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Danu Maheendran v. State of Kerala

Kerala HC26 Sept 2016WP(C)/22402/2016

Case brief

AI extract

What is this about?

High Court directed respondents to publish cancelled higher secondary examination results for two medical students who appeared based on a special government order, despite initial inelegibility, and return original mark sheets.

What did the court decide?

Third respondent directed to publish petitioners' examination results within two weeks; Registry to return original mark sheets to statutory authority.

Danu Maheendran Vs State of Kerala — Education and Admissions | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 26TH DAY OF SEPTEMBER 2016/4TH ASWINA, 1938

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WP(C).No. 22402 of 2016 (A)

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PETITIONERS:

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1. DANU MAHEENDRAN KAITHATHIL, S.ARYAD, AVALUKUNNU P.O., ALAPPUZHA, PIN- 688 006

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2. UNNIKRISHNAN P.C. PANDURAPATTOM, ASHRAMAM WARD, AVALAKUNNUP.O., ALAPPUZHA PIN- 688 006

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BY ADVS.SRI.T.P.SAJAN SRI.M.MOHAMED NAVAZ

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RESPONDENTS:

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1. STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT GENERAL EDUCATION (U) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001

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2. THE DIRECTOR HIGHER SECONDARY EDUCATION DIRECTORATE OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM

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3. JOINT DIRECTOR (EXAMINATION) HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION

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4. THE PRINCIPAL SDV HIGHER SECONDARY SCHOOL ALAPPUZHA P.O., PIN- 688 011

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R1 TO R3 BY SR. GOVERNMENT PLEADER SMT. K.R. DEEPA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22402 of 2016 (A)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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-------------- P1	--------------------------- TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. SREEJA DATED 5.9.2014
P2	TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. SREEJA DATED 08.10.2014
P3(A)	TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. NAVEENKUMAR CONSULTANT SURGEON GENERAL HOSPITAL ALAPPUZHA DATED 18.02.2015
P3(B)	TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. NAVEENKUMAR CONSULTANT SURGEON GENERAL HOSPITAL ALAPPUZHA DATED 18.02.2015
P3(C)	TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. NAVEENKUMAR CONSULTANT SURGEON GENERAL HOSPITAL ALAPPUZHA DATED 18.02.2015
P4	TRUE COPY OF THE APPLICATION DATED NIL SEEKING SPECIAL SANCTION
P5	TRUE COPY OF GO(RT)NO 802/2015.G. EDN. DATED 26.2.2015 ISSUED BY FIRST RESPONDENT
P6	TRUE COPY OF THE HALL TICKET ISSUED TO THE FIRST PETITIONER
P7	TRUE COPY OF THE SAID REPRESENTATION DATED 10.07.2015
P8	TRUE COPY OF THE COMMUNICATION DATED 25.01.2016
RESPOND	ENT(S)' EXHIBITS:- NIL

/TRUE COPY/

P.A. TO JUDGE

DCS

SHAJI P. CHALY, J

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W.P.(C). NO. 22402 OF 2016

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Dated this the 26^th day of September, 2016

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JUDGMENT

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Petitioners are aggrieved by the withholding of the result of the second year Higher Secondary Examination conducted in March, 2015. Petitioners were higher secondary students of the fourth respondent school during the period 2013-15. Due to medical reasons, evident from Exts. P1 to P3C, petitioners were not able to attend the class during the period they underwent treatment. Since, the petitioners were not having 65% attendance during the academic year 2014-15, and since they have already obtained exemption in the first year, fourth respondent informed that they will not be permitted to appear for the plus two examination conducted during March 2015.

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W.P.(C). NO. 22402 OF 2016 2

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Thereupon, petitioners submitted application before the Minister for Education. According to the petitioners, said applications were considered and Ext. P5 order was passed, allowing the application by condoning the shortage of attendance as a special case and also allowing petitioners to appear for the Higher Secondary Examination as a special case, if they are otherwise eligible. Accordingly, petitioners were permitted to appear for the Plus two examination conducted in March 2015 with Register Numbers 2102560 and 2102512 respectively. The results of the Higher Secondary Examination was published on 20.05.2015. However, results of the petitioners were not published. It was under these circumstances, petitioners have approached this Court by filing this writ petition.

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Heard learned counsel for the petitioners and learned Government Pleader appearing for the respondents. 3. When the matter came up for admission on 30.08.2016, an interim order was issued, directing to make available the result of the petitioners in a sealed cover

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W.P.(C). NO. 22402 OF 2016 3

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before this Court. The said direction is complied with and the result of the petitioners are produced before this Court which reveals that the first petitioner is not eligible and the second petitioner is eligible. On a perusal of Ext. P5 order passed by the first respondent, it is evident that petitioners were directed to appear for the Higher Secondary Examination on March, 2015 as a special case, if they are otherwise eligible. Therefore, it can be seen that petitioners have written the examination on the basis of Ext. P5 order passed by the first respondent.

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On the other hand, learned Government Pleader on instructions submitted that, later the order was withdrawn. However, the fact remains that the petitioners participated in the examination on the basis of Ext. P5 order passed by the first respondent. Therefore, I think it is only appropriate that the respondents are directed to publish the result since the petitioners have participated in the examination on the basis of an enabling order passed by the first respondent.

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W.P.(C). NO. 22402 OF 2016 4

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In that view of the matter, there will be direction to the third respondent to publish the result of the petitioners within two weeks from the date of receipt of a copy of this judgment. Registry is directed to return the original mark sheets of the petitioners to the learned Government Pleader for returning the same to the respective statutory authority, by securing receipt for the same.

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Writ petition is disposed of accordingly.

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SHAJI P. CHALY JUDGE

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DCS

Danu Maheendran v. State of Kerala

Case brief

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Danu Maheendran v. State of Kerala

Case brief

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