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2002 Supreme(Mad) 77

A.SUBBULAKSHMY, B.SUBHASHAN REDDY
Poovizhi, Minor – Appellant
Versus
The Government of Tamil Nadu and others – Respondent


Advocates:
M.Ravindran, Senior Counsel, for J.Sethuram, for Appellant.
N.G.R.Prasad, for R.Sankara Subbu, for Petitioner in W.P.No.16589 of 2001.
R.Rajarathinam, for Petitioner in W.P.No.17179 of 2001.
R.Saseetharan, for Petitioner in W.P.No.23620 of 2001.
C.Selvaraju, for Petitioner in W.P.No.20322 of 2001.
N.Paul Vasanthakumar, for Petitioner in W.P.No.1887 of 2002.
N.R.Chandran, Advocate General, assisted by V.R.Rajasekaran, Government Pleader, for Respondent Nos.1 and 2 in Writ Appeals and Writ Petitions.

B.Subhashan Reddy, C.J.: The question in this batch of writ petitions and connected writ appeal is whether the doctrine of legitimate expectation, which a judge-made law, can be invoked to assail the changed Government policy relating to improvement examination as promulgated in G.O.Ms.No.142, School Education Department, dated 12.9.2001.

2. We may have to go to the genesis of the said Government Order, which is impugned in this batch of writ petitions. Henceforth, the said G.O.Ms.No.142, dated 12.9.2001 will be referred to as the impugned G.O.

3. The Government of Tamil Nadu evolved a scheme enabling the students to re-appear in the Higher Secondary Examination for improvement called ‘improvement examination’. That was introduced for the first time, by issuance of G.O.Ms.No.1457, Education Department, dated 7.10.1989. It is needless to mention that the said Scheme has been evolved in exercise of the State’s executive power under Art.162 of Indian Constitution. The Scheme for the Award of Higher Secondary Course Certificate was introduced in 1978 and the first batch of Higher Secondary candidates appeared for the examination in March, 1980. Before the issuance of G.O.Ms.No.1457, only




























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