Heard the learned counsels appearing for the petitioner and the learned Government Advocate appearing for the respondents.
2. This writ petition has been filed praying for a writ of mandamus to direct the first respondent to issue the revised mark sheet awarding 71 marks for the Bio-Zoology subject written by the petitioner in the Higher Secondary Examinations held in the month of March, 2009, with Registration No.116787 and to direct the second respondent to admit the petitioner in the M.B.B.S. course in any one of the Government Medical Colleges, based on the revised mark sheet obtained by her.
3. The father of the petitioner, who has filed the affidavit in support of the writ petition, has stated that the petitioner had appeared for the Higher Secondary Examinations held in the month of March, 2009, conducted by the first respondent.
4. It has been stated that the petitioner had secured the following marks in the said examinations.
5. It has been stated that she had requested for a copy of the answer book. Based on the request made by the petitioner, she was furnished with a xerox copy of the answer book relating to Bio-Zoology subject. She had noticed that in respect of the answer to question No.35, she was awarded 10 marks, totally. However, in the front Index Page only 9 marks had been entered for the question No.35. The petitioner had applied to the first respondent for re-totaling of the marks awarded to her in Bio-Zoology subject, on receipt of the xerox copy of the answer book.
6. It has been further stated that the petitioner had not received the revised marks after the re-totaling, nor had she received the result of the re-totaling, in respect of the Bio-Zoology subject. Since the counseling for the M.B.B.S. course was to commence, on 6.7.2009, the petitioner's father had gone to the office of the first respondent and had brought to his notice that the petitioner should have been awarded 71 marks in the Bio-Zoology subject instead of 70 marks shown in the copy of the answer book. However, the first respondent had refused to comply with the request of the petitioner's father. As the petitioner had been wrongly awarded 70 marks, instead of 71 marks, which she was due to get for the answer to question No.35, she has been ranked as 1450 in the General Rank for the counseling to be held, on 11.7.2009. If she had been given one additional mark in the subject of Bio-Zoology subject, she has high chances of getting admission in one of the Government Medical Colleges.
7. Based on the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel for the petitioner, the learned Government Advocate appearing for the respondents had been directed to verify the marks awarded to the petitioner for the answer to question No.35 in Bio-Zoology subject. On verification, it was found that the petitioner had been awarded the correct marks for the answers to the questions in the Bio-Zoology subject, including question No.35.
8. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that the valuation of her answer book in the Bio-Zoology subject is not proper, atleast for some of the answers and therefore, the marks awarded to the petitioner in the said subject have to be revised after the re-valuation of the answer book of the petitioner in the Bio-Zoology subject.
9. In reply to the said submission made by the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents had submitted that the petitioner had not asked for re-valuation of her answer book in Bio-Zoology subject and she had only requested for re-totaling. Requests for re-valuation or for re-totaling have to be made within five days from the date of receipt of the xerox copy of the answer book relating to the concerned subject, as prescribed by the regulations. However, since the petitioner had not asked for re-valuation of her answer book in Bio-Zoology subject, she cannot make the request, at this stage, beyond the period prescribed by the regulations, which are applicable to the case. There is no discretionary power vested with the respondents to permit the request for re-valuation after the prescribed date. Therefore, the writ petition is devoid of merits.
10. Considering the submissions made by the learned counsels appearing for the parties concerned and on a perusal of the records available, this Court is of the considered view that the petitioner has not shown sufficient cause or reason to grant the relief, as prayed for by the petitioner, in the present writ petition.
11. The averments made by the petitioner in the affidavit filed in support of the writ petition and the contentions raised by the learned counsel appearing for the petitioner cannot be countenanced, as they could not be sustained by sufficient proof or explanation. Since the petitioner is not entitled to request for re-valuation after five days from the date of receipt of the xerox copy of the answer book in Bio-Zoology subject, it is not open to her to make such a request, at this belated stage.
12. In such view of the matter, the writ petition is liable to be dismissed. Hence, it is dismissed. No costs. Consequently, connected M.P.No.1 of 2009 is closed.
lan To:
1. The Director of Government Examinations Higher Secondary Examination D.P.I. Complex College Road, Chennai-600 006
2. The Secretary Selection Committee Directorate of Medical Education 162, E.V.R.Periyar High Road Kilpauk, Chennai 600 010