G. KALITHEERTHAN Vs. SECRETARY, STATE BOARD OF SCHOOL EXAMINATION
LAWS(MAD)-2014-7-47
HIGH COURT OF MADRAS
Decided on July 21,2014

G. Kalitheerthan Appellant
VERSUS
SECRETARY, STATE BOARD OF SCHOOL EXAMINATION Respondents

JUDGEMENT

- (1.) IN W.P.No.16003/2014, the petitioner's daughter, namely K.T.Elanithi appeared in the Higher Secondary Course Examination during March 2014 in Reg.No.435730 and has secured 1143 marks out of 1200 marks and her overall percentage is 95.25%. The petitioner would further state that his daughter has been awarded 191 marks out of 200 marks in Biology subject, which works out to 95.5%, but she was expecting centum in the said subject and therefore, photocopy of the answer script was obtained and applied for revaluation and even in the revaluation, there was no change in marks and on perusing the mark sheet it was found that in respect of question No.25, the daughter of the petitioner, though written the correct answer, has not been awarded any mark. The petitioner would further contend that even in the revaluation, the respondents 1 and 2 have not followed the answer key published by their department in awarding marks for question No.25 and since the daughter of the petitioner has written correct answer, she is entitled to get full 3 marks in the subject of Zoology and consequently, she is entitled for 194 out of 200 marks in the said subject and in that event, she will get admission in a meritorious manner in a reputed Government medical college according to merit/rank list and therefore, came forward to file this writ petition.
(2.) THE petitioner in W.P.No.16004/2013 would state that her daughter, namely Abirami appeared in the Higher Secondary Course Examination during March 2014 in Reg.No.435712 and secured 1165 marks out of 1200 marks and in Biology subject she was awarded 195 marks out of 200 marks, which works out to 97.5%. The petitioner would further state that her daughter was expecting centum in the said subject and therefore, obtained photocopy of the answer script and applied for revaluation and in revaluation, there is no change in the marks and when the answer script was perused, it was found that the valuers has not awarded any mark for question No.25, though her daughter had written the correct answer. The petitioner would further state that even in the revaluation, the respondents 1 and 2 have not followed the answer key published in the department for awarding marks for question No.25 and since the petitioner's daughter has written correct answer, she is entitled to get full 3 marks and consequently, her cut off mark will be more and will get admision in a meritorious manner in a reputed Government medical college according to her merit/rank list and therefore, came forward to file this writ petition. Mr.S.Thanka Sivan, learned counsel appearing for the petitioners in these writ petitions would submit that the petitioners have studied in Tamil Medium and written the examinations in Tamil and drawn the attention of this Court to Part -III, Biology Question Paper and more particularly to question No.25 in Part -II (Zoology)  Section B and would submit that as per the said question, a candidate has to answer any three impact of solar energy and since the writ petitioners had written the anSwers correctly, they ought to have been given three marks each and since they have failed to do so, these writ petitions have been filed and also drawn the attention of this Court to the English version of the key answer and would submit that out of two options, the petitioners had exercised one option and written the answers correctly and as a matter of right, they are entitled to get three marks each and hence, prays for appropriate orders.
(3.) PER contra, Mr.D.Krishnakumar, learned Special Government Pleader (Education) would submit that admittedly the petitioners had written the answers in Tamil and as per the Tamil key answer, they have to write the negative impact of solar energy and whereas the petitioners had written the positive impact of solar energy and since the answers given by them to Question No.25 did not tally with Zoology book Tamil version as well as the key anwer in Tamil version, they have not been awarded any mark and prays for dismissal of these writ petitions.;


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