1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)NO.54 of 2011 and M.P.(MD)No.1 of 2011 G.Marimuthu .. Petitioner Vs. 1.The Director, The Directorate of Government Examinations, Chennai-6. 2.The Director, The Directorate of Matriculation School, Chennai-6. 3.The Regional Director, The Regional Directorate of Government Examinations, Madurai-2. 4.The Correspondent, Kookkal Public School, Kodaikanal, Dindigul District. .. Respondents This writ petition has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the respondents 1 to 3 to publish the results of 10th standard (SSLC) Public Examinations, March 2009 in respect of the petitioner (Registration No.971148). For Petitioner : Mr.M.Ajmal Khan For Respondents : Mr.K.Mahesh Raja, Govt.Advocate for RR1 to 3 ORDER The petitioner has filed the present writ petition seeking for a direction to the respondents 1 to 3 to publish the 10th standard public examination results conducted in March 2009 for private candidates. 2.In the writ petition, notice was ordered on 05.01.2011. But in the application for interim relief, no orders have been passed. On notice from this court, the third respondent has filed a counter affidavit, dated 28.02.2011 along with typed set of documents, to which the petitioner has filed a reply dated 25.4.2011. 3.The case of the petitioner was that he is the resident of Palamputhoor hamlet in Kookal Village, Kodaikanal Taluk. It is https://hcservices.ecourts.gov.in/hcservices/ 2 situated in the remote corner of Palani-Kodaikanal hills. It is claimed that one English gentleman by name Freud had established nine schools in Kodaikanal, Kookkal village, Kanchipuram, Kothagiri, Kannivadi and few other hill stations. K.P.S. Kookal Public School is one of the schools established by him in Kookkal village. The school was imparting education from 1st to 9th standards. The petitioner was admitted to the said school and he had studied 6th to 9th standard in the school, but he could not continue his studies. Thereafter, in order to pursue his studies, he had obtained a Transfer Certificate from the fourth respondent school on 24.5.2007. But the Transfer Certificate was issued as if the petitioner had studied in Karen Matriculation School, Tholupedu, Kanchipuram District. The said school was also run by the same Freud. After obtaining the transfer certificate, he had applied for 10th standard public examinations during March, 2009 as private mode. He was also given a hall ticket and he also wrote the examination at M.L.W.A. Higher Secondary School, Madurai. The results of the petitioner was not published and it was withheld. When he made an enquiry and sent a representation, he was informed that the Karen Matriculation School, where the transfer certificate was issued, is not functioning and it was closed without any intimation to the Director. After getting information through Right to Information Act, the present writ petition is filed. It is stated that he should not suffer on account of department mistake. 4.In the counter affidavit, it was stated that after examinations, the Transfer Certificate submitted by the petitioner obtained from one Karen Matriculation School at Tholupedu was sent for verification. It was found that the school in which the petitioner had obtained transfer certificate was not functioning and it was closed without intimation to the authorities. The records also were not handed over to the department. Therefore, without verification regarding the genuineness of the transfer certificate, the petitioner cannot be allowed to write the examination or even if he wrote the examinations, the results cannot be declared. The transfer certificate produced by the petitioner clearly shows that it was obtained from Karen Matriculation School, Tholupedu. The report sent by the Inspector of Matriculation Schools, Kancheepuram shows that the school was closed and no document from the school was available. Unless the school Headmaster certifies the form sent, the certificate produced by the petitioner cannot be accepted. 5.In the reply affidavit the petitioner once again contended that he should not be penalised and that the right to education is the fundamental right under Article 21A of the Constitution. 6.In the present case, even as per the admission of the petitioner he did not study in the Karen Matriculation School at Tholupedu. But he had studied in the village may be run by the same gentleman. Having produced a false transfer certificate from the school where he never studied, the petitioner cannot file the writ petition and seek for a direction . Such a direction if given will https://hcservices.ecourts.gov.in/hcservices/ 3 amount to perpetuating the illegality. Hence the writ petition is misconceived. Accordingly, the writ petition will stand dismissed. No costs. Consequently connected miscellaneous petition stands closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Director, The Directorate of Government Examinations, Chennai-6. 2.The Director, The Directorate of Matriculation School, Chennai-6. 3.The Regional Director, The Regional Directorate of Government Examinations, Madurai-2. +1cc to M/s.M.Ajmal Khan, Advocate, Sr.No.36499 vvk ssk/11.11.2011 /5c -2p/- W.P.(MD)NO.54 of 2011 and M.P.(MD)No.1 of 2011 20.10.2011 https://hcservices.ecourts.gov.in/hcservices/