2010 Supreme(Mad) 3971
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. JYOTHIMANI
Ms. Porselvi. P. & Others
Versus
The State of Tamil Nadu rep. By the Secretary to Government, School Education Department, Chennai & Others
W.P. Nos. 8658, 8659 of 2003
Decided On : 06-09-2010
For the Petitioner:V. Chandrakanthan, Advocate.
For the Respondents: R1, R2 & R4 - A. Suresh, (G.A. (Education)).
Students have a right to know the results of their examinations, but they are not entitled to the issuance of certificates or permission for further examinations.
Headnote:
Results Publication - Secondary Grade Teacher Training Examination - The court directed the publication of the results of the petitioner's examinations but denied the issuance of the diploma certificate.
Fact of the Case:
The petitioner completed the Secondary Grade Teacher Training course but had arrears in multiple subjects. The results of the arrear examinations were not published, and the diploma certificate was not issued due to the de-recognition of the training school.
Finding of the Court:
The court directed the publication of the examination results but denied the issuance of the diploma certificate or permission for further examinations.
Issues: The main issue was the non-publication of the examination results and the non-issuance of the diploma certificate due to the de-recognition of the training school.
Ratio Decidendi: The court held that students have a right to know the results of their examinations, but they are not entitled to the issuance of certificates or permission for further examinations, following previous judgments on similar situations.
Final Decision: The court directed the fourth respondent to publish the results of the examinations but denied the petitioner's entitlement to the issuance of the certificate or permission for further examinations.
1. The Writ Petition is for a direction against the fourth respondent-The Director of Government Examinations, to publish the results and issue diploma certificate of the Secondary Grade Teacher Training Examination of the petitioner held on March 1993.
2. The petitioner having completed 10th standard in March 1986 joined the Secondary Grade Teacher Training course at Lourdu Annai Teacher Training Institute at kandamangalam, Villupuram District in the year 1986. She has passed only in one subject and having arrears in Psychology, Administration, Tamil, English, Science, History and Geography. It is stated that thereafter, the fourth respondent has allowed the petitioner to write the arrear examinations in March 1993 with Registration No.400807. However, the results of the said examinations were not published and the diploma Certificate has not been issued to the petitioner. It appears that the non issuance of Diploma Certificate was due to the de-recognition of the Private Teacher Training School. According to the petitioner, she has completed the course in the said school before it was de-recognised i.e. during the period 1986-1988 itself.
3. It is seen that a Division Bench of this Court in similar situation in P.M. Joseph Vs State of Tamil nadu and others reported in 1993 W.L.R.604 in W.P.9494 of 1992 has held that the results of the written examinations under gone by the students either under the orders of the Court or under the orders of the Government, are to be published since the students have a right to know the results of their examinations. However, the Division Bench has further held that the students are not entitled for the issuance of certificates even if they have passed in the examinations. Following the said Division Bench Judgment, a single Judge of this court in W.P.No.17431 of 1994 (Mr.G.Manivannan Vs The State of Tamil Nadu rep. By the Secretary to Government, School Education Chennai and others) by order dated 14.08.1996, has held as follows:
"In view of the matter, I direct the respondents to publish the results of the petitioner taken by him in July 1993 with Registration No.411280 in the Diploma in Teacher Education. The petitioner will not however be entitled to the issuance of the Certificate or any other permission for writing any other examination. The Writ Petition is allowed to the limited the above. There will be no order as to costs. Consequently no further orders are necessary in the connected W.M.Ps and they are closed.
4. The learned counsel for the petitioner as well as the respondent would submit that such an order may be passed since the petitioner is a student, having written her arrear examinations, is entitled to know the results of the examinations written by her.
5. In such view of the matter, the Writ Petition is disposed of with a direction to the fourth respondent to publish the results of the examinations written by the petitioner in July 1993 with registration No.400807. However, the petitioner is not entitled to the issuance of the Certificate or any other permission for writing any other examination. No costs.