Petitioners challenged the validity of secondary school exam result mark-sheets missing Summative Assessment 1 (SA1) marks. The court directed the school to make representations to the Board for enquiry.
Directs the school to make a formal representation to the Board for enquiry into discrepancies in uploaded marks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 9TH DAY OF JULY 2015/18TH ASHADHA, 1937
W.P.(C).No.18143 of 2015 (P)
PETITIONER(S):
W.P.(C).NO.18143 OF 2015
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W/O. SUNIL KUMAR, SREEKRISHAN VILASOM, NEDUMON PO, EZHAMKULAM, PATHANAMTHITTA
NATIONAL CENTRAL SCHOOL EZHAMKULAM, ADOOR, PATHANAMTHITTA, REPRESENTED BY MOTHER AND GUARDIAN SALAMMA SURESH, W/O. SURESH KUMAR, KAVIDATHU KIZHAKKETHIL, VAYALA PO, PARACOD, PATHANAMTHITTA
NATIONAL CENTRAL SCHOOL EZHAMKULAM, ADOOR, PATHANAMTHITTA, REPRESENTED BY MOTHER AND GUARDIAN LEKHA RANI M.R., D/O. P.MONY, LEKHA NIVAS, PARAKKODE PO., PATHANAMTHITTA.
NATIONAL CENTRAL SCHOOL EZHAMKULAM, ADOOR, PATHANAMTHITTA. REPRESENTED BY FATHER AND GUARDIAN SIVARAJAN NAIR,
S/O. KESAVAN NAIR, DEPTHI NIVAS, NEDUMON PO, PATHANAMTHITTA.
NATIONAL CENTRAL SCHOOL EZHAMKULAM, ADOOR, PATHANAMTHITTA, REPRESENTED BY FATHER AND GUARDIAN T.R. SREEKUMAR, S/O. LATE RAVEENDRAN NAIR, JANAKI BHAVAN, PARACODE PO, ADOOR, PATHANAMTHITTA.
NATIONAL CENTRAL SCHOOL EZHAMKULAM, ADOOR, PATHANAMTHITTA, REPRESENTED BY MOTHER AND GUARDIAN JOY VARGHESE, S/O. SKARIA VARGHESE, PERKOTU THUNDIYIL, ELANTHUR P.O., PATHANAMTHITTA.
W.P.(C).NO.18143 OF 2015
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BY ADV. SRI.B.MOHANLAL.
RESPONDENT(S):-
REPRESENTED BY TIS CHAIRMAN MATHAI.K.K.
W.P.(C).NO.18143 OF 2015
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ADDL.R6. THE JOINT SECRETARY AND REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, 2ND FLOOR, BLOCK-G, LIC DIVISIONAL OFFICE CAMPUS, PATTOM P.O., THIRUVANANTHAPURAM - 695 004.
(ADDITIONAL 6TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 02.07.2015 IN I.A.NO.8378 OF 2015)..
R1 TO R3 & R6 BY STANDING COUNSEL SRI.DEVAN RAMACHANDRAN.
R4 & R5 BY ADVS. SRI.P.S.SREEDHARAN PILLAI,
SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.JOSEPH GEORGE(MULLAKKARIYIL) SRI.ARUN KRISHNA DHAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-07-2015, ALONG WITH W.P.(C).NO.20606 OF 2015-A, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
WP(C).No.18143 of 2015 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
W.P.(C).NO.18143 OF 2015
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RESPONDENT(S)' EXHIBITS:-
EXHIBIT R5(a) TRUE COPY OF LETTER DATED 28.05.2015 SUBMITTED BY 5TH RESPONDENT TO REGIONAL OFFICER, CBSE, THIRUVANANTHAPURAM.
EXHIBIT R5(b) TRUE COPY OF THE DEMAND DRAFT FOR RS.20,500/SUBMITTED BY THE RESPONDENT SCHOOL ON 01.06.2015.
vku/[ true copy ]
K. Vinod Chandran, J
---------------------------------------------------------------W.P.(C).No.18143 of 2015-P & 20606 of 2015-A
Dated this the 09th day of July, 2015
JUDGMENT
Though not listed today, W.P.(C).No.20606 of 2015 is
also called for and disposed of, on the submission of the learned counsel for the parties that the same is connected with W.P.(C). No.18143 of 2015.
mark-lists, produced at Exhibits P1 to P14 in W.P.(C).No.18143 of 2015 and Exhibit P1 in W.P.(C).No.20606 of 2015, issued to them
in the 10th Standard Examination were not proper, since there was no entry of the Summative Assessment 1 [for brevity “SA1”] marks made by the school.
WP(C).Nos.18143 of 2015 & - 2 -
20606 of 2015
Secondary Education [for brevity “CBSE”] has gone through the mark-lists; and submits that, there is difference in the marks as shown in the mark-lists produced along with the writ petitions and in the certificates now produced before Court; all of them, but only for certain subjects. The difference admittedly is since the 5th respondent had endeavoured to rectify the same.
asserts that it was on account of the laches of the 5th respondent and not because of the software that the controversy arose. The allegation even now is that, with respect to the subject 'English', the SA1 marks are not uploaded and that is very evident from the marks awarded, as seen from the certificates. This Court is disabled from examining that, since the question of what marks were uploaded and the computation made by the CBSE, etc. would have to be gone into. It is only proper that the CBSE goes into such allegations, if a proper complaint is filed before it. The fifteen certificates now handed over by the learned counsel for the
5th respondent across the Bar, is entrusted to the learned counsel for the petitioners.
WP(C).Nos.18143 of 2015 & - 3 -
20606 of 2015
of hearing to the complainant and the 5th respondent and pass written orders on them.
The writ petitions are disposed of as above.
Sd/- K.Vinod Chandran Judge.
vku/-
[ true copy ]
1 issue framed by the court
Whether to confine to the Certificate Marksheet disputes regarding the absence of Summative Assessment 1 (SA1) marks uploaded by the school.
JESTIN GEEVARGHESE and others
THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION
THE NATIONAL CENTRAL SCHOOL, EZHAMKULAM
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
