The Madras High Court has dismissed an appeal made by the School Education Department against a single judge's order to provide assistance of a scribe for a dyslexic student for writing 10th standard exam in 2011, saying the filing of appeal was an abuse of process of law.
A division bench of the court's Madurai Bench, comprising Justice V Ramasubramanian and N Kirubakaran, said when the single judge directed the officials to provide assistance for the boy as per a government order, they should have done it, instead of coming on appeal.
"We are unable to understand who gave the opinion to file the appeal," the bench said.
"This is a classic example of unnecessary vexatious and unwanted litigation."
The judges recorded that student had written the examination as there was no stay on the single judge's order.
The bench felt that the authorities, on their own, could have given the assistance for the boy after receiving his representation.
The Deputy director, without even going through the government order, insisted that the boy should produce ID issued by the Social welfare department.
However, the social welfare department said it could issue ID only for physically handicapped persons.
The single judge allowed the boy's plea and imposed a cost of Rs 5000 on the Deputy director.
