Madras High Court
Tamil Nadu High & Higher vs The Secretary To Government on 11 June, 2020
Author: V.K
Bench: Vineet Kothari, R.Suresh Kumar
Order dt.11.06.2020 in
W.P.No.8082 OF 2020
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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.No.8082 OF 2020
WMP Nos.9587, 9588 of 2020
Tamil Nadu High & Higher
Secondary School-Graduate Teachers
Association,
rep. by its President
Mr.Bakthavatchalam,
No.3A, Abdul Razak Street,
A2 Ivory Tower, Saidapet,
Chennai 600 015. ... Petitioner
Vs.
1. The Secretary to Government,
School Education Department,
For St. George, Chennai 600 009.
2. The Secretary to Government,
Revenue and Disaster Management
Department,
Fort St. George, Chennai 600 009.
3. The Directorate of Govt. Examination,
DPI Campus, College Road,
Nungambakkam, Chennai 600 006. ... Respondents
Petition under Article 226 of the Constitution of India praying for
a Writ of mandamus forbearing respondents from conducting SSLC
Public examination as per the communication vide bearing
G.O.Ms.No.246 Revenue and Disaster Management Department dated
20.5.2020 issued by 1st Respondent and consequently direct
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Order dt.11.06.2020 in
W.P.No.8082 OF 2020
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respondents to conduct SSLC Public examination after two months or
Normalcy declared by competent authority, on providing Preparatory
coaching for 15 day sto the SSLC Students before conducting SSLC
Public examination by ensuring care enshrined under UNHRC
Convention on the Rights of Child in consonance with Article 21 of
Constitution of India.
For Writ Petitioner : Mr.N.R.Elango, Senior Counsel for
Mr.V.Arun
For Respondents 1&3 : Mr.C.Munusamy, Special Govt. Pleader
For Respondent-2 : Mr.V.Jayaprakash Narayanan, Govt. Pleader
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 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 petition.
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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.
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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 dated 09.06.2020
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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.
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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 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 http://www.judis.nic.in Order dt.11.06.2020 in W.P.No.8082 OF 2020 5/7 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 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 http://www.judis.nic.in Order dt.11.06.2020 in W.P.No.8082 OF 2020 6/7 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, School Education Department, For St. George, Chennai 600 009.
2. The Secretary to Government, Revenue and Disaster Management Department, Fort St. George, Chennai 600 009.
3. The Directorate of Govt. Examination, DPI Campus, College Road, Nungambakkam, Chennai 600 006.
http://www.judis.nic.in Order dt.11.06.2020 in W.P.No.8082 OF 2020 7/7 DR.VINEET KOTHARI, J.
and R.SURESH KUMAR, J.
(tar) W.P.No.8082 OF 2020 11.06.2020 http://www.judis.nic.in