IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date:- 06.09.2010
Coram
The Honourable Mr. Justice P. JYOTHIMANI
W.P. No. 8658 of 2003
Ms.Porselvi.P. ... Petitioner
..Vs..
1. The State of Tamil Nadu rep. By
the Secretary to Government,
School Education Department,
Fort St.George,Chenai.9
2 The Director Teacher Education
Research and Training,
Chennai.6
3. National Councilfor Teacher Education,
C.S.D building,
HMT Bangalore.31
4. The Director of Government Examinations,
Chennai.6 ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India praying of a writ of mandamus directing the fourth respondent to publish the result and issue diploma certificate of the Secondary Grade Teacher Training Examination of the petitioner held on March 1993 .
. . .
For Petitioner :V.Chandrakanthan
For Respondents : Mr.A.Suresh (G.A.(Education)
(R1, R2 and R.4)
. . .
O R D E R
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.
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 RegistrationNo.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.
pal
To
1. The Secretary to Government,
State of Tamil Nadu
School Education Department,
Fort St.George,Chenai.9
2 The Director Teacher Education
Research and Training,
Chennai.6
3. National Council for Teacher Education,
C.S.D building,
HMT Bangalore.31
4. The Director of Government Examinations,
Chennai 6