.06.2020 in W.P.Nos.7715, 7716/2020 6/7 students in Quarterly and Half yearly examinations and 20% of the marks based on their attendance.
IV. The re-examination scheduled for the absentees of the Standard 12 examination held on 24.03.2020 is postponed and the date of re-examination shall be announced later according to the prevailing situation.
(By order of the Governor) Dheeraj Kumar Principal Secretary to Government"
4. In view of the aforesaid development, the present writ petitions are rendered infructuous and the same are disposed of as infructuous. No costs.
Consequently, connected WMPs are closed.
(V.K.,J.) (R.S.K., J.)
11.06.2020
Index : Yes/No
kpl/tar
To
1.The Secretary to Government.
Department of School Education,
Fort St.George, Chennai 9
2.The Director,
Directorate of Government Examinations,Chennai 6
3. The Secretary to Government.
Department of School Education, HRD Department, Shastri Bhavan, http://www.judis.nic.in Order dt.11.06.2020 in W.P.Nos.7715, 7716/2020 7/7 New Delhi 110001 DR.VINEET KOTHARI, J.
and R.SURESH KUMAR, J.
(tar) W.P.Nos.7715, 7716/2020 11.06.2020 http://www.judis.nic.in