Minor M.R.Vidhyar v. The Director of Government Examinations Higher Secondary Examination D.P.I. Complex College Road, Chennai-600 0062

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 9.7.2009CORAMTHE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.12459 of 2009 Minor M.R.Vidhyarep. by father and natural guardianV.Murugan ..Petitionervs.

The Director of Government Examinations Higher Secondary Examination D.P.I. Complex College Road, Chennai-600 0062. The Secretary Selection Committee Directorate of Medical Education 162, E.V.R.Periyar High Road Kilpauk, Chennai-600 010 ..RespondentsThis writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamusdirecting the first respondent to issue the revised mark sheetcontaining 71 marks for the subject Bio-Zoology to the petitionerwith respect to the Higher Secondary Examination held in March 2009with Registration No.116787 and the second respondent to admit thepetitioner in the MBBS course in any one of the Government MedicalColleges on the basis of the revised marks obtained by the petitionerin the said Higher Secondary Examination. For Petitioner : Mr.P.Mani For Respondents : Ms.Dakshayani Reddy Government AdvocateO R D E RHeard the learned counsels appearing for the petitioner and thelearned Government Advocate appearing for the respondents.

This writ petition has been filed praying for a writ ofmandamus to direct the first respondent to issue the revised mark https://hcservices.ecourts.gov.in/hcservices/ sheet awarding 71 marks for the Bio-Zoology subject written by thepetitioner in the Higher Secondary Examinations held in the month of March, 2009, with Registration No.116787 and to direct the secondrespondent to admit the petitioner in the M.B.B.S. course in any oneof the Government Medical Colleges, based on the revised mark sheetobtained by her.

The father of the petitioner, who has filed the affidavit insupport of the writ petition, has stated that the petitioner hadappeared for the Higher Secondary Examinations held in the month of March, 2009, conducted by the first respondent.

It has been stated that the petitioner had secured thefollowing marks in the said examinations. Physics - 196/200Chemistry - 193/200Biology - 195/2005. It has been stated that she had requested for a copy of theanswer book. Based on the request made by the petitioner, she wasfurnished with a xerox copy of the answer book relating to Bio-Zoology subject. She had noticed that in respect of the answer toquestion No.35, she was awarded 10 marks, totally. However, in thefront Index Page only 9 marks had been entered for the questionNo.35. The petitioner had applied to the first respondent for re-totaling of the marks awarded to her in Bio-Zoology subject, onreceipt of the xerox copy of the answer book.

It has been further stated that the petitioner had notreceived the revised marks after the re-totaling, nor had shereceived the result of the re-totaling, in respect of the Bio-Zoologysubject. Since the counseling for the M.B.B.S. course was tocommence, on 6.7.2009, the petitioner's father had gone to the officeof the first respondent and had brought to his notice that thepetitioner should have been awarded 71 marks in the Bio-Zoologysubject instead of 70 marks shown in the copy of the answer book. However, the first respondent had refused to comply with the requestof the petitioner's father. As the petitioner had been wronglyawarded 70 marks, instead of 71 marks, which she was due to get forthe answer to question No.35, she has been ranked as 1450 in the General Rank for the counseling to be held, on 11.7.2009. If she hadbeen given one additional mark in the subject of Bio-Zoology subject, she has high chances of getting admission in one of the GovernmentMedical Colleges.

Based on the averments made in the affidavit filed in supportof the writ petition and in view of the submissions made by thelearned counsel for the petitioner, the learned Government Advocate https://hcservices.ecourts.gov.in/hcservices/ appearing for the respondents had been directed to verify the marksawarded to the petitioner for the answer to question No.35 in Bio-Zoology subject. On verification, it was found that the petitionerhad been awarded the correct marks for the answers to the questionsin the Bio-Zoology subject, including question No.35.

At this stage of the hearing of the writ petition, thelearned counsel appearing for the petitioner had submitted that thevaluation of her answer book in the Bio-Zoology subject is notproper, atleast for some of the answers and therefore, the marksawarded to the petitioner in the said subject have to be revisedafter the re-valuation of the answer book of the petitioner in the Bio-Zoology subject.

In reply to the said submission made by the learned counselappearing for the petitioner, the learned Government Advocateappearing for the respondents had submitted that the petitioner hadnot asked for re-valuation of her answer book in Bio-Zoology subjectand she had only requested for re-totaling. Requests for re-valuationor for re-totaling have to be made within five days from the date ofreceipt of the xerox copy of the answer book relating to theconcerned subject, as prescribed by the regulations. However, sincethe petitioner had not asked for re-valuation of her answer book in Bio-Zoology subject, she cannot make the request, at this stage, beyond the period prescribed by the regulations, which are applicableto the case. There is no discretionary power vested with therespondents to permit the request for re-valuation after theprescribed date. Therefore, the writ petition is devoid of merits.

Considering the submissions made by the learned counselsappearing for the parties concerned and on a perusal of the recordsavailable, this Court is of the considered view that the petitionerhas not shown sufficient cause or reason to grant the relief, asprayed for by the petitioner, in the present writ petition.

The averments made by the petitioner in the affidavit filedin support of the writ petition and the contentions raised by thelearned counsel appearing for the petitioner cannot be countenanced, as they could not be sustained by sufficient proof or explanation. Since the petitioner is not entitled to request for re-valuationafter five days from the date of receipt of the xerox copy of theanswer book in Bio-Zoology subject, it is not open to her to makesuch a request, at this belated stage. https://hcservices.ecourts.gov.in/hcservices/

In such view of the matter, the writ petition is liable tobe dismissed. Hence, it is dismissed. No costs. Consequently, connected M.P.No.1 of 2009 is closed.sd/-Asst. Registrar/true copy/Sub Asst. RegistrarlanTo1. The Director of Government Examinations Higher Secondary Examination D.P.I. Complex College Road, Chennai-600 0062. The Secretary Selection Committee Directorate of Medical Education 162, E.V.R.Periyar High Road Kilpauk, Chennai-600 010.+ 1 c.c. to Mr. P. Mani, Advocate. S.R.No.30140.W.P.No.12459 of 2009RS (CO)GSK 10.07.2009.