IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.No.20204 of 2021

and W.M.P.No.21465 of 2021

Nakshatra Bind A.K., a minor

rep.by her mother and natural guardian Mrs.Dhanya

... Petitioner

Vs.

1.The State of Tamil Nadu rep.by

Principal Secretary to the Government,

Education Department,

Fort St.George, Chennai 600 009.

2.The Director of School Education,

College Road, Chennai 600006.

3.The State Board of School Education, Tamil Nadu,

rep.by its Member Secretary,

Chennai 600 006.

4.The Department of Government Examinations,

Chennai 600006.

5.M/s.Everwin Matric Higher Secondary School,

rep.by its Correspondent / Secretary,

Kolathur, Chennai 600 099.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of

India to issue a Writ of Mandamus directing the respondents 3

and 4 to forthwith issue mark sheet for the writ petitioner for

having undergone Secondary School Leaving Certificate Course

under the 5th respondent / School in 2020-21 in pursuant to

the G. O. Ms. No. 48, dated 25.2.2021, School Education (A. The)

Department, Government of Tamil Nadu.

For Petitioner : Mr.R.Selvakumar

For RR1

: Mr.K.Karthikeyan, Government Advocate

For RR2 to RR4 : Mr.P.Gurunathan

Additional Government Pleader

https://hcservices.ecourts.gov.in/hcservices/

ORDER

The petitioner has filed this writ petition seeking

issuance of Writ of Mandamus directing the respondents 3 and 4

to forthwith issue mark sheet for the writ petitioner for

having undergone Secondary School Leaving Certificate Course

under the 5th respondent / School in 2020-21 in pursuant to

the G. O. Ms. No. 48, dated 25.2.2021, School Education (A. The)

Department, Government of Tamil Nadu.

2. The case of the petitioner is that his minor daughter

Nakshatar Bind, underwent Secondary School Leaving Certificate

Course in the academic year 2020-21, through the 5^th respondent

School and due to COVID 19 pandemic, the education was imparted

only through online process and as such examinations could not

be conducted and therefore, the 2^nd respondent had forwarded a

letter to the 1^st respondent to declare and issue pass

certificate in pursuant to the announcement of policy decision

by the Government. Accordingly, the 1^st respondent had issued

G.O.Ms.No.48 on 25.02.2021 and thereby, the respondents 2 and 3

have issued pass certificate to all the X standard students,

including the writ petitioner. When the policy decision was

announced by the Government, it also has been announced that 'a

detailed guidelines for awarding marks would be issued by the

Government'. Thereafter the petitioner family intend to move

back to their native district of Kozhikode, in the State of

Kerala and had taken Transfer Certificate from the 5^th respondent

along with the pass certificate. Subsequently the petitioner has

made an attempt to file application seeking admission to his

daughter in the XI Standard and the online portal of the

education department in the State of Kerala had fixed guideline

that only those candidates who have obtained D+ grade alone

would be eligible to enter and apply in the Website and thereby,

the petitioner could not apply for the same as she was not

issued with mark sheet. Hence, the petitioner approached the

High Court of Kerala and filed Writ Petition in W.P.(C).No.17597

of 2021 and the High Court of Kerala had issued directions,

directing the educational authorities in Kerala to accept the

petitioner's application and however the grant of admission

based on merits were left open to the School authorities and

further held that the petitioner has to approach the educational

authorities in Tamil Nadu for getting mark sheet. It is alleged

by the petitioner that though all pass GO has been issued as

early as 25.02.2021 a